University System of New Hampshire

USY - Administrative Board

II. Academic Policies

Table of Contents

USY Administrative Board :: II. Academic Policies

E. Honorary Degrees and Awards

  1. Delegation
  2. Honorary Degrees
  3. Granite State Award
  4. Second nomination
  5. Awards during term or employment
  6. Purpose
  7. Notification

H. Tuition Waiver for Foster Children Program

  1. Description of Program
  2. Definitions
  3. Eligibility
  4. Application
  5. Award of Tuition Waiver
  6. Payment of Tuition Waiver
  7. Renewal of Tuition Waiver
  8. Annual Report

E. Honorary Degrees and Awards

E. Honorary Degrees and Awards

1.   The Board of Trustees delegated to each USNH President the authority to award and confer honorary degrees and Granite State Awards at their respective institution, BOT II.E.1. In the same policy the Board of Trustees directed the Administrative Board to adopt a policy governing the (a) granting of honorary degrees and awards, (b) appropriate coordination among the institutions, and (c) periodic reporting to the Board of Trustees.

2.   The Presidents shall award honorary degrees according to the following criteria:

2.1   Outstanding citizens of the state who bring honor, prestige, and recognition to the state.

2.2   Outstanding alumni of the University and Colleges, whether residing in the state, out of the state, or out of the country.

2.3   Outstanding living benefactors of the University and/or the Colleges, whether their contributions are in kind, service or otherwise. Consideration should be given to former members of the University and College family--trustees, faculty, and staff--in considering potential degree recipients in this category.

2.4   Individuals of national and/or international importance whose contributions have enhanced society as a whole or who have otherwise brought significant enrichment or benefit to particular groups.

2.5   Each Governor of the State of New Hampshire shall be awarded an honorary Doctor of Laws degree at some appropriate occasion during his or her first term in office.

3.   The Presidents shall make Granite State Awards to recognize leaders of business, industry, agriculture, trade associations, and labor organizations, teachers in high or preparatory schools, professional persons, and citizens whose achievements in their own particular spheres have been outstanding for contributions they have made to New Hampshire (i.e., persons of prominence in their own communities who do not easily fit the categories of those eligible for honorary degrees, but who merit commendation). Granite State Awards are also conferred upon agencies, corporations, and foundations when these have provided extraordinary services, or have otherwise proved of great benefit to the state.

4.   If there is substantial evidence of significant distinct additional merit or service, recipients of an Honorary Degree or a Granite State Award may be eligible for a second nomination. (The Secretary of the University System is responsible for maintaining an historical record of all conferrals of degrees and awards, copies of which are made available to the President's Office of each campus.)

5.   Members of the Board of Trustees and members of the faculty and staff of the University System institutions should not, during their term of service or employment, be eligible for conferral of honorary degrees, Granite State Awards, or the naming of facilities in their honor. Barring unusual and compelling circumstances, a reasonable interim (generally a period of not less than two years) should be allowed between retirement from service or employment and nomination of such individuals for this type of recognition.

6.   No honorary degree or award shall be approved or conferred for partisan political purposes and the Board shall diligently endeavor to avoid even the appearance of such purpose.

7.   Prior to conferring an honorary degree or Granite State Award, each President shall inform the other members of the Administrative Board of his or her intentions. The Chancellor shall maintain an inventory of all recipients of honorary degrees and Granite State Awards, including the date of the degree or award and the conferring institution.

H. Tuition Waiver for Foster Children Program

H. Tuition Waiver for Foster Children Program

1.   Description of Program. Tuition waivers are awarded to individuals who have been in state foster care, state guardianship, or out-of-home placement to reduce the cost of attendance at University System of New Hampshire institutions as described below.

2.   Definitions

2.1   “Tuition Waiver for Foster Children” program refers to the provisions established in New Hampshire RSA 187-A:20-b, Tuition Waiver for Children in State Foster Care or Guardianship.

2.2   “State foster care” refers to residence in a foster, relative, or group home or residential facility through an open abuse or neglect case after having been placed there by the court at the request of the New Hampshire Department of Health and Human Services (DHHS).

2.3   “Foster children” eligible to apply for a tuition waiver are under 23 years of age as of May 1 prior to the academic year for which aid is sought and are or were:

2.3.1   In state foster care for the immediate 6-month period prior to his or her 18th birthday;

2.3.2   In state guardianship or custody at the time of his or her 18th birthday;

2.3.3   Adopted while in state guardianship or adopted from the care, custody, and control of the DHHS following a surrender of parental rights; or

2.3.4   In an out-of-home placement under the supervision of the Division for Juvenile Justice Services of the DHHS at the time of his or her 17th birthday.

2.4   “University System of New Hampshire (USNH)” refers to the state’s public four-year institutions of postsecondary education: Granite State College (GSC), Plymouth State University (PSU), Keene State College (KSC), and the University of New Hampshire (UNH).

2.5   “Eligible program” is a USNH academic program leading to the award of an undergraduate certificate, associate degree, or bachelor’s degree.

2.6   “Full-time student” is an enrolled student carrying 12 to 15 credit hours in each of two semesters (fall and spring) constituting an academic year; or, for a trimester-based academic year, 8 to 10 credits hours in each of three trimesters or a total of 24 to 30 credit hours in total by academic year end.

2.7   “Tuition waiver” is a form of gift aid in the amount of the annual in-state tuition and mandatory fees charged to a full-time New Hampshire resident enrolled at a USNH institution.

2.8   “Gift aid” is financial aid in the form of grants, scholarships, or other financial assistance that does not obligate service or monetary repayment.

2.9   “Cost of attendance” is defined by the Higher Education Act of 1965, 20 U.S.C. 1087ll and generally includes expenses for tuition, mandatory fees, room and board on- or off-campus, books, supplies, and other living expenses as calculated for financial aid packaging.

3.   Eligibility

3.1   An eligible applicant for a tuition waiver must meet the following criteria:

3.1.1   Be an eligible foster child as defined above, with certification of eligibility by the DHHS Division of Children, Youth and Families (DCYF);

3.1.2   Be a New Hampshire resident for 12 consecutive months immediately preceding registration for the term for which in-state status is claimed and meet all other USNH requirements for establishing New Hampshire residency (domicile) as set forth in USNH Board of Trustees Policy BOT IV.E.6.1;

3.1.3   Have completed the FAFSA (Free Application for Federal Student Aid), met the specified filing deadline of each respective public institution to which they have applied, and be eligible to receive Title IV federal financial aid at the institution; and

3.1.4   Have been accepted as a full-time student in an eligible program at a USNH institution as defined above.

3.2   The tuition waiver applies only to full-time undergraduate enrollment.

4.   Application

4.1   Each applicant for a tuition waiver must complete the Tuition Waiver for Foster Children application form (and signature page) and submit it to DCYF by May 1 prior to the academic year for which aid is sought.

4.2   Upon satisfactory completion of the application and upon satisfaction of waiver eligibility requirements, DCYF will certify that the applicant meets program eligibility requirements.

4.3   Tuition waiver applicants have the option to delay payment of their housing deposit until final waiver awards have been determined.

5.   Award of Tuition Waiver

5.1   A maximum of 10 tuition waivers will be awarded by the USNH for each academic year. University System tuition waivers are awarded to the recipient for a full academic year and may not be transferred to other individuals during the year.

5.2   Tuition waiver awardee designations will be determined by DCYF based on eligible applicants’ financial need.

5.3   Preference will be given to applicants most likely to remain enrolled for the full academic year.

5.4   Applicants previously awarded a tuition waiver for the preceding academic year and those who left DCYF placement on or after their 18th birthday will be given priority for awards.

5.5   Changes to award criteria may be implemented by USNH in consultation with DCYF and in compliance with state law.

6.   Payment of Tuition Waiver

6.1   The tuition waiver will be awarded by the USNH institution at which the recipient is enrolled and will be applied directly to the student’s financial account before other financial aid, including grants, scholarships, and loans, is applied.

6.2   The tuition waiver, in combination with all other forms of gift aid, may not exceed the cost of attendance at the student’s institution.

6.3   No more than 30 credit hours of tuition may be waived per academic year.

6.4   Waiver does not apply to supplemental winter or summer coursework at UNH, PSU, or KSC.

7.   Renewal of Tuition Waiver

7.1   The tuition waiver will not be renewed automatically. A new application must be completed for each year that a foster child requests to be considered for a tuition waiver. The completed application form (and signature page) must be submitted to DCYF by May 1 prior to the academic year for which aid is sought.

7.2   In addition to meeting the eligibility requirements identified above, individuals seeking to renew a tuition waiver must have, in the preceding academic year, maintained full-time enrollment and demonstrated satisfactory academic progress as defined by the institution.

7.3   An eligible waiver recipient at USNH may receive up to six annual tuition waivers commensurate with 150% of the normal length of time required for completion of the certificate or degree being sought, e.g., up to three years for associate degree; six years for bachelor’s.

8.   Annual Report

8.1   As directed by statute, DCYF annually will submit a report detailing the status of the program to the Health and Human Services Oversight Committee of the New Hampshire State Senate and the Children and Family Law Committee of the New Hampshire House of Representatives, or their successor committee(s). DCYF annually will provide USNH with a copy of the report.

8.2   To inform the required reporting, USNH annually will provide DCYF with information pertaining to waiver recipient enrollment status or degree completion, as authorized on the waiver application form by the recipient or the recipient’s parent or legal guardian (if the recipient is not 18 years of age or older). 

III. Administrative Policies

Table of Contents

USY Administrative Board :: III. Administrative Policies

D. Municipal Services

  1. Delegation
  2. Notification

L. Conflicts of Interest - Executive Officers

  1. Scope
  2. Fiduciary Responsibilities
  3. Disclosure
  4. Restraint on Participation

 

D. Municipal Services

1.   The Board of Trustees delegated to each USNH President the authority to enter into municipal services agreements on behalf of their respective institution, BOT III.D.4. In the same policy the Board of Trustees directed the Administrative Board to adopt a policy to ensure the municipal services agreements are not detrimental to the interests of any of the component institutions or USNH as a whole, provided the policy shall only require the Presidents to inform each other of the terms and conditions of their institution's municipal service agreements.

2.   Prior to entering into a municipal services agreement a President shall inform the other members of the terms and conditions of the proposed agreement. A President also shall consider the effects of the proposed agreement on the other USNH institutions and USNH as a whole and take such measures as may be practical to mitigate any detrimental effects.

L. Conflicts of Interest – Executive Officers

L. Conflicts of Interest – Executive Officers

1.   Scope. The following statement of policy applies to all Executive Officers of the University 
System of New Hampshire who are not also members of the Board of Trustees.

2.   Fiduciary Responsibilities

2.1   Executive Officers of USNH serve the public trust and have a clear obligation to fulfill their responsibilities in a manner consistent with this fact. All decisions of Executive Officers are to be made solely on the basis of a desire to promote the best interests of USNH and the public good. USNH's integrity must be protected and advanced at all times.

2.1.1   Men and women of substance inevitably are involved in the affairs of other institutions and organizations. An effective administration cannot consist of individuals entirely free from at least perceived conflicts of interest. Although most potential conflicts are and will be deemed to be inconsequential, it is everyone's responsibility to ensure that the Board of Trustees is made aware of situations that involve personal, familial, or business relationships that could be troublesome for USNH. Thus, the Board of Trustees requires each Executive Officer annually (1) to review this policy; (2) to disclose any possible personal, familial, or business relationships that reasonably could give rise to a conflict involving USNH; and (3) to acknowledge by his or her signature that he or she is in accordance with the letter and spirit of this policy.

3.   Disclosure

3.1   All Executive Officers are requested to list on this form only those substantive relationships that he or she maintains (or members of their family maintain) with organizations that do business with USNH or otherwise could be construed to potentially affect his or her independent, unbiased judgment in light of his or her decision-making authority or responsibility. In the event an Executive Officer is uncertain as to the appropriateness of listing a particular relationship, the Chairman of the Board of Trustees and/or the Chancellor should be consulted. They, in turn, may consult with legal counsel, the Executive Committee, or the Board of Trustees in executive session. Such information, including information provided on this form, shall be held in confidence, except when, after consultation with the Executive Officer, USNH's best interests would be served by disclosure.

3.2   The following definitions are provided to help each Executive Officer decide whether a relationship should be listed on this form:

3.2.1   Business Relationship: One in which an Executive Officer, or a member of his or her family, as defined below, serves as an officer, director, employee, partner, trustee, or controlling stockholder of an organization that does substantial business with USNH or any of its institutions.

3.2.2   Family Member: A spouse, parent, sibling, child, or any other relative if the latter resides in the same household as the Executive Officer.

3.2.3   Substantial Benefit: When an Executive Officer or a member of her/his family (1) are the actual or beneficial owner of more than 5 percent of the voting stock or controlling interest of an organization that does substantial business with USNH, or (2) have other direct or indirect dealings with such an organization from which an Executive Officer or a member of her/his family benefits directly, indirectly or potentially from cash or property receipts totaling $10,000 or more annually.

4.   Restraint on Participation

4.1   Executive Officers who have declared or been found to have a conflict of interest shall refrain from participating in consideration of proposed transactions, unless for special reasons the Administration requests information or interpretation. Persons with conflicts shall not vote, participate in discussion, nor be present at the time of vote.

IV. Financial Policies

Table of Contents

USY Administrative Board :: IV. Financial Policies

B. Operating Budgets

  1. Internal Chancellor Policies for Use of Reserves and Income Over Budget

F. Refunds for Students Involuntarily Called to Active Duty

G. Investment Management

  1. Quasi-endowments (also known as Funds Functioning as Endowments)
  2. Acquisition, Management and Sale of Equity in Start-up Companies

H. Investment Guidelines

  1. Preamble
  2. General Guidelines
  3. Categories of Pooled Investments
  4. Mitigation of Credit Risk
  5. Measurement of Investment Performance

 

B. Operating Budgets

B. Operating Budgets

1.   Internal Chancellor Policies for Use of Reserves and Income Over Budget

1.1   Authority. Consistent with Board of Trustees Policy BOT IV (Financial Policies, and in particular BOT IV.B.3 - General Policy Concerning Budget Adjustments), the Chancellor will establish the following internal guidelines for delegation of his authority to each respective President for the following use of his/her Unrestricted Education and General (or General Operating Budget) funds:

1.2   Reserves:

1.2.1   Each President may draw upon the respective institutional Reserves (unappropriated fund balance, and for the purposes of this policy section balances will exclude the cost of post-retirement medical benefits) for an amount up to one-half of one percent (.5%) of the prior year's actual GOB expenditures and transfers (including financial aid), provided that withdrawal will not reduce the remaining balance to an amount less than three (3) percent of the prior year's actual GOB expenditures and transfers.

1.2.2   In the event a USNH institution's Reserve balance is less than 3%, upon approval of an institutional plan to achieve the 3% level, the President annually will be granted the above authorization to draw down the respective Reserve balance to a level specified by the Chancellor lower than the 3% floor.

1.2.3   Use of Reserves for amounts above the delegation to the President and below levels requiring Financial Affairs Committee approval (generally between .5% and 1.0% of GOB) will be approved on a case-by-case basis by the Chancellor.

1.3   Tuition Income Over Budget:

1.3.1   Each President may recognize and use gross matriculated student tuition income from the regular sessions (Fall and Spring semesters for residential campuses) equal to one hundred one (101) percent of the approved annual matriculated student tuition budget.

1.3.2   Use of tuition income over budget for amounts above the delegation to the President and below levels requiring Financial Affairs Committee approval (generally between 1.0% and 2.0% of tuition budget) will be approved on a case-by-case basis by the Chancellor.

1.4   Miscellaneous Income Over Budget:

1.4.1   Each President may recognize and use miscellaneous income from all other sources, including the recovery of indirect costs and continuing education tuition income, equal to one hundred five (105) percent of the approved annual budget for these purposes. The Chancellor is delegating full authority within this area, as Trustee approval is required for any amounts greater than 5% of miscellaneous income over budget.

F. Refunds for Students Involuntarily Called to Active Duty

F. Refunds for Students Involuntarily Called to Active Duty

Students with an active reserve status who are involuntarily called to military duty during the course of an academic semester or session shall be entitled to:

1.   Either (a) full refund of tuition payments, or (b) credit for tuition payments that shall be redeemable for a like number of credits or a full semester's academic load if the student re-enrolls within three calendar years from the date of withdrawal; and

2.   Full refund of any registration and course fees paid for the semester or session during which the student is called to active duty; and

3.   Pro rated refund of room, board, and all other student fees and charges including any educational technology assessment.

4.   Not withstanding subsection 3, above, full refund of room and board payments will be made to students called to active duty during the conflict known as "Operation Enduring Freedom."

G. Investment Management

G. Investment Management

1.   Quasi-endowments (also known as Funds Functioning as Endowments)

1.1   University System authority:

1.1.1   The Board of Trustees policy (BOT IV.G.3.2.1) delegates to its Financial Affairs Committee responsibility and authority for final approval of all interfund transfers, including transfers of current, loan and plant funds to establish or add to quasi-endowment funds.

1.1.2   The Financial Affairs Committee delegates to the Chancellor responsibility and authority for approval of transfers to quasi-endowments in amounts of $100,000 or less. It is the intent of this policy to aggregate like transactions when determining the applicable approval procedure.

1.2   Procedure to Establish or add to Quasi-endowment Funds

1.2.1   The President of the institution will request in writing from the Chancellor approval to establish or add to a quasi-endowment. The request should include the original source of funds, any externally imposed restrictions, the amount, and a brief description of the reason for the request.

1.2.2   If the amount if over $100,000, the Chancellor may consider the request for inclusion on the next agenda of the Financial Affairs Committee. If the request is $100,000 or less, the Chancellor may authorize the transfer of funds immediately. The USNH Controller's Office is responsible for properly recording the transfer in the official books and records of USNH. The USNH Treasurer's Office is responsible for moving the investments to the CIP.

1.2.3   Ordinarily the Chancellor will not authorize the establishment of a quasi-endowment of less than $25,000 unless there is a plan to build the fund to at least $25,000 through future transfers or a commitment to reinvest the annual earnings in the fund until it reaches a $25,000 balance. The Chancellor may also establish a quasi-endowment for amounts less than $25,000 if there is a significant institutional purpose; for example, to honor a recently deceased faculty or staff member.

1.2.4   The Chancellor may approve the reinvestment of quasi-endowment earnings even if the balance in the fund exceeds $25,000 and delegates the authority for this decision to the USNH Treasurer.

1.3   Revocation of Quasi-endowment Funds

1.3.1   Because a quasi-endowment results from an internal designation as opposed to a legally binding external requirement, a quasi-endowment may be revoked in the future. A 
revocation of a quasi-endowment of any amount requires the vote of the Financial Affairs Committee.

2.   Acquisition, Management and Sale of Equity in Start-up Companies

2.1   The Board of Trustees has authorized USNH and the component institutions to acquire equity in start-up companies in exchange for the transfer of technology and other intellectual property (BOT IV.G.2.1). At the same time, the board directed the Chancellor to establish such System-wide policies as may be necessary to ensure the prudent exercise of such authority (BOT IV.G.2.2). The Board also directed the Presidents to establish such institutional policies as may be necessary to ensure the prudent exercise of such authority (BOT IV.G.2.3).

2.2   This policy establishes the conditions, under which a USNH institution is authorized to acquire, manage and sell such equity interests.

2.3   Before acquiring an equity interest under the circumstances stated above, the institution shall have adopted an institutional level policy which, at a minimum, addresses the following issues:

  • By whom the decision to acquire an equity interest is made
  • Conflicts of interest
  • By whom the decision to divest is made
  • On what basis the decision to divest is made
  • Distribution of the proceeds of divestiture
  • Who is authorized to sign related documents, provided, however, the authorized signatory shall be the president or a vice president of the institution (see also USY IV.G.2.5)

2.4   In addition, the institutions shall observe the following limitations:

  • Equity shall be taken only in licensing transactions where sufficient cash compensation is not available
  • The institution's equity position shall reasonably reflect the relationship between the value of the licensed intellectual property and the total value of the company provided that in no case shall the institution's equity position be greater than 80% of the outstanding shares
  • In deciding whether to hold one or more memberships on the company's Board of Directors an institution shall consider, among other factors, the reasonableness of holding such memberships in light of the extent of the institution's equity position
  • Other than by the acceptance of an equity position under the terms of this policy, an institution shall not invest in the formation or any later round of private financing of the company, provided, however, that nothing herein shall be construed to prevent an institution from paying the reasonable costs of incorporation
  • Equity acquired pursuant to this policy shall be held by the USNH Treasurer
  • Equity acquired pursuant to this policy shall be sold in an orderly fashion as soon as it is possible to sell it in the public market, in most cases after an initial public offering and the expiration of any "lockout" period, provided, however, that nothing herein shall be construed to prevent an institution from agreeing to a reasonable call option that may be exercised before the equity shares are publicly traded

2.5   The USNH Treasurer hereby delegates to the institutional officer designated in institutional policy the authority to sign all documents related to the acquisition, management, and sale of equity acquired under this policy, with the exception of those documents requiring the signature of the holder of the equity (which shall be the USNH Treasurer).

2.6   On or before September 1 of each year, the President of any institution holding an equity interest in a start-up company at any time during the previous fiscal year shall report those holdings to the USNH Treasurer, including, at a minimum, the date acquired, number of shares, book value, and name of the company.

2.7   On or before November 1 of each year, the USNH Treasurer shall report to the Finance committee on Investments the information collected pursuant to the previous section.

H. Investment Guidelines

H. Investment Guidelines

1.   This statement should be read in conjunction with the BOT Investment Policy (BOT IV.H) and is subject to periodic review and modification by the Finance Committee for Investments. State law RSA 292-B, also known as the Uniform Prudent Management of Institutional Funds Act ("UPMIFA"), forms the conceptual framework for USNH investment policies, guidelines and procedures for both endowment and non-endowment funds.

2.   General Guidelines

2.1   Cash Collection and Concentration. The Treasurer will ensure that cash will be collected throughout USNH and concentrated into central demand deposit account(s) as quickly as practical to assure effective custodianship of assets and to enable productive use of cash to pay expenses and/or to maximize investment opportunities.

2.2   Cash flow Projections. The Treasurer will forecast working capital needs on a rolling basis by reviewing actual cash flows for the past 24 months and forecasting projected cash flows for the next 24 months, taking into account all available information and assumptions regarding trends, capital projects, debt self-liquidity commitments, anticipated internal borrowing, anticipated uses of reserves, and similar sources and uses of cash.

2.3   Liquidity Needs. The Treasurer will maintain adequate liquidity to meet expenses when due and will manage the maturity of investments to maximize investment opportunities consistent with forecasted working capital requirements. The probability of various extraordinary liquidity needs (e.g. capital calls on alternative investments in the endowment fund) will be considered through stress tests so that reasonable risks are factored into liquidity forecasts.

2.4   Due Diligence – Combined Endowment Pool. The Finance Committee for Investments ("Committee") will perform due diligence in the selection and monitoring of the endowment investment advisor, investment managers and investment vehicles. The investment advisor meets with the Committee several times each year. Major investment managers meet with members of the Treasurer’s Office and/or the Committee on a rotating periodic basis.

2.5   Due Diligence – Other Than The Combined Endowment Pool. The Treasurer's Office will perform due diligence in the selection and monitoring of the investment advisor, if applicable. The Treasurer's Office, in consultation with an independent investment advisor, if applicable, will perform due diligence in the selection and monitoring of investment managers and investment vehicles. 

2.6   Investment Brokers. Agreements with all brokers, if applicable, defining scope of services and responsibilities will be updated annually and kept on file. Brokers will be asked annually to (a) sign a statement that they have received and reviewed the USNH investment policy and guidelines, and (b) provide a copy of their firm’s audited financial statements and insurance certificate.

2.7   Reporting and Monitoring. Detailed reports and analyses of the most recent investment results of the Combined Endowment Pool are presented to the Committee by the investment advisors on a quarterly basis, and summary reports are provided to the Treasurer on a monthly basis. Quarterly detailed reports are reconciled by USNH Controller's Office staff. Monthly monitoring and reconciliation of investment account statements and analytical reports by the manager is conducted by USNH staff.

2.8   Downgrades of Investments Below Minimum Ratings. If any security or other investment that requires a minimum rating is downgraded below that minimum after purchase, it will no longer be considered a "permitted investment." Prudent measures shall be taken to liquidate the investment in an orderly fashion to reduce loss of principal.

2.9   Implementation of Committee Actions. For investment transactions approved by the Committee, the resolution of any significant post-approval implementation details will be delegated to the Treasurer and the Committee Chair.

3.   Categories of Pooled Investments

3.1   Cash and Daily Liquidity Investments

3.1.1   Self-liquidity requirement for variable rate bonds. From time to time, the System may be a guarantor on all or a portion of its variable rate demand bonds, thereby guaranteeing payment of the purchase price of any of such bonds that are tendered for purchase and not remarketed. If there is a failed remarketing, the System will be notified by 11:30 a.m. and must ensure full payment for bonds that are tendered by 3:00 p.m. on the same day. USNH has committed to maintain balances in 2A-7 compliant money market accounts at all times equal to at least 1.5 times the current purchase price of such bonds to ensure adequate same-day liquidity. (See also USNH Financial Procedure 4-120 "VRDB Self-Liquidity Procedure" for more detailed information).

3.1.2   Purposes. To meet the self-liquidity requirement for any such bonds, as detailed above; and to meet the anticipated day-to-day operating and capital cash obligations of USNH. Management will consider the overall environment and economic conditions when making decisions about what level of cash and daily liquidity should be maintained above the minimum 2A-7 compliant money market accounts required by USNH's self-liquidity commitment, if any.

3.1.3   Investment objectives in order of importance. (1) safety of principal, (2) same day liquidity, and (3) consistent with the first two objectives, less regard for rate of return.

3.1.4   Permitted investments. Investments with daily liquidity to meet the self-liquidity requirement on related bonds will be maintained in AAA-rated money market funds complying with SEC Rule 2A-7 (setting strict standards for quality, diversification, and maturity) with the largest national fund managers. Other permitted investments with same-day or next-day liquidity include US Treasury Bills; securities of US Government-backed or guaranteed Agencies and Government Sponsored Enterprises (including but not limited to Federal Home Loan Bank, Federal National Mortgage Association, Government National Mortgage Association) securities with maturities of 3 years or less; overnight repurchase agreements with appropriate collateralization (Treasuries @ 102% or Agencies @ 103%) or other means of mitigating custodial credit risk; and bank deposits.

3.2   Near-term Operating & Capital Obligation Investments

3.2.1   Purposes. To meet the anticipated near-term operating and capital cash obligations of USNH for (including funds needed for anticipated internal borrowing, plant construction commitments, etc.) up to approximately 18 months, and to provide a liquid source of funds in the event the Cash and Daily Liquidity Investments are insufficient to meet USNH's cash needs.

3.2.2   Investment objectives in order of importance. (1) reasonable safety of principal, (2) same day to 30 day liquidity, and (3) consistent with the first two objectives, an above-market rate of return, mostly in the form of dividends and interest income.

3.2.3   Permitted investments. These balances may be maintained in securities permitted in the Daily Liquidity Investments as well as the following: securities of US Government-backed or guaranteed Agencies and Government Sponsored Enterprises (including but not limited to Federal Home Loan Bank, Federal National Mortgage Association, Government National Mortgage Association) securities with maturities of greater than 3 years; high quality bond mutual funds with the largest national fund managers and with up to an average of 3 years duration for the portfolio; high quality domestic fixed income securities and other fixed or floating rate securities of domestic corporations or municipalities with long-term investment ratings by Standard & Poor's and Moody's of AA/Aa or better and maturities of up to 365 days; commercial paper and other securities of domestic corporations or municipalities with investment ratings by Standard & Poor's and Moody's of A1/P1; negotiable certificates of deposit, bankers' acceptances, commercial paper and other floating or fixed rate notes or instruments issued by banks with a similar high rating by an independent rating service, FDIC or FSLIC Insurance, and a demonstrated record of profitability; and similar securities that can be readily converted to liquid cash with a minimal fluctuation of principal value that are domestic, dollar-denominated, non-leveraged, non-derivative, marketable securities registered with the Security and Exchange Commission.

3.2.4   Use of Reserves. The use of reserves impacts the amount of available Operating and Capital funds and therefore requires careful evaluation and planning. Unbudgeted use of reserves as defined in BOT IV.B.2.6 must be approved in advance by the Financial Affairs Committee. Planned use of reserves on any campus greater than $1 million must be communicated as far in advance as possible with the Treasurer's Office to aid in preparing accurate cash flow and fund balance projections.

3.3   Excess Cash, Daily Liquidity Investments and Near-Term Operating & Capital Investments

3.3.1   Purpose. To optimize earned income on long-term funds which will be expended by USNH only in the event of severe financial emergency or unusual capital and/or operating needs.

3.3.2   Investment objectives in order of importance. (1) an above-market total rate of return averaged over a number of years, and (2) consistent with the first objective, a measured tolerance for risk and adequate liquidity.

3.3.3   Permitted investments. These balances will generally be maintained in diversified fixed income securities with maturities of over 365 days and equity or bond mutual funds with intermediate to long durations. Alternatively, these funds may be invested alongside the endowment in the Combined Endowment Pool (below), or with appropriate Chancellor or Financial Affairs Committee approval, may be added to the CEP as a quasi-endowment (see BOT IV.G.3), with or without adoption of the standard spending formula.

3.3.4   Allocation of available Excess Cash & Daily Liquidity Investments funds. Amounts above the minimum specified in section H.3.3.1 may be moved to Near-Term Operating & Capital Investments at the discretion of the Treasurer, or directed on an annual basis to the Long Term Treasury Investments quasi-endowment fund in the Combined Endowment Pool at the recommendation of the Investment Committee and the approval of the Financial Affairs Committee.

3.4   Combined Endowment Pool ("CEP")

3.4.1   Purpose. To maximize total returns over a very long time horizon and to support intergenerational equity by employing spending levels which will maintain market value in real terms (i.e., adjusted for expected inflation in the cost of the supported programs and services) in perpetuity, balancing current and future needs specified by the individual endowment fund. Individual endowments purchase units in the CEP monthly based on the current market value per unit.

3.4.2   Investment objectives in order of importance. (1), an above-market rate of total return using a five year planning horizon and (2) consistent with the first objective, a measured tolerance for risk and adequate liquidity.

3.4.3   Permitted investments. These balances will generally be maintained in equities, fixed income, and alternative investments with varying maturities.

3.4.3.1   Asset allocation. Target asset allocations are designed to provide broad diversification of asset categories and investment styles with the objective of minimizing downside risk while capturing upside returns. Expected returns and risks are modeled on a periodic basis by the investment advisor to determine an appropriate target asset allocation given the Committee's risk/return objectives. The Committee will review the actual and target allocations at least annually and affirm or revise specific allocation targets.

3.4.3.2   Liquidity. Increased investment returns often come at the price of illiquidity. Liquidity allocation parameters therefore seek to permit potentially higher yielding illiquid investments while managing certain key risks: diminished marketability of endowment assets, reduced transparency of fund manager decisions, and delayed release of investment performance and valuation information. The target allocation for illiquid investments is 15%, with a maximum limit of 20%.

3.4.3.3   Strategic asset allocation targets. The following table reflects the current allocation targets.

  Target Asset Allocation (%) Lower (%) Upper (%)
Total Global Public Equity 50 40 60
Private Equity 5 0 15
Total Flexible Capital 30 20 35
Global Fixed Income 10 5 20
Real Assets 5 0 10
Total Liquid Capital 0   15

3.4.3.4   Targets for alternative assets. It is understood that because some of the targeted allocations include alternative investments the actual investment allocation may not precisely align with the respective target allocation. Private equity and venture capital investments in particular often have long lead times to completely fulfill committed capital draws, and can make capital distributions which contribute to imprecise target allocations. Allocation ranges, as specified in H.3.4.3.3 above, allow for such timing and valuation variations.

3.4.3.5   Valuation of alternative assets. Every attempt will be made to obtain timely and accurate valuations each month/quarter from alternative asset managers. Where estimated valuation reports are not received within 30 days of period end, the USNH Controller's Office, in conjunction with the investment advisors, will roll forward the previous period’s amounts by reflecting any additional investments, capital calls, return of capital, etc., and will contact the manager to obtain oral or other evidence of the appropriate value. Stated valuations for the major funds or funds-of-funds will be tested for reasonableness by conferring with the fund manager and/or investment advisor to review significant events or economic conditions which may have had a material effect on the fund value. With the assistance, as needed, of the investment advisor, the USNH Controller's Office is responsible for understanding the valuation methods and accounting principles used by each major fund and for assigning its best, objective estimate of valuations in the year end audited USNH financial statements.

3.4.3.6   Allocation Ranges and Rebalancing. Depending on the asset type, actual allocations typically are allowed to vary within a stated range, as specified in H.3.4.3.3 above. This is acceptable for tactical over or under-weighting, for changes in market values of various components over time, and to allow for the investment and valuation idiosyncrasies of certain alternative investments as discussed in H.3.4.3.5 above. Rebalancing will be considered on a periodic basis to maintain actual asset allocations within acceptable ranges of the strategic targets.

3.4.3.7   Treasurer's management responsibilities. With respect to newly received gifts and other funds for endowment and non-endowment purposes as well as for cash holdings above the approved target, the Treasurer will cause all such funds to be invested in an orderly and timely fashion according to approved asset allocation targets and existing investment vehicles, giving due consideration to liquidity needs for payout distribution.

3.4.4   Standard spending formula. The standard spending formula is recommended by the Finance Committee for Investments and approved each year by the Financial Affairs Committee.

3.4.4.1   Objectives. The standard spending formula will be established such that the endowment funds can continue to pay out annual amounts in perpetuity, without a reduction in purchasing power. For example, if an endowment fund provides for one in-state tuition scholarship today it will be expected to provide for one in-state tuition scholarship 25 years from now. This contemplates increased tuition costs at levels which have historically increased slightly higher than the consumer price index. This increased level of future costs could be assumed to be 2% above the historical average CPI in recent years of 2.5%. In other words, USNH may target 4.5% growth in the invested balance of an individual endowment fund over a very long time horizon. Other objectives of the standard spending formula include (a) predictable and dependable annual payout amounts to support ongoing programs and services; (b) timely annual payout data to enable departments to incorporate estimated payouts in annual budget development; and (c) to the extent possible, maintenance of similar payout policies with the UNH Foundation.

3.4.4.2   USNH institutional variances. The standard spending formula, both for purpose and for an administrative fee as provided under guidelines by the state Attorney General, may vary by USNH institution.

3.4.4.3   Payout for purpose. To avoid a rebuttable presumption of imprudence per UPMIFA, RSA 292-B:4 VI, the standard spending formula for purposes specified by donors will not exceed a specified percentage of the prior year's payout amount per unit, limited by 7% of the 12-quarter moving average of the endowment fund’s market value for the period ending the preceding June 30.

3.4.4.4   Payout for administration. Per State of NH Attorney General guidelines, the standard 
spending formula for an administrative fee may not exceed 1% of the market value per unit as of the preceding December 31 without regard to the limitations in H.3.4.4.3 above.

4.   Mitigation of Credit Risk for the System is defined to include all Cash and Investments excluding the UNH Foundation (UNHF), Keene Endowment Association (KEA) and any other separately invested assets of the System.

4.1   Credit Risk. Credit risk is the risk of loss of principal due to default of the security issuer. Credit risk will be mitigated by (a) due diligence in the selection and continuing review of competent investment managers, and (b) diversification of investments and investment managers, as follows:

4.1.1   USNH's direct investment in any one entity's commercial paper may not exceed $10 million.

4.1.2   Except in unusual circumstances (such as the temporary government guarantee program), no more than $50 million may be invested in any one money market fund, mutual fund, hedge fund, or fund-of-funds. Except in unusual circumstances, no more than $75 million may be invested with any one bank, fund manager, or investment house for the combined funds of the categories of pooled investments per sections H.3.1-3.4 above.

4.1.3   With respect to CEP credit risk exposure, no more than 10% of the CEP may be invested with any one active manager/sponsor, except as specifically permitted by the Finance Committee for investments.

4.1.4   USNH investments as a percentage of an institution's total deposits may not exceed 5%.

4.1.5   USNH investments as a percentage of an institution's net equity may not exceed 20%.

5.   Measurement of Investment Performance

5.1   Performance Evaluation Benchmarks

Benchmarks are useful to gauge the performance of USNH's investments, but they are best considered over longer periods, generally three-to-five years. The specific benchmarks and weighting for the CEP will be formalized in cooperation with the investment advisor. The performance of the Fund's investment managers will be actively monitored by the Investment Committee, the Treasurer and/or the investment consultant, who will report any meaningful observations and performance deviations in a timely manner. Quarterly performance will be evaluated versus appropriate benchmarks and peer universities, but emphasis will be placed on relative performance over longer investment periods.

5.2   Quarterly Reporting. Investment results are compared to stated indices no less frequently than quarterly.

V. Personnel Policies

Table of Contents

USY Administrative Board :: V. Personnel Policies

A. Employee Benefits

1. Definition
2. Authority

2.1 Right of the Board of Trustees
2.2 Delegation
2.3 Authorization
2.4 Component Institution Adoption

3. Benefits Provided to All Employees

3.1 Workers' Compensation Benefits
3.2 Employee Assistance Program (EAP)

4. Benefits Available to Status Employees

4.1 Description
4.2 Eligibility for Benefits
4.3 Flexible Benefit Plan
4.4 Accidental Death and Dismemberment Insurance for Police and Public Safety Officers Killed in the Line of Duty
4.5 Other Insurance Benefits
4.6 USNH's 403(b) Retirement Plan
4.7 Tuition Benefit Plan
4.8 Paid Holiday Leave
4.9 UTime - Paid Time Off for Employees not covered by a Collective Bargaining Agreement
4.10 Personal Time
4.11 Sick Time
4.12 Parental Leave
4.13 Short-Term Disability
4.14 Bereavement Leave
4.15 Community Service
4.16 Military Leave
4.17 Time off Benefits for Non-Exempt Employees covered by CBA
4.18 Time off Benefits for Exempt Employees covered by CBA
4.19 Sick Leave for those covered by CBA
4.20 Interim Disability Leave for those covered by CBA
4.21 Bereavement Leave for those covered by CBA

5. Benefits Available to Adjunct Faculty and Staff

5.1 USNH's 403(b) and 457(b) Retirement Plans (Adjunct)
5.2 Medical Insurance Coverage

6. Benefits Following Termination

6.1 Last Day of Benefits Coverage
6.2 Medical and Dental Benefit Continuation
6.3 Flexible Spending Accounts (FSA)
6.4 Tuition Benefit
6.5 Life Insurance
6.6 Unemployment Compensation Benefits

7. Benefits Following Retirement

7.1 Normal Retirement Age
7.2 Social Security
7.3 Income from USNH 403(b) and 457(b) Retirement Accounts
7.4 Medical Coverage for Retirees Age 62 through age 65 and for Full-time Certified Police Officers
7.5 Medical Coverage for Retirees over Age 65 with the Additional Retiree Contribution (ARC)
7.6 Medical Coverage for Retirees Over Age 65 with the Medicare Complementary Plan

8. Benefits Following End of Service Due to Disability

8.1 Long-Term Disability Insurance
8.2 Workers' Compensation while Disabled 

B. Affirmative Action

1. Definition
2. Authority
3. Affirmative Action Officers
4. Affirmative Action Plan

C. Employment

1. Authority

1.1 Authorization
1.2 Component Institution Adoption

2. Equal Employment Opportunity/Affirmative Action

2.1 USNH shall act affirmatively
2.2 Discrimination 
2.3 Genetic Information Nondiscrimination Act (GINA)
2.4 Communication-Internal/External

3. Recruitment and Selection

3.1 Institutional Compliance Officer
3.2 Pre-Advertising Requirements
3.3 Advertising
3.4 Selection
3.5 Exceptions to normal recruitment and selection procedures and policies

4. Placement

4.1 Verification of Right to Work
4.2 Background Review
4.3 Starting Salary for Status Employees
4.4 Confirmation of Employment
4.5 Accommodations
4.6 Post Employment Physical Examinations

5. Orientation

5.1 Each institution provides an employee orientation program

6. Appointments and Employment Relationships

6.1 Definition
6.2 Definitions of parameters important to each employment relationship
6.3 Types of Employment Relationships
6.4 Non-Employment Relationships
6.5 Retiree Relationships

7. Performance Review

7.1 Goal
7.2 Review Criteria
7.3 Institutional Responsibility
7.4 Responsibilities for Performance Reviews
7.5 Performance Review Process
7.6 Timing and Frequency of Performance Reviews
7.7 Uses of Performance Review

8. Performance Related Employment Actions

8.1 Introductory Period
8.2 Unsatisfactory Employee Performance

9. Termination (Not Performance-Related) - Employees not covered by a CBA

9.1 Voluntary Resignation
9.2 Retirement from USNH
9.3 Employment Termination Due to Lack of Funding/Appointment Limitation
9.4 Involuntary Termination-Due to Reduction in Force (RIF)
9.5 Programmatic Displacement of Faculty
9.6 Employment-Termination Due to Financial Exigency

10. Lay-off

10.1 Description
10.2 Process
10.3 Unique Aspects of Lay-off Situations
10.4 Recall
10.5 Return

11. Employment Breaks-Status Employees

11.1 Employment Breaks of One Year or Less
11.2 Employment Breaks Greater than One Year

12. Fitness For Duty

12.1 Faculty or staff member concerned about his/her own fitness for duty
12.2 Medical Evaluation
12.3 Medical Evaluation--Heavy Physical Work and/or Food Handling
12.4 Confidentiality

13. Separation Incentive Plans (SIP)

13.1 Goal
13.2 Authority
13.3 Conditions
13.4 Financial Maximums
13.5 Legal/Human Resources Approval

14. Employment Files

14.1 Existence and Uses
14.2 Authorized Users
14.3 Composition of Files
14.4 Computerized Employee Information

15. HIPAA

15.1 Scope of Policy
15.2 Definition - Covered Information
15.3 Authority
15.4 Notification

16. Leaves Without Pay

16.1 Personal Leave Without Pay
16.2 Leave for Medical Reasons
16.3 Involuntary Leave Without Pay
16.4 Benefit Continuation
16.5 Employee Notification and Return From Leave
16.6 Subsequent Leaves

17. Military Leave

17.1 Eligibility
17.2 Extended Active Service
17.3 Temporary Active Duty
17.4 Retaliation or discrimination

18. Leave for First Responders

19. Family and Medical Leave Act (FMLA)

19.1 Eligibility
19.2 Definition
19.3 Conditions of Leave
19.4 Responsibility
19.5 Benefits During Leave
19.6 Compassionate Donation Program
19.7 Miltary-Related FMLA Leave
19.8 Complaints
19.9 Collective Bargaining Units

20. Jury Duty and Witness Leave

20.1 Description
20.2 Crime Victim Policy

21. Flexible Work Arrangements

21.1 Flextime
21.2 Flex-Year
21.3 Teleworking

22. Cellular Phone Policy

22.1 Scope
22.2 Eligibility Based on Business Need
22.3 Clarification
22.4 Allowances
22.5 Reimbursements
22.6 Effective Date 

23. Reporting Allegations of Employee Sexual Harassment and Violence

23.1 Reporting to the Chief Executive Officer

D. Employee Relations & Safety

1. Authority

1.1 Chancellor's Authorization
1.2 Component Institution Adoption

2. Drug Free Workplace

2.1 Goal
2.2 Commitment & Responsiblities
2.3 Legal Requirements
2.4 Drug/Alcohol Free Awareness
2.5 Employee Alcohol and Controlled Substance Testing

3. Safety

3.1 Safe and Secure Environment
3.2 Toxic Substances
3.3 Occupational Accidents/Injuries/Illness
3.4 Injuries to students, guests and visitors
3.5 Discriminatory Harassment
3.6 Amorous Relationship Policy

4. Non-Smoking

4.1 Indoor Smoking Law
4.2 Smoking Prohibited
4.3 Exclusions
4.4 Complaints
4.5 Component Institution Adoption

5. Wellness

5.1 Purpose
5.2 Employee Assistance Program (EAP)

6. Nepotism

6.1 Number of family members allowed to be employed
6.2 Definition

7. Conflict of Interest

7.1 Professional activities
7.2 Potential for conflict of interest
7.3 Professional consulting activities of faculty
7.4 Compensated professional activities for faculty
7.5 Arrangements
7.6 Professional activities of part-time faculty and lecturers
7.7 Cooperative Extension
7.8 Professional activities of Exempt Employees
7.9 Professional Activities of Non-Exempt Employees
7.10 Use of University System facilities, supplies, equipment, services, letterhead or name
7.11 Employees who would benefit financially
7.12 Appropriation of Institutional Services or Business Opportunities

8. Political Activity Regulations

8.1 Purpose
8.2 Rights of assembly and freedom of speech
8.3 Reasonable use of institutional facilities
8.4 Outside speakers
8.5 Responsibility of USNH
8.6 Participation of Faculty members
8.7 Application of philosophy
8.8 Holding Political Office

9. Political Activity -- Cooperative Extension

9.1 Holding elected or appointed public office
9.2 Providing expert witness testimony in courts, etc.
9.3 Review (Appeal) Process

10. Communicable Diseases

10.1 Definition
10.2 Commitment & Responsibilities
10.3 Confidentiality
10.4 Non-Discrimination
10.5 Authority
10.6 Preparedness
10.7 Education

11. Uniforms, Equipment and Other Special Clothing

11.1 List of required uniforms, protective clothing and equipment
11.2 Exceptions
11.3 Termination

12. Employee Complaint and Grievance Procedures

12.1 Authority
12.2 Standard of Conduct
12.3 Delegation
12.4 Institutional Grievance Procedures
12.5 Record Keeping and Reporting

13. Non-work Related Solicitations

13.1 Goal

14. Emergency Response

14.1 Staffing
14.2 Monetary Payment
14.3 Benefit Continuation
14.4 Other Considerations 

E. Professional Development and Training

1. Authority

1.1 Authorization of Chancellor
1.2 Component Institution Adoption
1.3 Component Institution Responsibility

2. Professional Development and Training

2.1 Goal
2.2 Conduction of Training
2.3 Institutional Office Responsiblities
2.4 Funding

3. Job Exchange

3.1 Faculty Exchange Programs
3.2 Exempt Employee Exchange Programs
3.3 Other Procedures and/or Contractual Relationships

4. Professional Development Leave

4.1 Goal
4.2 Leave Conditions
4.3 Leave Approval
4.4 Sabbatical-Faculty
4.5 Exempt Employee Professional Development Leave
4.6 Principal Administrator's Professional Development Leave
4.7 Benefits

5. Memberships in Professional Organizations

5.1 Explanation

6. Internal Promotion

6.1 Intent and Hiring Guidelines
6.2 Criteria/Conditions
6.3 Procedures 

F. Compensation

1. Authority

1.1 Definition of Compensation
1.2 Classification and Pay Ranges
1.3 Additional Pay Policies

2. Job Evaluation

2.1 Authority/Evaluation System
2.2 Job Content and Organizational Structure
2.3 Administration
2.4 Designations

3. Establishment of Pay Ranges

3.1 Pay Ranges
3.2 Assignment of Classified Jobs to Pay Ranges

4. Determination of Exempt/Non-Exempt Status

4.1 Description

5. Pay by the Hour Policies (Pertains to Non-Exempt Pay Policies)

5.1 Hours Worked
5.2 Paid Holiday Leave
5.3 Curtailed Operations

6. Salary/Pay

6.1 Definition
6.2 Holiday Pay
6.3 Curtailed Operations

7. Additional Pay

7.1 Definition
7.2 Conditions for Review and Approval of Additional Pay
7.3 Hourly-based Additional Pay for Services for adjunct appointments
7.4 Salary-based Additional Pay for Services -- by Event, Project, or Course
7.5 Additional Pay -- Recognition, Recruitment, Other

8. Initial Salary Policy

8.1 Starting Salary
8.2 Promotion
8.3 Transfer
8.4 Reclassification
8.5 Demotion
8.6 Interim Appointment

9. Other Types of Salary Adjustments 

9.1 Across-the-Board Increase
9.2 General Increase
9.3 Market Equity Range Change
9.4 Equity Adjustment
9.5 Merit Increase
9.6 Administrative Adjustment
9.7 Discretionary Increase
9.8 Delay of Increases

10. Pay Distribution

10.1 Pay Year/Periods
10.2 Compensation Schedules
10.3 Pay Advances
10.4 Pay Deductions
10.5 Pay Effective Dates
10.6 Deceased Employee
10.7 Honorarium Pay

11. Total Compensation for Executive Officers

11.1 Delegation
11.2 Policy
11.3 Financial Prudence
11.4 Total Rewards
11.5 Chief Executive Officer's (CEO) Responsibility

A. Employee Benefits

A. Employee Benefits

1.   Definition. The University System of New Hampshire (USNH) benefit program is the sum of the components 
described below. These employer-sponsored benefit plans are available to employees as indicated, unless they are otherwise covered by a collective bargaining agreement.

2.   Authority. The Board of Trustees (BOT) delegates to the designated committee of the Board of Trustees oversight responsibility for the administration of the employee benefits program. Oversight and authority will be described in Trustee Charters, By-Laws, and/or BOT policy.

2.1   The BOT reserves the right to amend or terminate components of USNH's benefits program at any time.

2.2   The BOT delegates to the Chancellor the authority to design USNH's benefits program according to financial and benefit parameters authorized by the BOT. The Chancellor shall report to the designated committee of the BOT at least annually on the effectiveness and suitability of the current program with recommendations for changes to such program, if appropriate.

2.3   The BOT authorizes the Chancellor to produce and/or authorize the production of any materials necessary to accurately describe the terms and conditions of each benefit plan.

2.3.1   USNH Human Resources produces, distributes, and/or posts materials that describe the terms and conditions of each benefit plan.

2.3.2   USNH Human Resources is responsible for determination and selection of benefit vendors and carriers, interpretation of policy and eligibility status, exceptions to policy, and payment and reconciliation of benefit accounts.

2.3.3   As delegated, each institution's Human Resources is responsible for communication and dissemination of benefit information on its campus.

2.4   The component institutions may adopt such institutional policies as are necessary to meet the requirements of USNH's benefits programs.

3.   Benefits Provided to All Employees. Some benefits are provided to all status and adjunct employees and are covered in part through contributions by USNH. 

3.1   Workers' Compensation Benefits

3.1.1   Description. The New Hampshire Workers' Compensation law, RSA 281-A, covers all employees and volunteers. It provides non-taxable payment for loss of earnings and payment of medical expenses due to injury, occupational disease, or death arising out of and in the course of employment. It is not considered compensation under IRS regulations.

3.1.2   Authority and Responsibility. USNH shall comply with all applicable federal and state laws and regulations regarding the administration of the Workers' Compensation program and shall have oversight responsibility for Workers' Compensation policy and budget.

3.1.2.1   Institution. Each component institution shall adopt such institutional policies and practices as are necessary to comply with New Hampshire Workers' Compensation Law, and shall be responsible for the administration for Workers' Compensation. Institutional responsibilities include the following:

3.1.2.1.1   Establish and administer a Work Safety Committee, with a minimum of four members, composed of equal numbers of employer and employee representatives. Employee representatives shall be selected by employee constituency groups or collective bargaining representatives.

3.1.2.1.2   Each year the Campus Work Safety Committees will document their campus safety program, including specific rules and regulations regarding worker safety and references to disciplinary actions for violations of such rules and regulations, and submit it to the Office of Environmental Health & Safety.

3.1.2.2   Supervisors. Supervisors are responsible for compliance with and implementation of institutional policies and practices regarding the Workers' Compensation programs.

3.1.2.2   Employee responsibility. For an injury occurring during working periods, employees are required to promptly submit an accident report to their immediate supervisor, Human Resources, or other appropriate administrator, so the campus can file the First Report of Injury or Illness with the State of New Hampshire's Workers' Compensation Review Commission and/or USNH Workers' Compensation insurance carrier.

3.1.3   Medical documentation is required to support Workers' Compensation claims and concurrent implementation of Family Medical Leave (see USY V.C.19), Earned Time/Sick Pool for status non-exempt employees, and Sick Leave/Interim Disability for status exempt staff. If, after three months of absence, such documentation indicates absence from work will extend six months or longer, the status employee may be eligible to apply for Long Term Disability (see USY V.A.8.1) and should contact USNH Human Resources.

3.1.4   Payment. Workers' Compensation payments are based on federal and state laws.

3.1.4.1   Status employees who have paid leave may supplement the Workers' Compensation benefit by electing to use applicable accumulated paid time/leave; however, the combination of paid leave plans and Workers' Compensation benefits shall not exceed the employee's regular  budgeted salary.

3.1.4.1.1   Employees on the Earned Time (ET) program who choose to supplement Workers' Compensation must use ET for the first five calendar work days before they may supplement with their Sick Pool Leave (see USY V.A.4.9.5). ET will be accrued on that portion of time represented by the Non-Workers' Compensation portion of the payment and is accrued only on the first 15 calendar workdays of Sick Pool usage.

3.1.4.1.2   If using accrued paid leave, exempt staff members will continue to accrue Vacation and Sick Leave on that portion of time represented by the Non-Workers' Compensation portion of the payment.

3.1.5   Position Status. While on approved Workers' Compensation leave, an employee's position will normally be held for 18 months from the date of absence due to the work-related illness/injury. If the disability continues beyond 18 months, the position will not be held for the individual.

3.1.6   Continuation of Benefits. With the exceptions noted below, a status employee will be eligible to continue applicable coverage under the USNH benefits program for up to 18 months by continuing their employee contributions. (See also USY V.A.8.2)

3.1.6.1   Employees will be billed for benefit contributions unless the employee is being paid accrued leave time with enough value to cover the benefit costs. Benefits will terminate if the employee fails to pay their portion of the benefit premiums.

3.1.6.2   If the employee is receiving accrued paid leave with Workers' Compensation payments, retirement contributions can be made only on the leave payment, not the Workers' Compensation payment. The Tuition Benefit will be in effect for spouse and eligible children, but only authorized for the employee's personal use on a case-by-case basis in conjunction with an approved Workers' Compensation program.

3.1.7   Return to Work. Medical documentation supporting the employee's ability to perform the essential functions of the job is required prior to return to work. Reasonable accommodations shall be made consistent with the guidelines of the Americans with Disabilities Act (ADA).

3.1.7.1   Upon written request and medical release, an employee may return to his/her position of employment for up to 18 months from the date of injury.

3.1.7.2   If the position has been eliminated, an employee shall be placed in any other vacant position for which qualified.

3.1.8   Re-hire. If an employee member is able to work following a period of Workers' Compensation which extended beyond 18 months or the position was not held, the individual may apply for positions within USNH. If rehired, a status employee shall receive credit for prior years of service as referenced in USY V.C.11.

3.1.8.1   Medical documentation concerning a former employee's ability to return to employment following a long-term Workers' Compensation leave will be required. Reasonable accommodations shall be made consistent with the guidelines of the Americans with Disabilities Act (ADA). Temporary Alternative Work Assignments. In an effort to facilitate the employee’s return to work, USNH shall develop temporary alternative work options, when appropriate, for employees on Workers' Compensation who can return to work, but are unable to immediately resume all of the functions of their positions. Temporary alternative work options shall be limited and transitional in nature with job requirements that will increase in capacity as the employee’s work capacity increases. If the employee fails to accept a temporary alternative work assignment, Workers' Compensation may be reduced or terminated.

3.2   Employee Assistance Program (EAP). The EAP provides outside professional counseling, assessments and referrals for employees and their eligible family members to assist in resolving problems such as alcoholism, drug abuse, marital conflicts, and workplace issues (see also USY V.D.5.24).

3.2.1   Eligibility. All status and adjunct employees and their spouses/eligible dependents are eligible to participate in the EAP.  This benefit does not apply to student workers.

3.2.2   Coverage. The employee, their spouse, and dependent children will receive a number of free visits to the EAP for each situation.

4.   Benefits Available to Status Employees

4.1   Description. All status USNH employees are eligible to participate in the benefits plans described below. The percent time of appointment and/or salary may determine the employee contribution amounts.

4.1.1   Visiting Faculty and Job Exchange.

4.1.1.1   Visiting faculty members who are not eligible to retain their home institution's benefits are eligible to participate in the USNH benefits program if they are appointed 75% time or more. Visiting faculty members appointed at least half-time for the full academic year who are eligible to retain their home institution's benefits are not eligible to participate in the USNH benefits program. However, they and their dependents are eligible for the tuition benefit.  In cases where a visiting faculty member retains their home institution's benefits but is unable to retain the medical benefits portion of the program, they will be provided USNH medical benefit options. Job Exchange. An employee on an exchange program at USNH is expected to retain the benefits of their home institution. However, their spouse and dependent children are eligible for the tuition portion of the benefits program. In cases where the medical benefits plan from the home institution is not transferable, the employee on the exchange program will be provided USNH medical benefit options.

4.1.1.2   Visiting faculty members appointed at least half-time for the full academic year who are eligible to retain their home institution's benefits are not eligible to participate in the USNH benefits program. However, they and their dependents are eligible for the tuition benefit.

4.2   Eligibility for Benefits. USNH definitions for coverage of spouses and/or dependents are defined in plan summary documents for each benefit. Those documents will include coverage for the spouse (and the dependents of such spouse) of USNH employees who are legally married. 

4.3   Flexible Benefit Plan.

4.3.1   Authority. USNH Human Resources shall establish a Flexible Benefits Plan. The plan shall be a 125 plan under IRS regulations which allows employee benefit contributions to be made on a pre-tax basis, and the plan is subject to other federal laws and regulations.

4.3.1.1   Definition. The USNH Flexible Benefits Plan shall provide eligible status employees with an opportunity to select coverage and plan features from a variety of Medical, Dental, Life and Long-Term Disability options as well as opportunities for a Flexible Spending Account for medical expenses not covered by the plan and/or for child care expenses.

4.3.1.2   USNH Human Resources shall establish the design, terms and conditions of each plan, the conditions and time frames for USNH’s annual Open Enrollment, plan year dates, and Flexible Benefits coverage options, and shall be responsible for selection and contracting of vendors for the Flexible Benefits Plan.

4.3.1.3   Premium rates are set annually, based on market costs.

4.3.2   Effective Date of Benefits Coverage for Medical, Dental, Life Insurance, Long Term Disability and Flexible Spending Accounts. Flexible benefits and enrollment in a Flexible Spending Account will be effective the first day of the month following the date of appointment if the employee completes enrollment within 30 days of their appointment date.

4.3.2.1   If the employee fails to meet the enrollment deadline as noted above, they shall not receive benefit coverage. The employee may enroll during the next annual Open Enrollment.

4.3.3   Open Enrollment. Once each year, employees will be given the opportunity to make changes or initially select their plan options. New coverage is effective on January 1 of the following year.

4.3.3.1   Coverage selections made by an employee are irrevocable during the plan year and may be changed only during the annual Open Enrollment, unless the employee has a qualifying life event change as noted in section USY V.A.4.3.5.

4.3.4   Qualifying Life Event (QLE). A QLE is defined by IRS regulations and includes such events as marriage, divorce or legal separation, the addition of a dependent by birth or adoption, gain or loss of spouse's employment, involuntary loss of spouse's medical coverage, death of a spouse or dependent, change in USNH employment status or taking an unpaid Leave of Absence (see USY V.C.16).

4.3.6.1   Employees must notify USNH of a QLE within 30 days of the qualifying event in order to be eligible to change their coverage selection. Changes in coverage must be consistent with the QLE and, based on proper notification, will be effective on the date of the event.

4.3.5   Leave Status. Employees on a paid or unpaid Leave of Absence are permitted to maintain their coverage in the Flexible Benefits Plan. When applicable, employees will be billed by Campus HR for the appropriate employee/employer benefit contributions.

4.4   Accidental Death and Dismemberment Insurance for Police and Public Safety Officers Killed in the Line of Duty

4.4.1   Description. If a USNH police or public safety officer dies while in the line of duty, a $100,000 death benefit will be paid to the beneficiary designated by the employee. If there is no designated beneficiary at the time of the employee's death for any amounts of benefits payable because of death, that amount will be paid to the employee’s estate. (See summary plan description for additional information.)

4.4.1.1   "Police officer" shall include all status USNH employees classified as Public Safety Officers I, II, III, IV, V or VI as well as Police Captains, Police Sergeants, Police Lieutenants, and Directors/Assistant Directors of Campus Safety and Security.

4.4.2   Eligibility. This benefit shall be paid in addition to any other benefits (such as Life Insurance and AD&D) the employee elected and enrolled in at USNH including any life insurance benefits provided by their collective bargaining contract.

4.4.3   Contributions. There is no employee contribution for this benefit.

4.4.4   Enrollment in this benefit is automatic and begins the first day of appointment.

4.5   Other Insurance Benefits.

4.5.1   Authority. USNH Human Resources may establish insurance benefits in addition to the Flexible Benefit plan. These will have no employer contribution. These optional insurance plans may provide employees with the opportunity to select coverage and plan features for such programs as Long-Term Care Insurance, Vision coverage, Hospital Indemnity, and Short-Term Disability coverage. These programs are normally paid through employee payroll deductions.

4.6   USNH's 403(b) Retirement Plan.

4.6.1   Description. USNH offers its eligible employees the opportunity to participate in a 403(b) voluntary defined contribution retirement plan. The Summary of Plan Provisions describes plan information, including, but not limited to eligibility, enrollment, contribution levels, vesting (including breaks in service), beneficiaries, withdrawals, involuntary termination, additional retirement contributions, and annual limits. The Plan is subject to federal laws, such as the Internal Revenue Code (IRS) and other federal and state laws. The provisions of the Plan are subject to revision due to changes in laws or to pronouncement(s) by the IRS.

4.6.1.1   Enrollment. This is a voluntary retirement plan. Retirement contributions begin on the first day of the month following confirmed enrollment.

4.6.1.2   403(b) Plan Contributions. Both USNH and the participant contribute a percentage of regular budgeted salary. Employee contribution options are outlined in the Retirement Summary Plan provisions along with enrollment and other information. Plan participation and contributions, including changes in contribution level, begin the month following enrollment and/or change in the USNH Retirement Plan.

4.6.1.3   Additional Retirement Contribution (ARC). In 1994 benefits-eligible employees hired prior to 6/30/1994 had the opportunity to choose an Additional 1% Retirement Contribution (ARC) made by USNH or the Medicare Complimentary Plan (MCP). Those who chose ARC and those hired and enrolled between 1994 and June 30, 2011 receive this additional 1% USNH contribution to their retirement plans. Those who chose the MCP receive the regular contribution amounts.

4.6.1.4   Contribution based on Salary over the IRS Permitted Level. USNH does not consider regular budgeted salary in excess of the IRS prescribed limit. The limit is indexed for inflation per IRS Section 401(a)(17)B for the purpose of calculating contributions to the USNH's defined contribution retirement plan. Retirement vendor rules regarding personal annuities apply.

4.6.1.5   Vesting of contributions. Employees are fully and immediately vested in the accrued benefits arising from their contributions. For purposes of vesting of employer contributions, years of service begins when a status employee starts contributing to the retirement plan at a level which is matched by a USNH contribution. After participation in the retirement plan for three calendar years, the employee is 100% vested in the employer contributions.

4.7   Tuition Benefit Plan.

4.7.1   Authority. USNH Human Resources shall be responsible for the development and administration of the Tuition Benefit Plan.

4.7.1.1   Campus Human Resources is responsible for determining eligibility for tuition benefits for employees and spouse or dependent children. The Vice President/Dean of Student Affairs will verify eligibility of campus chaplain and ROTC personnel, spouses, and their dependent children by providing a list of eligible participants to the campus office responsible for personnel administration no later than the Monday preceding the first day of classes.

4.7.2   Employee Tuition Benefits

4.7.2.1   Description. For employees, the Tuition Benefit covers enrollment in any regular credit courses offered by USNH institutions with a USNH course identifier, and where the tuition is paid to a USNH entity. This benefit includes full employer paid coverage at the in-state rate of tuition (equals the tuition rate charged to New Hampshire residents and varies by institution and program) for both the courses and any mandatory fees that all students are assessed as a prerequisite for registration, unless specifically exempt. The costs for food and/or accommodations are not covered.

4.7.2.2   Eligibility. An employee is eligible for the Tuition Benefit following successful completion of the initial introductory period following employment in a status position (see USY V.C.8.1.4). For faculty the completion of the initial introductory period shall mean following two (2) semesters of benefits eligible employment. An employee or faculty member must be employed in a status position for one year on or before the first day of classes in the semester for which application is made for a Tuition Benefit for their spouse/dependents (see USY V.A.4.7.3). Flex-year employees remain eligible for Tuition Benefits during periods of non-active service.

4.7.2.2.1   Coverage. The level of coverage for the Tuition Benefit (payment for courses - credit and/or noncredit) is up to five (5) courses in a fiscal year. Part-time Clinical Faculty with status appointments of at least 50% are eligible for the Tuition Benefit.

4.7.2.2.2   Non-credit Course Benefit. The plan also provides a 50% Tuition Benefit for non-credit courses for employees only. Mandatory fees for non-credit courses that all students are assessed as a prerequisite for registration, unless specifically exempt, will be paid under this benefit. The costs for food and/or accommodations are not covered. The benefit is included with the total number of courses permitted and outlined in USY V.A.4.7.2.2.1.

4.7.2.2.3   The Tuition Benefit Plan does not apply to institutes or courses offered by other educational institutions on campuses of USNH.

4.7.2.2.4   The basic measure of the tuition benefit is by course rather than by credit hour. For example, both a two-hour course and a four-hour course will count as one (1) course.

4.7.2.2.5   If an employee chooses to enroll for more courses/credits than those provided for in USY V.A.4.7.2.2.1 above, they will be charged for the additional tuition at the in-state rate.

4.7.2.2.6   Approval by the employee's supervisor is required in order for an employee to enroll in a course that is scheduled to meet during their normal work hours.

4.7.2.2.7   The employee tuition and/or family tuition benefits are also available to campus Chaplains and ROTC personnel, spouses, and their dependent children in accordance with the terms and conditions as outlined in this policy.

4.7.3   Spouse and Dependent Children Tuition Benefit.

4.7.3.1   Description. The spouse and dependent children of status employees may enroll in any of the regular credit courses offered by USNH at one-half of the current in-state tuition rate. The Tuition Benefit policy applies to official student exchange programs (has a USNH course identifier, and the tuition is paid to a USNH entity), in which the student remains fully registered at their home institution and also covers administrative fees paid by students in the junior year abroad program.

4.7.3.2   Eligibility -- Children. For the purposes of this benefit, children are considered dependent if, at the time of class registration, they are unmarried, have not reached the age of 24, and are dependent on the employee for more than half of their financial support.

4.7.3.2.1   This benefit is not cumulative; that is, if both parents are employed by USNH, the benefit is one-half of the current in-state tuition for their dependent child or children.

4.7.4   Employer Paid Tuition Benefits for Children of Deceased Employees. Children of deceased employees who, at time of death, were either a tenured faculty member or had been employed in a status position for at least one year are entitled to the same educational benefit as indicated above.

4.7.5   Termination. An employee who terminates during a semester, in which the educational benefit is being used, shall be responsible for a pro-rated portion of the benefit provided to the employee, spouse and/or dependent children (see USY V.F.10.4.12).

4.7.6   Taxability. USNH will comply with all state and federal laws regarding the taxation of tuition benefits. Graduate Tuition benefits are subject to taxation through the employee’s payroll check and required taxes will be withheld.

4.8   Paid Holiday Leave.

4.8.1   Authority. The BOT has authorized paid leave for eleven holidays of which eight are designated common holidays. The three additional days designated as floating holidays will be determined by each institution's Chief Executive Officer and communicated to USNH Human Resources.

4.8.2   Designated paid holidays. The following days are designated as common holidays, and all facilities will be closed except for essential operations: New Year's Day; Martin Luther King Day; Memorial Day; Independence Day; Labor Day; Veterans Day; Thanksgiving Day and Christmas Day.

4.8.3   Eligibility. To receive paid holiday leave, an employee must hold a status appointment; their  appointment dates must encompass the holiday, and they must not be in a Leave Without Pay situation immediately prior to or following a holiday. If an employee is on paid leave when a designated holiday occurs, they will receive paid holiday leave, and the time will not be charged as Vacation Leave or Earned Time.

4.8.3.1   Percent time appointments. An employee appointed in a status position of at least 75% time earns holiday benefits based on their percent time of appointment, based on the employee's working schedule and when the holidays fall (see USY V.F.5.2).

4.8.3.2   Academic Year Faculty. Holidays for faculty members with academic year appointments are determined by the academic year calendar (see also USY V.A.4.10.1.1).

4.8.4   Holidays occurring on weekends. For those employees who normally work from Monday through Friday, the following applies: when a common holiday falls on a Saturday, the preceding Friday is the official holiday, and when a common holiday falls on a Sunday, the following Monday is the official holiday.

4.8.5   Special considerations for Non-Exempt Employees. When a designated holiday falls on a full-time non-exempt employee's day off, they may take the same number of holiday hours off with pay during the same or following week; or, if approved by the supervisor, be paid for the holiday hours (see USY V.F.7.3.6) that they are entitled to at their usual pay rate. (For percent time employees see USY V.F.5.2.2.1)

4.8.6   Special considerations for Exempt Employees. If an exempt employee is required to work on a holiday, they will be granted another day off with pay in lieu of the holiday at a time approved by the supervisor.

4.9   UTime – Paid Time Off for Employees not covered by a Collective Bargaining Agreement.

4.9.1   Eligibility. Status employees not covered by a collective bargaining agreement (CBA) or Postdoctoral Appointments (see UNH V.C.5.16). Employees covered under a CBA should refer to their CBA to determine eligibility for Paid Time Off benefits. Also, refer to specific guidelines and/or USNH policy designations, including applicable “grandfathered” USNH policies.

4.9.2   Accrual. Unless otherwise stated, Paid Time Off benefits are earned from the first day of employment and may be used after they are earned. For the purpose of the following policies, a regular day is considered 8 hours; a bi-weekly work period is 80 hours. Actual accruals, deductions and salary continuation will be based on work schedules and years of service. Paid Time Off benefits will not accrue when an employee is not actively working (except for absences covered by Personal Time, Sick Time or banked Earned Time).

4.9.3   It is the responsibility of each department to maintain accurate records that verify the use of Paid Time Off and Paid Time Off balances. Campus Human Resources staff will assist with the recordkeeping of extended absences, in conjunction with Supervisors and third-party administrators (e.g., for Disability, FMLA, Parental Leave, etc.).

4.9.3.1   Paid Time Off may not be used to pay for hours that are more than the regular bi-weekly work period. Unless otherwise allowed under policy, an employee must use all of their available paid time off balances (including previously accrued Earned Time) before transitioning to unpaid absences.

4.10   Personal Time. The purpose of Personal Time is to provide you with salary continuation for vacation days and to cover or supplement other out-of-office time to address personal needs not covered by other USNH policies.

4.10.1   Personal Time is taken at a time mutually agreeable to you and your supervisor, unless otherwise mandated by policy. Accrued Compensatory Time will be used before accessing Personal Time or going unpaid.

4.10.2   The accrual rate is no more than 18 days per year for the first five years of status employment, and 24 days per year thereafter for a 1.0 FTE assignment. If you are on a flex year schedule or you are less than a 1.0 FTE (40 hours per week), you will accrue time on a pro-rated basis. You can have a maximum of 45 days of Personal Time.

Accrual Conversion Chart - Personal Time

 

Days Hours
Service Bi-Weekly Monthly Annual Bi-Weekly Monthly Annual
Up to 5 Years 0.692 1.5 18 5.5 12 144
5 Years or More 0.923 2 24 7.4 16 192

4.10.3   Cash-out. When an employee’s employment with USNH ends (termination or retirement), they will receive up to 30 days of unused personal time in their final paycheck.

4.11 Sick Time. Sick Time is designed to provide salary continuation for absences due to personal medical needs or for designated Family Care. Medical documentation may be required at any time to substantiate an absence and/or to indicate an employee’s ability to return to work after an illness or injury. For any absences that are expected to last more than one week, the employee should contact their Human Resources Office to discuss extended leave options. If an employee doesn’t have a Sick Time balance available, they will use available Compensatory Time, Personal Time or banked Earned Time to cover the absence, before going unpaid.

4.11.1   Accrual. The accrual rate is no more than 15 days per year if an employee is on a 1.0 FTE assignment. Employees can have up to 60 days of accrued sick time.

Accrual Conversion Chart - Sick Time

Days Hours
Bi-Weekly Monthly Annual Bi-Weekly Monthly Annual
0.577 1.25 15 4.62 10 120

4.11.2   Family Care. An employee may use up to 25 days of accrued Sick Time per fiscal year (July 1 - June 30) for Family Care. This aspect of Sick Time may be used for the medical needs of an immediate family member, including support from an illness, accident or medical appointments. Family Care may also include time for activities related to the administration of long-term care for an immediate family member (such as in a nursing facility or hospice). Individuals considered immediate family include the employee’s spouse, mother, father, stepparents, father-in-law, mother-in-law, son, daughter, son-in-law, daughter-in-law, stepchildren, sister, brother, stepbrother, stepsister, grandparents, grandchildren, and individuals living in your household.

4.12   Parental Leave. The purpose of Parental Leave is to provide employees with salary continuation for up to 4 weeks, to take time off for maternity and paternity, transition of a child through adoption or surrogacy, or long term placement of a child (defined as 30 or more days) as a kindred or private foster care provider. If an employee is also covered by the Family and Medical Leave Act, Parental Leave will run at the same time as the FMLA leave.

4.12.1   Parental Leave will be taken in consecutive days, up to 4 weeks, and within 12 weeks of the effective date of the cause for Parental Leave (e.g., birth, placement for adoption). Parental Leave may also be used by an additional, eligible, USNH employee. Future eligibility will be on a rolling 12-month period from the effective date of the last use of Parental Leave. Parental Leave cannot be taken on a partial or intermittent basis or to supplement another leave type.

4.12.2   If an employee is eligible for Parental Leave, a waiting period or elimination period is not required before accessing the Parental Leave benefit.

4.13   Short-Term Disability. The purpose of Short-Term Disability (STD) is to provide an employee with salary continuation for a total disability due to a non-occupational accident or illness, for up to 26 weeks. Short-Term Disability cannot be taken on a partial or intermittent basis or to supplement another leave type.

4.13.1   Waiting Period. An employee must be employed for a minimum of two months (60 calendar days) to be eligible for STD benefits.

4.13.2   Elimination period. Benefits begin the first day of total disability following a non-work-related accident, or on the eighth day of total disability due to illness (including medical maternity).

4.13.3   Salary continuation. After the elimination period and through week 8 (calendar day 56), approved STD benefits will be 100% of an employee’s current salary. From week 9 through week 26 (calendar day 182), the benefit will be 60% of the employee’s salary. An employee can supplement the 40% salary gap by using accrued Sick Time. (If Sick Time is not available, the employee may choose to use Compensatory Time, Personal Time or banked Earned Time.)

4.14   Bereavement Leave. An employee is entitled to five days of Bereavement Leave if an immediate family member dies, and one day of Bereavement Leave if other relatives (noted below) die.

4.14.1   Individuals considered immediate family include the employee’s spouse, mother, father, stepparents, father-in-law, mother-in-law, son, daughter, son-in-law, daughter-in-law, stepchildren, sister, brother, stepbrother, stepsister, grandparents, grandchildren, and individuals living in the employee’s household.

4.14.2   Other relatives include the employee’s brother-in-law, sister-in-law, uncle, spouse’s uncle, aunt, spouse’s aunt, nephew, spouse’s nephew, niece, spouse’s niece, great uncle, spouse’s great uncle, great aunt, spouse’s great aunt, first cousin and spouse’s first cousin.

4.14.3   Additional Time Off. If additional time off is necessary due to the death of a family member, arrangements may be made to permit the employee to use Personal Time/Earned Time or take time off without pay.

4.14.4   Documentation. An employee’s immediate supervisor or Human Resources may request supporting documentation to confirm Bereavement Leave.

4.15   Community Service. USNH encourages employees to become involved in our community—to provide voluntary support of programs that positively impact the quality of life within our employees’ community. The following guidelines apply to community service through a non-profit community program of a personal interest, or as part of a campus-sponsored activity.

4.15.1   An employee may take up to one day per fiscal year (up to 8 hours) of paid time to participate in a volunteer program. Supervisors must approve Community Service program participation at least 15 days before the program begins, to allow for the coordination of work-related responsibilities.

Volunteer time should not conflict with peak work schedules, result in cancellation of classes, create a need for overtime, cause conflicts with other employee’s schedules or otherwise run counter to Conflict of Interest (USY V.D.7) or Political Activity Regulations (USY V.D.8). If a conflict arises, or the requested activity does not fall within established guidelines, the request may be denied.

4.15.1.1   Eligible activities include, but are not limited to, the following:

  • Volunteering with a non-profit, charitable organization, such as United Way, Habitat for Humanity, humane shelters, family assistance services, etc.
  • Assistance with grade school activities, such as reading or writing assistance, or chaperoning field trips
  • Staffing or donating to a blood drive, such as those sponsored by the Red Cross.
  • Providing support to a campus-specific community service event (such as those shown under www.unh.edu/serve).

4.16   Military Leave. Employees 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 employee will not receive any USNH salary. Military leave will not count against Vacation Leave. Sick and Vacation Leave will continue to accumulate during temporary military leave.

4.17   Time off Benefits for Non-Exempt Employees covered by CBA.

4.17.1   Description. Status non-exempt employees may cover absences with Earned Time (ET).  ET covers absences for Vacation, Sick Leave, Interim Disability, Bereavement Leave, Maternity Leave, and Short-Term military Leave. Unused ET may also be received as a payment in cash at the time of voluntary termination or retirement. ET is available as soon as it is "earned." The exact amount of ET accrued each year will depend on the years of service to USNH.

4.17.2   Eligibility. All non-exempt employees who are employed in a status position.

4.17.3   Accrual Rate. Non-exempt employees accumulate ET based on the number of hours they work in their budgeted position and their number of years of status employment within USNH.

For the purpose of this policy, one year of employment will equal 12 consecutive months of employment from date of hire. Non-exempt employees accumulate ET based on status pay hours up to those hours budgeted, and worked for the position, and years of employment to USNH. There is no maximum accumulation of ET.

Accrual Rate for those with current status employment start dates effective to July 1, 2011 or later:

Years of Employment Rate Earned Per Hour Approx. Days Per Month
At Least Hire Date up to 12 .092 2.000
At Least 12 and over 12 .125 2.718

 

Accrual Rate for those with current status employment start dates prior to July 1, 2011:

Years of Employment Rate Earned Per Hour Approx. Days Per Month
At Least Hire Date up to 6 .092 2.000
At Least 6 up to 12 .111 2.416
At Least 12 up to 18 .130 2.833
At Least 18 and Over .149 3.250

 

4.17.4   Earned Time Use. ET may be used any time after the pay period in which it is earned, including during the employee's introductory period. All planned absences will be mutually agreed upon by the employee and their supervisor prior to the date of absence. ET may be used without prior approval when personal emergencies prevent prior approval. In such cases, the employee is responsible for notifying the supervisor of the absence due to a personal emergency. If the employee’s ET includes an approved holiday, they will receive the holiday pay, and the time will not be charged as ET.

4.17.4.1   Increments. ET should be used in units of one-quarter hour or more.

4.17.4.2   When ET is used to cover work time lost due to illness or injury, medical documentation may be required at any time to substantiate an absence and/or to indicate the ability of the individual to return to work following an illness or injury (see USY V.C.12.2). This may also indicate the need for use of the Family Medical Leave Act and the need to contact Campus Human Resources for information concerning Long-Term Disability (see USY V.A.8.1)

4.17.4.3   Minimum Usage. Minimum usage is calculated each pay period at 45% of the ET accrued for that pay period. The total number of minimum usage hours derived from this calculation is compared to the total number of ET hours used at the end of the fiscal year. If the minimum usage requirement has not been met by June 30, remaining minimum usage hours will be subtracted from the employee's ET balance prior to its being carried forward into the new fiscal year. New non-exempt employees hired prior to January 1 will be required to satisfy the minimum usage requirement by June 30 of the end of their first partial year of employment. Computation of minimum usage will occur as of June 30 of each year. Employees with less than six months of service are exempt from minimum usage requirements. Hours converted into the Sick Leave Pool do not count toward minimum usage requirements.

4.17.5   Sick Pool.

4.17.5.1   Description. The Sick Pool is intended to provide additional security by allowing employees the opportunity to exchange ET hours for Sick Pool hours at the equivalent rate of three Sick Pool hours for each hour of ET. Each institution establishes a one-month period each year for "open enrollment" in the Sick Pool. In addition, an employee who completes their initial introductory period will then be allowed a 30 day period to convert accrued ET hours to Sick Pool hours.

4.17.5.2   Sick Pool hours is used for extended periods of illness or injury and are not eligible for pay out at retirement or termination. ET benefits accrue only during the initial three weeks (15 working days) of each separate use of the Sick Pool.

4.17.5.3   Usage of Sick Pool commences with the sixth consecutive day of absence from work due to illness or injury. ET may be used to cover the initial 5 day period. A physician's report must accompany the request to use Sick Pool. Periodic updates from the employee’s physician may be required. The use of the Sick Pool may indicate the need for FMLA. After three months of absence from work, the employee should contact the USNH Human Resources Office for information concerning Long-Term Disability (see USY V.A.8.1).

4.17.5.3.1   Campus Human Resources may grant an exception to the policy that requires the usage of the equivalent of five (5) ET days before being permitted access to the Sick Pool when either of the following circumstances occur: (1) when an employee returns to work after using Sick Pool but is disabled again within 10 working days, or (2) when the disability is certified by a physician to be the same as for the original use or from the same cause as the original Sick Pool usage.

4.17.5.4   The maximum Sick Pool an employee may accumulate is the equivalent of 150 days (1,125 hours for those on a 37.5 hour work week and 1,200 hours for those on a 40-hour work week). An employee may add to their Sick Pool once each fiscal year according to the procedures adopted by each individual institution.

4.17.5.5   Exhaustion of ET/Sick Pool. An employee on an approved absence who has used all ET and Sick Pool will be placed on Leave Without Pay. If the illness/injury qualifies for FMLA leave (see USY V.C.19), benefits will continue for the period of the FMLA (see USY V.C.19). Other continuance of benefits during a leave without pay is set forth in USY V.C.16.

4.17.5.6   Position Status. When there is supporting medical documentation of an employee's absence due to illness or injury, USNH will normally not terminate an individual from their position for six months from the first date of absence. For those individuals in their initial introductory period, the position will not be held unless the disability is due to pregnancy or covered by Workers' Compensation.

4.17.5.7   Return to Work. Following a period of absence due to illness/injury, medical documentation supporting the employee's ability to perform the essential functions of the job is required prior to returning to work (see USY V.C.12.2).

4.17.5.8   Use of Sick Pool for Family Leave. Non-exempt employees with at least one year of status service may use up to a maximum of 10 days of accrued Sick Pool time per fiscal year (75 hours for those on a 37.5 hour work week and 80 hours for those on a 40 hour work week prorated for employees working part-time) for Family Leave. This leave may be used for medical appointments, illness, or medical needs of an immediate family member; prenatal or postnatal care; or for purposes of caring for a new baby or adoptive/foster child after placement and/or for Crime Victim Leave (see USY V.C.20.2). Access to the Sick Pool for the use of family or crime victim leave does not require the prior use of five ET days.

4.17.5.8.1   Immediate family member is defined as spouse, parent, legally dependent child, or any person living in the staff member's household.

4.17.5.8.2   Bereavement Leave. After supervisory notification, an employee may use Family Leave for Bereavement Leave. Use of Family Leave for Bereavement Leave follows the same parameters described in USY V.A.4.13.

4.17.6   Record keeping. The institution is responsible for maintaining accurate records that verify the usage and current ET/Sick Pool leave balances of each employee.

4.17.7   Cash-out of ET Hours. Eligible non-exempt employees who have completed their introductory period have the opportunity during a predesignated month each calendar year to cash-out up to a maximum of 40 hours of ET, based on their work week. The cash-out hours will be paid at the hourly rate in effect at the time of the cash-out. Any hours cashed-out do not count towards the ET minimum usage requirement.

4.17.7.1   Conditions. Each USNH institution shall maintain records of all cash-outs and subsequent adjustments of accrued ET. Cash-out payments are subject to taxation. The employee must have a minimum of 24 hours of Earned Time remaining following the cash-out.

4.17.8   Pay out at Termination, including Retirement. ET may not be used to extend employment beyond the last day of work unless an employee will be a USNH Retiree (as defined in USY V.C.9.2.1) in which case up to (10) ET days may be used to extend employment from the last day of active service to the effective date of retirement (USY V.C.9.1.1.1). ET is paid off at the base rate of pay at time of termination. The value of Longevity, if applicable, is not calculated in the payment of ET. All unused ET, less any ET needed to meet the minimum usage requirement (see USY V.A.4.9.4.3), will occur by the pay date for the pay period in which the final date of employment occurs or the end of the next scheduled pay period, depending on the amount of notice provided if the termination occurs under normal circumstances and does not involve an act of gross misconduct such as theft or immoral conduct. Employees laid off may leave ET intact pending recall.

4.17.9   Conversion from ET to Vacation and Sick Leave as a result of change from non-exempt to exempt (For conversion from Vacation Leave and Sick Leave to ET see USY V.A.4.10.7)

4.17.9.1   When an employee transfers, is promoted, or reclassified into an exempt status position, ET benefits are converted using the following procedure:

4.17.9.1.1   If the employee has a total ET accumulation of the equivalent of twenty (20) or fewer days (160 hours), the total amount accumulated will be converted to Vacation  Leave and transferred with employee.

4.17.9.1.2   For any ET credit in excess of the equivalent of 20 days, an option allowing the remaining accumulation to be either transferred to Sick Leave or Vacation Leave or paid to the employee is provided. In the event an employee is promoted or transferred into a position that does not accumulate vacation, i.e., an AY faculty position, the employee will be paid accumulated ET.

4.17.9.1.3   Sick Pool Hours may be converted to the traditional Sick Leave program at the rate of the equivalent of three (3) Sick Pool Days (24 hours) for one Sick Leave Day.

4.18   Time off Benefits for Exempt Employees covered by CBA.

4.18.1   Eligibility. All members of the fiscal year faculty and exempt employees who are employed in a status position are eligible for Vacation Leave. Vacation Leave is earned from the first day of employment and may be used after it is earned. Vacation Leave is taken at a time mutually agreeable to the employee and the supervisor.

4.18.1.1   Faculty. Time off Benefits for faculty members with academic year appointments are determined by the academic year calendar. For those faculty members appointed on a fiscal year basis (12 months) reference USY V.A.4.10.2 for accrual rate.

4.18.2   Accrual Rate.

4.18.2.1   The accrual rate for eligible Exempt employees is one and a half (1.5) days per month for the first five years of status employment and two (2) days per month thereafter.

4.18.2.1.1   Exception. For those with a current status employment start date prior to July 1, 2011, the accrual rate will be two (2) days per month.

4.18.3   Flex Year Appointments. Employees with flex year status appointments earn Vacation Leave on a prorated basis.

4.18.4   Maximum Balance. The maximum balance at the end of each month is 45 days. The maximum number of days for payout at termination will be 30 days.

4.18.4.1   Employees promoted or transferred into a new employee classification, i.e., Exempt and Non-Exempt are entitled to carry their accumulated Vacation Leave with them to the new position. In the event an employee is promoted or transferred into a position that does not accumulate Vacation Leave, i.e., an academic year faculty position, the employee will be paid for their accumulated Vacation Leave/ET prior to reporting to the new position. (For conversion of ET to Vacation Leave, see USY V.A.4.9.9)

4.18.5   Vacation Leave Use. Exempt staff members should use Vacation Leave in increments of one-half day or more. Planned use of Vacation Leave must have the approval of the supervisor prior to taking the leave. Vacation Leave may be used without prior approval when personal emergencies prevent prior approval. In such cases, the employee is responsible for notifying the supervisor of the absence due to a personal emergency. If the employee's Vacation Leave includes an approved holiday, they will receive holiday pay, and the time will not be charged as Vacation Leave.

4.18.5.1   Leave Usage. Supervisors are required to grant, at times mutually agreeable, a minimum of nine days of Vacation/Personal Leave per year for employees with less than five years of service from date of hire/rehire and twelve days of Vacation Leave per year for the employees with five or more years of service. Vacation Leave usage is calculated on a fiscal year basis, July 1 through June 30.

4.18.6   Vacation Leave Pay out at Termination including Retirement. Vacation Leave days may not be used to extend employment beyond the last day of work unless an employee or fiscal year faculty member will be a USNH Retiree (as defined in USY V.C.9.2.1) in which case up to ten Vacation Leave days may be used to extend employment from the last day of active service to the effective date of retirement (USY V.C.9.1.1.1). All unused Vacation days up to thirty days will occur by the pay date for the pay period in which the final date of employment occurs or the end of the next scheduled pay period depending on the amount of notice provided, and will be paid to the employee or fiscal year faculty member (or their estate in the case of the individual's death) if the termination occurs under normal circumstances and does not involve an act that demonstrates unfitness for continued employment within USNH, such as theft or immoral conduct. Employees or fiscal year faculty members laid off may leave Vacation Leave intact pending recall.

4.18.7   Vacation Leave at Layoff or Leave. Employees may leave accumulated Vacation Leave intact pending recall if the nature of their absence from employment is layoff. In cases of unpaid leaves of absence, unused Vacation Leave will be carried forward through the period of the leave. If the employee does not return to work any unused Vacation Leave will be paid at termination.

4.18.8   Conversion from Vacation Leave and Sick Leave to Earned Time (ET). When an employee transfers, is promoted or reclassified into a non-exempt position, Vacation and Sick Leave are converted using the following procedure:

  • Vacation Leave: Ratio 1 full-time day to 8 hours of ET
  • Sick Leave (conversion pro-rated depending on years of service)

4.18.8.1   Conversion Table for Transfer of Existing Sick Leave into ET/Sick Pool Days

Accumulated Sick Leave Years of Full-Time Service
  0-6 6-12 12-18 18+
0-50 days 1 day/8 hours .75/8 hours .50/8 hours .25/8 hours
51-99 days 1 day/8 hours* .80/8 hours .65/8 hours .55/8 hours
100+ days _ _ _ 1 day/8 hours 1 day/8 hours 1day /8 hours

*A special appeal will be allowed for employees whose Sick Leave converts at less than the 1:1 ratio. Where medical evidence exists to support high usage of Sick Leave, the 1:1 conversion may be authorized by the Campus Human Resources Director.

4.18.8.2   If the Vacation Leave conversion exceeds 480 ET hours, the additional hours will be automatically converted to Sick Pool hours. The maximum Sick Pool time is the equivalent of 150 days (1,125 hours for staff on a 37.5 hour work week and 1,200 hours for those on a 40-hour work week).Thus, if an employee has a total conversion of 110 days or more, the employee will begin the ET program with 480 ET hours and either 1,125 or 1,200 Sick Pool hours.

4.18.8.3   Pay Schedule Bridge. Prior to converting Vacation Leave days to ET hours, an exempt employee may cash out up to five (5) Vacation Leave days at the pre-conversion salary rate to bridge the gap between exempt and non-exempt pay schedules.

4.18.9   Record Keeping. It is the responsibility of each department to maintain accurate
records that verify the usage and current Vacation/Sick Leave balances of each employee.

4.19   Sick Leave for those covered by CBA.

4.19.1   Eligibility. Faculty and exempt employees with status appointments are eligible for Sick Leave.

4.19.2   Description. Sick Leave is designed to provide salary continuation for absences due to personal illness and injury or Family Leave as described below in USY V.A.4.11.2.2. Medical documentation may be required at any time to substantiate an absence and/or to indicate the ability of the individual to return to work following an illness or injury (see USY V.C.12.2).

4.19.2.1   If documentation indicates the potential for an illness or injury to last more than six months, the employee should contact Campus Human Resources for information concerning Long-Term Disability (see USY V.A.8.1).

4.19.2.2   Use of Sick Leave for Family Leave. Full-time employees with at least one year of benefits-eligible service may use up to a maximum of 10 days of accrued Sick Leave per fiscal year (prorated for percent time staff) for Family Leave. This leave may be used for medical appointments, illness, or medical needs of an immediate family member; prenatal or postnatal care; or for purposes of caring for a new baby or adoptive/foster child after placement. It may also be used for extended Bereavement Leave (see USY V.A.4.11.2.2.2) and/or Crime Victim Leave (see USY V.C.20.2).

4.19.2.2.1   Immediate family member is defined as spouse, parent, legally dependent child, or any person living in the staff member's household.

4.19.2.2.2   Extended Bereavement Leave. After supervisory notification and the use of Bereavement Leave, an employee may use Family Leave for extended Bereavement Leave in the event of the death of an immediate family member. Bereavement Leave follows the same parameters described in USY V.A.4.13.

4.19.3   Accumulation. Sick Leave accumulates at the rate of 1 1/4 days each month based on a full-time  appointment; flex-year appointments accumulate Sick Leave based on their percent time of appointment. The maximum accumulation of Sick Leave is 130 (working) days.

4.19.3.1   Introductory Period. Sick Leave is accumulated during an individual's introductory period and may be used the month after it is accumulated.

4.19.4   Record keeping. Each department is responsible for maintaining accurate records that verify the usage and current Sick Leave balances of each employee.

4.19.4.1   Faculty records. When faculty members are absent from their duties because of illness, and other faculty members assume their responsibilities on a temporary basis, no formal report of absence is required unless the absence exceeds one month or is of a serious nature as defined by FMLA (see USY V.C.19).

4.19.5   Position Status. When there is supporting medical documentation of an absence due to illness or injury, USNH will normally not terminate an employee from their position for up to six months from the first date of absence. For those individuals in their initial introductory period, the position will not be held unless the disability is due to pregnancy or is covered by Worker's Compensation.

4.19.6   Return to Work. Medical documentation supporting the employee's ability to perform the essential functions of the job is required prior to return to work (see USY V.C.12).

4.20   Interim Disability Leave for those covered by CBA.

4.20.1   Eligibility. Faculty and Exempt employees with status appointments are eligible for Interim Disability benefits.

4.20.2   Description. In situations where medical documentation concerning an employee's inability to work indicates that the duration of the illness/injury will cause an absence from work of more than six months, Interim Disability provides the continuation of the individual's salary and benefits up to a total of six months absence from work inclusive of Sick Leave.

4.20.2.1   During the period of Sick Leave/Interim Disability, the employee will be placed on FMLA as outlined in USY V.C.19 and should apply, through USNH Human Resources, for Long-Term Disability which may provide income and continuance of benefits following the expiration of Interim Disability.

4.20.2.2   If there is a subsequent period of disability after use of all or part of the Interim Disability benefit provided above and if the subsequent disability is unrelated to the first, the policy set forth in USY V.A.4.12.2.1 will apply.

4.20.2.3   Should an employee's repetitive disabilities create an inability to perform the essential functions of the position, appropriate action shall be considered, i.e., application for Long-Term Disability (see USY V.A.8.1) or an accommodation as outlined in USY V.C.4.5.

4.20.3   Compensation. If accrued Sick Leave is exhausted, and medical documentation states that the employee is unable to return to work, salary is continued for the period of disability through paid Interim Disability Leave up to a total of six months' absence from work inclusive of Sick Leave.

4.20.4   Continuation of Benefits. Benefits shall continue during the period of Interim Disability, with the exception of the accrual of Vacation Leave and Sick Leave and personal use of the Tuition Benefit.

4.20.5   Position Status. A position will be held during the period of Sick Leave/Interim Disability leave for a maximum of six months from the first date of absence from work. For those individuals in their initial introductory period, the position will not be held unless the disability is due to pregnancy or is covered by Workers' Compensation (see USY V.A.8.2).

4.20.6   Interim Disability - Pregnancy

4.20.6.1   When medical documentation indicates that an employee (for eligibility see USY V.A.4.12.1) is unable to perform their duties and responsibilities because of medical conditions related to pregnancy and/or childbirth, the employee who plans to return to their position may use accrued Sick Leave/Interim Disability Leave/Family Medical Leave, and their position will be held (see USY V.C.19).

4.20.6.2   The period of leave is determined on a case-by-case basis from medical documentation. As with all leaves for Interim Disability, the period of leave shall first include the use of accumulated Sick Leave.

4.20.6.3   When the employee's medical condition no longer requires absence from work, they are expected to return to work. However, FMLA provides the option of up to a total of 12 weeks of leave from their position for child rearing purposes. Continuance of salary under FMLA is contingent on use of their accrued Vacation Leave (see USY V.C.19).

4.20.6.4   Return to Work. Medical documentation supporting the employee's ability to perform the essential functions of the job is required prior to return to work (see USY V.C.12).

4.21   Bereavement Leave for those covered by CBA

4.21.1   Description. Faculty and Exempt employees are entitled to five days of Bereavement Leave for the death of an immediate family member and one day for the death of other relatives.

4.21.1.1   Non-Exempt employees covered by ET may use five days of Sick Pool Leave for the death of an immediate family member and one day for the death of other relatives following the parameters of USY V.A.4.13.

4.21.2   Those individuals considered immediate family include spouse, mother, father, stepparents, father-in-law, mother-in-law, son, daughter, son-in-law, daughter-in-law, stepchildren, sister, brother, stepbrother, stepsister, grandparents, grandchildren, and individuals living within the faculty/staff member's household.

4.21.3   Other relatives include brother-in-law, sister-in-law, uncle, spouse's uncle, aunt, spouse's aunt, nephew, spouse's nephew, niece, spouse's niece, great uncle, spouse's great uncle, great aunt, spouse's great aunt, first cousin, spouse's first cousin.

4.21.4   Additional Time Off. If additional time off is necessary due to the death of a family member, arrangements may be made to permit the employee to use Vacation Leave/ET or take time off without pay.

4.21.5   Documentation supporting the use of Bereavement Leave may be requested by the immediate supervisor or Human Resources.

5.   Benefits Available to Adjunct Faculty and Staff. Adjunct employees are eligible to enroll in the benefit plans outlined below.

5.1   USNH's 403(b) and 457(b) Retirement Plans (Adjunct). Adjunct employees may make contributions to one or both of USNH's defined contribution plans on a tax-deferred basis through payroll deductions. There is no employer contribution.

5.2   Medical Insurance Coverage. Under the Affordable Care Act (ACA), adjunct employees, except work study students, who work an average of 30 or more hours per week per year are eligible to enroll in the adjunct medical plan.  The USNH adjunct medical option is a cost-shared high deductible health plan. 

5.2.1   Eligibility.  Those adjuncts hired for 30 or more hours per week for a continuous period of three months or more are eligible for immediate enrollment with coverage beginning the month following enrollment. For other adjuncts, coverage is determined through a measurement period which is used to evaluate how many hours employees worked in a given time period as defined by the ACA.  For USNH, those who worked an average of 30 hours or more per week from mid-October of one calendar year through mid-October of the following calendar year are eligible to enroll in the fall of that calendar year for medical coverage which would take effect the first day of the next calendar year.

5.2.2   Enrollment.  USNH HR will notify eligible employees regarding enrollment details following the measurement period.  Campus HR are responsible for notifying eligible employees regarding enrollment status throughout the year.

6.   Benefits Following Termination.

6.1   Last Day of Benefits Coverage. At termination, the last day of active service is considered the benefits termination date (with the exception of Medical, Dental and Vision coverage which continue through the end of the month of the termination) . Active service is exclusive of any type of paid or unpaid leave (including Sick Leave, Vacation Leave, or ET) as well as non-work periods for flex-year employees and academic year faculty, unless the employee will be a USNH Retiree (as defined in USY V.C.9.1.1) in which up 10 days of accrued ET/Vacation days may be used to extend employment from the last day of active service to the effective date of retirement.

6.1.1   Academic Year Faculty. The last day of Medical and Dental benefits coverage for academic year faculty may be extended up to the start of the next official USNH institution’s academic year, in circumstances when the faculty member performs service to the institution outside the established academic year dates. This service may be paid adjunct work, or may be unpaid work associated with completion of teaching or research responsibilities. This extension is normally recommended by the Dean or Institute Director with final approval by the institution's Provost's Office and written notification to the USNH Benefits Office 30 days prior to the end of the academic year. Unless the faculty member is eligible for Medicare, this extension is done through COBRA and provides the approved continued coverage at the employee rate.

6.2   Medical and Dental Benefit Continuation. The Consolidated Omnibus Benefits Reconciliation Act (COBRA) is the federal law that provides employees who lose their Medical and/or Dental coverage the opportunity to purchase that coverage.

6.2.1   Eligibility. All employees covered by USNH's Medical and/or Dental plan are entitled to elect to remain covered by the plan(s) at their own expense and without proof of good health after coverage would otherwise terminate. Note: Medicare eligibility will affect eligibility for COBRA.

6.2.2   Description. Coverage may be continued for up to 18 months following a qualifying event such as voluntary or involuntary loss of employment and for up to 36 months following death, divorce or legal separation from a covered employee. Coverage may also be continued for a dependent child no longer eligible under the terms of the plan(s).

6.2.3   Employee's Responsibility. In order to continue coverage, the employee must notify USNH, or its designee, as soon as possible, but in no case may it be later than 60 days from the date of the qualifying event. Specific details regarding COBRA's terms and conditions are outlined in the medical and dental plan descriptions.

6.2.4   Survivors of Deceased Employees. If enrolled under the employee's plans, the spouse and dependent children of a deceased employee will be provided with continuation of USNH's contribution to the Medical and Dental plan for up to six months from the date of death. After the six months have expired, the surviving spouse and dependent children will be offered the opportunity to continue coverage through COBRA at the standard rates.

6.3   Flexible Spending Accounts (FSA). The deadline to incur FSA expenses is the last day of employment, and the deadline to submit claims is 90 days from the termination date.

6.4   Tuition Benefit. An employee who terminates during a semester, in which the educational benefit is being used, shall be responsible for a pro-rated portion of the benefit provided to the employee, spouse and/or dependent children. See USY V.A.6.1 and USY V.F.10.4.12.

6.5   Life Insurance. An employee may convert USNH’s Group Life Insurance to an Individual Life Insurance policy within 31 days of termination. The conversion notice and request form will be furnished by the life insurance vendor.

6.6   Unemployment Compensation Benefits.

6.6.1   Definition. Unemployment Compensation is administered by the State of New Hampshire and provides partial income replacement to employees who lose their jobs through no fault of their own.

6.6.2   Contributions. USNH assumes the cost of the Workers' Compensation insurance.

6.6.3   Eligibility. This benefit applies to all employees who receive wages from USNH. It does not apply to student workers.

7.   Benefits Following Retirement.

7.1   Normal Retirement Age. The USNH considers age 65 as the "normal retirement age" in accordance with the retention of this age by the Social Security Administration as the age for retirement. Its only purpose is to provide a reference point for employees in their retirement considerations. USNH employees may be considered to be "retirees" as defined in employment policy (USY V.C.9.2). In addition any police officer who retires at age 45 or older with 20 years of service as a full-time certified law enforcement officer or at age 60 or older with three years of such service will be considered a "retiree."

7.2   Social Security.

7.2.1   Full benefits under the federal Social Security Program vary based on one's year of birth, but may begin on a reduced basis as early as age 62. Medicare eligibility remains at age 65.

7.2.2   Eligibility.  Employees should contact the Social Security Office at least two to three months prior to retirement to discuss benefits and make arrangements to receive them.

7.3   Income from USNH 403(b) and 457(b) Retirement Accounts. An employee must contact the vendor(s) to discuss options for retirement account fund distribution.

7.3.1   Retirement Income from USNH Sponsored Retirement Plans. Retirement income benefits are subject to IRS regulations. Benefits may begin any time after the employee fully retires or terminates  employment or as described in USY V.C.9.

7.3.2   Income from Operating Staff Retirement Plan (frozen). USNH maintains a defined benefit plan called the Operating Staff Retirement Plan for those employees who joined the plan prior to January 1, 1987.

7.3.3   Retirees with Additional Retiree Contribution Guarantee.

7.3.3.1   Eligibility. In 1994 status employees hired prior to 6/30/1994 had an opportunity to choose an Additional 1% Retirement Contribution (ARC) or the Medicare Complementary Plan (MCP). Those who chose no retiree medical coverage (MCP) had a guarantee of a minimum of $10,000 in their ARC account at retirement. Campus Human Resources has information concerning the individual application of this ARC guarantee.

7.4   Medical Coverage for Retirees Age 62 through age 65 and for Full-time Certified Police Officers.

7.4.1   All employees who meet the qualifications of a USNH Retiree (see USY V.C.9.2) and are enrolled in a USNH Medical Plan prior to retirement and retire, may continue coverage per USNH guidelines until they are eligible for Medicare coverage at age 65.

7.4.2   In order to maintain medical coverage per USNH guidelines retiring employees will pay the same premium contributions as active employees up to a maximum period of three years.

7.4.2.1   Coverage for Spouse and/or Dependents. Employees must be covering a spouse and/or dependents under their USNH Medical Plan at retirement in order for the spouse and/or dependents to be eligible for continued coverage. Coverage for family members ends on the same date as coverage for the employee ends. (See USY V.A.7.5 and USY V.A.7.6 below.)

7.4.3   USNH police officers may be eligible for medical coverage between the ages of 45 and 62 as defined and approved by the BOT. Officers retiring at age 62 or after will be eligible to select the same medical plan, coverage and contributions as all other employees retiring at age 62 or later, as per their collective bargaining agreement.

7.5   Medical Coverage for Retirees Over Age 65 with the Additional Retiree Contribution (ARC). The ARC contribution was implemented to provide funds for retirees to purchase a medical plan to supplement Medicare, which generally takes effect the first of the month in which a Retiree attains age 65. There is no option for USNH medical coverage for employees under ARC, except for those subject to COBRA provisions.

7.5.1   Coverage for family members ends on the same date as coverage for an employee ends.

7.6   Medical Coverage for Retirees Over Age 65 with the Medicare Complementary Plan.

7.6.1   Eligibility. In 1994 status employees hired prior to 6/30/1994 had the opportunity to choose an Additional 1% Retirement Contribution (ARC) or the Medicare Complementary Plan (MCP). Only those who selected the MCP at that time are eligible for the plan at retirement. In order to meet the USNH definition of a Retiree, an employee began accumulating years of service toward this benefit starting at age 52. Employees must meet all of the criteria of a Retiree as defined in USY V.C.9.2 and be an active participant in a USNH Medical Plan prior to retirement.

7.6.2   Spouse and/or Dependent Coverage. Employees must be covering a spouse and/or dependents under their Medical Plan at retirement in order for them to be eligible for continued coverage.

7.6.2.1   If a spouse is age 65 or older, they will be transitioned to the USNH MCP.

7.6.2.2   If the spouse and/or dependents of retirees are less than age 65 and are eligible for coverage after an employee reaches age 65, the employee will pay the same premium as active employees for a maximum of three years after the employee's retirement date. Following the three years, the employee will contribute 50% of the total cost of the coverage.

7.6.2.3   In the event the Retiree dies, the spouse may continue in the MCP for the rest of their life or until remarriage.

7.6.2.4   If the employee who chose the MCP is over age 52 and has at least 10 years of service and dies either while on active service or while on an approved Early Retirement Plan, Long-Term Disability, or chronic Workers’ Compensation, their spouse, and/or disabled dependent is still eligible for the MCP at age 65, unless made ineligible by remarriage.

7.6.2.5   In the event a spouse of a Retiree covered by the MCP dies, the Retiree is not permitted to add a new spouse to the plan.

8.   Benefits Following End of Service Due to Disability.

8.1   Long-Term Disability Insurance.  This insurance provides monthly disability income benefits to an approved employee (see USY.V.8.1.2) who is unable to work for more than six months due to an illness or injury.

8.1.1   Eligibility. All status employees who enroll in the Long-Term Disability plan are eligible to apply for the benefit (see USY V.A.4.3). An individual may not receive Long-Term Disability income concurrently with income from a USNH Retirement Plan, Separation Incentive Plan or a USNH Early Retirement Plan.

8.1.2   Description. If an employee is approved for Long-Term Disability, the plan provides income, as described in the flexible benefit plan choices and coordinated with Social Security and Workers' Compensation payments as applicable, and continues certain benefits as outlined in USY V.A.8.1.4. An employee who is unable to work their regular schedule for an extended period (more than six months) due to an illness or injury may apply through USNH Human Resources to the disability insurance carrier for the benefit. The carrier makes the determination whether medical documentation supports an individual's inability to work, based on the plan's provisions.

8.1.2.1   Waiting period. There is a six-month waiting period from the onset of a disabling illness or injury that requires the individual's absence from work until the beginning of Long-Term Disability income. After a three-month absence from work, an employee must apply to USNH Human Resources for the Long-Term Disability benefit. During the waiting period, salary continuance is dependent on applicable leave policies. (See Earned Time/Sick Pool, USY V.A.4.9; Sick Leave, USY V.A.4.11; Interim Disability Leave, USY V.A.4.12).

8.1.3   Position Status. An employee's position is held for a time period not to exceed the six-month waiting period, except in cases of Workers' Compensation. When an employee is placed on Long-Term Disability, the individual's position is no longer held. While employment is terminated, certain benefits may continue as outlined below.

8.1.4   Continuation of Benefits. According to the schedule below, USNH will continue its contributions toward the employee's Medical, Dental and Group Life Insurance plans (subject to vendor approval) and continue Tuition Benefits for the spouse and/or eligible children; however, the Tuition Benefit will not continue for the employee's personal use. (Note: Campus Human Resources has the continuation of benefits schedule applicable to individuals employed in status positions prior to 9/1/2002.)

8.1.4.1   Schedule.

Years of Service Continuation Period for Benefits
 
Less than 5 Applicable COBRA provisions (18 months; 29 months if determined to be disabled under Title II or XVI of the Social Security Act)
5 up to 10 1 year, or until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age whichever comes first
10 up to 20 5 years, or until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age whichever comes first
20 up to 25 10 years, or until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age whichever comes first
25+ Continuation until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age, whichever comes first

8.1.4.1.1   If eligible the disability plan may contribute both the employer and employee contributions toward the regular retirement in which the former employee is enrolled. 

Note: All continuation periods of coverage for medical and/or dental run concurrently with COBRA provisions. Employees with less than five years of service are required to pay the full COBRA rate for continued coverage. Employees with five or more years of service are required to pay contributions at the same level as active employees and such contributions are subject to change.

8.1.4.2   If the individual meets the requirements for a USNH Retiree, they receive either retiree MCP coverage through USNH or ARC (see USY V.A.6.2).

8.1.5   Reinstatement. If an employee is able to work following a period of Long-Term Disability, the individual may apply for positions within USNH; and if re-hired, the individual shall receive credit for prior years of service as referenced in USY V.C.11.

8.1.6   End of Disability Payments. When Long-Term Disability income ends, the former employee may elect to receive income according to their retirement plan.

8.1.6.1   If the individual has reached at least age 62, they may be considered a USNH Retiree, if eligible, as defined in USY V.C.9.

8.2   Workers' Compensation while Disabled.

8.2.1   Continuation of Benefits. A status employee will be eligible to continue applicable coverage under the USNH benefits program after 18 months of a qualified disability absence according to the schedule below. (Note: Campus Human Resources Office has the continuation of benefits schedule applicable to individuals employed in status positions prior to 9/1/2002.)

8.2.1.1   Schedule.

Years of Service

Continuation Period for Benefits
 

Less than 5 Applicable COBRA provisions (18 months; 29 months if determined to be disabled under Title II or XVI of the Social Security Act)
5 up to 10 1 year, or until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age whichever comes first
10 up to 20 5 years, or until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age whichever comes first
20 up to 25 10 years, or until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age whichever comes first
25+ Continuation until no longer disabled, no longer eligible for Long-Term Disability or reaches retirement age, whichever comes first

Note: All continuation periods of coverage for medical and/or dental run concurrently with COBRA provisions. Employees with less than five years of service are required to pay the full COBRA rate for continued coverage. Employees with five or more years of service are required to pay contributions at the same level as active employees and are subject to change.

B. Affirmative Action

1. Definition Affirmative Action is a federal initiative introduced in the 1960’s that requires an active effort to eliminate discrimination, and to establish fair access and promote equal employment and/or educational opportunities of members of minority groups, women, and other  underrepresented persons. (See USY V.C for the non-discrimination policy.)

2. Authority

2.1 The Board of Trustees authorizes the Chancellor, in consultation with the Administrative Board, to
establish affirmative action policies and an affirmative action plan that comply with State and Federal legislation.

3Affirmative Action Officers

3.1   Each component institution shall designate an individual(s) who will be responsible for organizing its affirmative action program. Responsibilities include grievance resolution, training and professional development to improve the USNH's affirmative action climate.

4. Affirmative Action Plan

4.1 The purpose of affirmative action plan is to create a workforce that is an accurate reflection of the demographics of the qualified available workforce in the relevant job market and includes additional efforts to recruit, hire and promote qualified women, minorities and individuals with disabilities.  An affirmative action plan covering the University System and each of its component institutions is adopted each year by the Administrative Board and posted on the USNH website.

4.1.1   Specific responsibilities are described in the employment and compensation sections. (Reference USY V.C and USY V.F)

C. Employment

1.   Authority.

1.1   The Board of Trustees (BOT) authorizes 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.

1.1.1   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 Chief Executive Officers, Chief Academic Officers and the highest ranking financial or administrative officer.

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

2.   Equal Employment Opportunity/Affirmative Action.

2.1   In accordance with BOT.V.B.1 and USY V.B USNH shall act affirmatively in the recruitment, selection, and hiring of employees.

2.2   As required by the BOT Bylaw Article VI, USNH shall not discriminate in recruitment, selection and employment against any employee on the basis of sex, race, color, religion, age, national origin, sexual orientation, gender identity or expression, physical or mental disability, marital status, veteran’s status, political orientation and/or activity as long as any such status or activity is lawful.

2.3   In compliance with the Genetic Information Nondiscrimination Act (GINA), 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.

2.4   Communication-Internal/External. The component institutions shall be responsible for communicating and implementing USNH's commitment to non-discrimination.

3.   Recruitment and Selection.

3.1  Institutional Compliance Officer. The Chief Human Resources Officer or designee, in conjunction with the Affirmative Action Officer, shall be involved in the recruitment and selection process as listed below.

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 the job description 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. 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 USNH classification process established in USY V.F. Compensation.

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

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. Each USNH institution will post position vacancies. 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. Lecturers 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, veterans, and those with disabilities. A minimum of 10 days after the first external advertisement appears is required before selection takes place.

3.3.2   Executive Officers, Academic Administrator (AA), Extension Educator (EE), and Exempt Salaried and Non-Exempt Hourly Positions.

3.3.2.1   Content of Advertising. All advertising for exempt and non-exempt positions shall include in the external advertisement the classification title and/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 information is optional, to be determined by institutional policy or practice. Internal advertisements must include the classification title and pay grade assignment.  Any provision for including faculty rank or tenure as part of an executive officer or academic administrator advertisement must have prior approval of the Administrative Board.

3.3.2.2   Breadth of Advertising. Each USNH institution will post position vacancies. The breadth will vary by profession and type of recruiting market and will be determined by the institution’s Human Resources in conjunction with the recruiting department.

3.3.2.2.1   Internal applicants. Internal applicants include: (1) active status employees who have typically completed the introductory period and (2) adjunct employees who have been employed within USNH for at least 12 months in total and who have worked at least 1,000 hours during the 12-month period preceding application for the position. Student employment does not count toward internal applicant eligibility.

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, veterans, 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.

3.4   Selection.

3.4.1   Search Committee. Institutional policy or practice will determine use and responsibilities of Search committees. Search 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 applicant 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 USY V.C.3.2.

3.4.2.2   Interviewing 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, ethnicity, religion, marital status, gender identity or expression, disability, military discharge or criminal arrest
  • 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, race, ethnicity, disability and veteran status of all finalists shall be collected and maintained. Reasons for hire and rejection shall be maintained for all women, minority, veterans, and disabled candidates when such candidates are identified.

3.4.3.2   USNH 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. 

3.5   Exceptions to normal recruitment and selection procedures and policies. There are 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. Institutional 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 institutional Affirmative Action Plan: Adjunct faculty appointments, Adjunct employee appointments, Interim appointments, Acting appointments, Volunteers or unpaid positions, 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.9.4
  • Grant-funded positions as described in USY V.C.3.5.3.4 or
  • Former employees currently on Long-Term Disability or Workers’ Compensation as described in USY V.A.8.1 and 8.2.

3.5.3   Individual exceptions. The institution’s Chief Human Resources Officer may make exceptions to advertising requirements with the concurrence of the Affirmative Action (AA) Office, or if there is no separate AA office, with concurrence of the USNH Chief Human Resources Officer. 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 employees 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 employees 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 employees 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 USNH 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 employees who transfer from other institutions or who are hired under the above listed circumstances will be classified and paid in accordance within normal USNH 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 USNH apply to grant-funded employees, 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 USNH supported position.

4.   Placement.

4.1   Verification of Right to Work. In accordance with the Immigration Reform and Control Act, each USNH 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 Human Resources, a temporary identification number may be used.

4.1.2   Each institution will identify a process for reporting the status of any employee with a pending Social Security number application to Human Resources 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. Offers of employment are contingent upon completion of the background check.

4.2.1   Purpose - 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. 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 are required for all new hires in status positions and full-time adjuncts, full-time volunteers, current employees who are changing jobs if the job requires a higher level of review. Background reviews are required of part-time adjuncts and volunteers, unless an exception is made by the institution’s Human Resources. No exceptions may be made for adjuncts and volunteers in the following categories:

  • Working or volunteering in youth skills camps
  • Handling financial, student, or personnel data or information
  • Handling confidential or sensitive data or information
  • Handling cash, checks, and/or credit card transactions
  • Providing services to anyone under age 18
  • Possessing keys/codes or other means of entry to living or working spaces
  • Working with hazardous materials

4.2.2.1   Upon receipt of a completed and signed authorization from the finalist/new hire, Human Resources will initiate the appropriate background review, based on the requirements of the position. Refusal on the part of a finalist/new hire to authorize the review will make the individual ineligible for employment or volunteer services.

4.2.2.2   Levels of Background Review. The level and content of review will be determined by Human Resources and will be based on the duties and qualifications of the job being filled. A standard background review 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   Anyone hired to work or volunteer in youth skills camps must have a criminal background review each year, as outlined in the administrative rules for NH RSA 485-A, Env-Wq 909.05:24, including a background check in NH and each state of residency since age 18 and a check of the national sex offender public registry.

4.2.2.3   If USNH has performed any of the above verification or history checks on an individual within the past year or their break in service is less than 120 days, 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.

4.2.2.3.1   Exception. Those hired to work or volunteer in a youth skills camp shall be required to undergo a background review each year.

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

4.2.3.1   Criminal convictions. Finalists/new hires 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, and domestic violence).

4.2.3.2   Other Convictions. The existence of other convictions does not automatically disqualify a finalist/new hire from employment.

4.2.3.2.1   If the criminal history check reveals convictions which the finalist/new hire disclosed on the employment application, Human Resources will review the report, including any additional information the finalist/new hire provides, before making a determination regarding employment. 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 finalist/new hire may not be hired, unless they demonstrate 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. Human Resources will maintain records or other information generated by background reviews in confidential files. 

4.3   Starting Salary for 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 Human Resources.

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 the BOT, Administrative Board, and institution, unless specifically written to the contrary.

4.4.1   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 or hourly rate, and pay distribution information
  • Classified and/or operational job title
  • A statement that employment is subject to policy and where appropriate to labor contract agreements

4.4.2   Letters of appointment for Executive Officers shall include the information described in USY V.C.4.4.1. 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 BOT and USNH General Counsel before being issued.

4.5   Accommodations. The institutions shall appoint a representative responsible for The Americans with Disabilities Act (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, 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   Each institution provides an employee orientation program. Information to be disseminated and delegation of other offices responsible for portions of orientation shall be determined by Human Resources.

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 policy, regardless of funding source, unless otherwise covered by a Collective Bargaining Agreement (CBA).

6.2   Definitions of parameters important to each employment relationship.

6.2.1   Authority to Hire and Fire. All appointments are made by the Chief Executive Officer or their delegated authority.

6.2.1.1   Exceptions.

6.2.1.1.1   Executive Officers.  The Chief Executive Officers (CEOs), the Chief Academic Officers (CAOs), and the highest ranking financial or administrative officer at each of the institutions are appointed by action of the Board of Trustees (BOT).

6.2.1.1.2   Any Academic Administrator or other administrative appointment that includes the granting of tenure to a faculty position requires BOT approval.

6.2.1.1.3   BOT review and approval is required for initial faculty appointments that include tenure and for actions granting faculty tenure and promotions above the rank of Assistant Professor. No such appointment can be effective until favorable action is taken by the BOT.

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 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 institutional policies or CBAs.

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 BOT policy and other employment policies, including access to grievance procedures, unless they are otherwise covered by a CBA.

6.2.4.2   Adjunct appointments are temporary in nature, and/or less than 75% time, and exist primarily to allow USNH to meet emergency labor needs and offer no assurance, promise or intent of continuous employment; individuals hired in these appointments have no rights to formal grievance procedures and limited benefits as defined in policy.

6.2.4.3   With appropriate approvals and in accordance with other conditions (see USY V.F.7), status employees may accept adjunct appointments in addition to their status appointments.  Each USNH institution shall establish reasonable limits on additional appointments for status employees and shall monitor such appointments to ensure compliance.

6.2.5   Duration and Commitment. Appointments are based on a Fiscal Year, which is 12 consecutive months, beginning each July 1 and ending the following June 30; or on an Academic Year of approximately nine months, with the exact dates being determined every year by each campus. 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   Involuntary Percent-Time Reduction in Exempt and Non-Exempt Employee Appointments. In cases of involuntary, percent-time reduction in employee appointments, adequate notice of such reduction, in writing, will be given to the employee affected. The notice period will be at least 60 calendar days for employees when the percent-time reduction amounts to more than 10%, or when the reduction affects the employee's status, i.e., reduction to below 75%.

6.2.5.2   Appointment percentage for adjunct appointments. Adjunct appointments are generally non-exempt hourly, with a percentage based on the number of hours worked per week, based on a 40-hour work week.  Salaried adjunct appointments are based on the number of full days worked per week, based on a five-day work week. Adjunct faculty appointments are based on the number of courses taught each semester.

6.2.5.3   Term Appointments. Employee appointments may be established as a term appointment with a minimum duration of one year and normal maximum duration of three years. In situations requiring budgetary review and justification it may be possible for the term appointment to extend up to a total of five years.

6.2.5.4   Transitional Appointments. Under certain circumstances, status employees may assume transitional appointments.

6.2.5.4.1   Temporary upgrade. The appointment of an employee to a higher classification. Such appointment normally includes an increase to the employee’s pay rate. If the appointment is for a period of six months or more, the higher rate becomes benefits-eligible.

6.2.5.4.2   Acting Appointment. An Acting Appointment is made at the initiation of the institution and is one in which the employee retains a significant proportion of their 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 employee retains their 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).

6.2.5.4.3   Apprentice. When a new or current status non-exempt hourly employee 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. Human Resources, 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 Human Resources, develops an apprentice program for the employee 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, they will be deemed to have received a promotion to the journey-level position.

6.2.5.4.4   Conditional Appointment. When a new employee or current status employee does not meet the minimum qualifications of a position classification, a conditional appointment may be considered. Such appointments are limited to classifications requiring specific educational or experience requirements. A development plan is designed by Human Resources, the hiring department, and the employee. 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 employee’s employment file and periodically reviewed. The conditional appointment may take up to two years  (see USY V.C.8.1)  Although employees in introductory periods are normally not eligible for the tuition benefit (see USY V.A.4.7.2.2), employees in conditional appointments will have access to the tuition benefit for themselves if use of the tuition benefit is part of their development plan.

6.2.5.4.5   Interim Appointment. An Interim Appointment is a temporary appointment to a position for six (6) months or more and made at the initiation of the institution. If an employee is appointed, they do not retain a significant proportion of their duties and responsibilities in the status position they 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 individual appointed is not a current USNH employee at the 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 employee, eligibility for all other benefits is derived from the employee’s original position.

6.3   Types of Employment Relationships.

6.3.1   Non-exempt Hourly. Status appointments that include administrative, 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 institution 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   Benefits and Policy Eligibility. Status non-exempt appointments are eligible for USNH benefits (see USY V.A.2) consistent with BOT policy and for other employment policies, including access to grievance procedures. Percent-time status appointments allow for participation in benefits programs according to the percentage of the appointment.

6.3.1.2   Additional Appointments. Non-Exempt employees 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.

6.3.1.3   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.

6.3.2   Adjunct hourly (non-exempt) 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, part-time and temporary.

6.3.2.1   Duration and Commitment. Adjunct appointments are appointed on an as-needed basis with the percentage calculated on the number of hours scheduled to work per week against a 40-hour work week. They offer no assurance, promise, or intent of continuous employment.

6.3.2.1.1   Casual appointments may be reappointed each fiscal year without limit as long as no year exceeds a total of 200 hours.

6.3.2.1.2   Part-time appointments are less than 30 hours per week and can be renewed with no limit at the discretion of the hiring department.

6.3.2.1.3   Temporary appointments are 30 or more hours per week and may be renewed for up to 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.

6.3.2.1.3.1   Exception. Working in conjunction with Human Resources, the CEO or their designee may extend a full-time temporary appointment for up to a maximum total appointment of five fiscal 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. All College Work Study appointments must be approved by the campus’s financial aid department.

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

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

6.3.3.3   Types of Student Appointments.

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

6.3.3.3.2   College Work-Study. Student employees whose compensation comes partially from federal funding sources administered by the campus’ 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. Graduate appointments require the recommendation of the appropriate department and approval of the appointment by the Graduate School.

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

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

6.3.4.3   Types of Graduate Appointments. Graduate appointments are assigned to teaching, research or other areas as needed. Appointments are made for one academic year, but may be renewable.

6.3.5   Exempt Employees (Non-Faculty). Exempt employees 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 engineers. 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 grade.

6.3.5.1   Benefits and Policy Eligibility. Status Exempt appointments are eligible for USNH benefits (see USY V.A.2) consistent with BOT policy and for other employment policies, including access to grievance procedures. Percent-time status appointments allow for participation in the benefits program according to the percentage.

6.3.5.2   Additional Appointments. Exempt employees 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.

6.3.5.3   Duration and Commitment. The status appointment percentage is determined by the number of days of the appointment per fiscal year and is based on a full-time appointment.

6.3.6   Adjunct Exempt Salary Employees (Non-Faculty) appointments. These are salaried, adjunct appointments that are exempt under the Fair Labor Standards Act. There are two types of adjunct salaried staff: part-time and temporary.

6.3.6.1   Benefits and Policy Eligibility. Adjunct appointments have limited benefits other than those required by law (see USY V.A.3). Appointments of 50% 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. Those who work 30 hours or more per week may be eligible for medical coverage under the Affordable Care Act (see USY.V.A.5.2).

6.3.6.2   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.

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

6.3.6.2.2   Temporary appointments must be made for at least one fiscal year and must be at least 75% time (195 full-time days) and can be renewed 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.

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

6.3.7   Executive Officers (EO) with the exception of Chief Executive Officers (CEOs), the Chief Academic Officers (CAOs), and the highest ranking financial or administrative officer at each of the institutions. Executive Officers are status appointments to key administrative positions that have the highest level and broadest scope of authority and responsibility, including System-wide impact, within a USNH institution or the System Office, other than the CEO. These are salaried appointments and exempt under the Fair Labor Standards Act.

6.3.7.1   Benefits and Policy Eligibility. Executive Officer appointments provide USNH benefits consistent with BOT policy (see USY V.A.2 and other employment policies). Percent-time status appointments allow for participation in the benefits program according to the percentage.

6.3.7.2   Duration and Commitment. Executive Officers are appointed with the expectation of continuing employment.

6.3.8   Academic Administrators (AA).  Academic Administrators are 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 USNH. Many, but not all AA appointments include a faculty appointment within a particular department or discipline. AA appointments with tenure are authorized by the Executive Committee of the BOT. These are salaried appointments and exempt under the Fair Labor Standards Act. AA are appointed on a fiscal year basis.

6.3.8.1   Benefits and Policy Eligibility. AA appointments are eligible for USNH benefits (see USY V.A) consistent with BOT policy and for other employment policies, including access to grievance procedures. Percent-time status appointments allow for participation in the benefits program according to the percentage.

6.3.8.2   Duration and Commitment. AA are exempt for purposes of salary policy and are appointed on a fiscal-year employment basis.

6.3.9   Extension Educators (EE). Extension Educators are status, professional staff of the USNH Cooperative Extension. EE employees are located at UNH 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 EE or Extension Faculty ranks.

6.3.9.1   Authority to Hire and Fire. The BOT delegates EE appointments and appointment actions to the Chief Executive Officer or their delegated authority.

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

6.3.9.2   Benefits and Policy Eligibility. Status EE appointments are eligible for USNH benefits (see USY V.A.2) consistent with BOT policy and for other employment policies, including access to grievance procedures. Percent-time status appointments allow for participation in the benefits program according to the percentage.

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 EE 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 EE rank system is designed for all professional employees 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 EE rank classifications to identify those individuals who are county EE, are located in each of the ten counties, and have administrative responsibilities. Such individuals have the suffix "County Coordinator" after their EE rank, and are assigned a salary range higher than that of regular EE rank to compensate for their additional duties. Example: Associate EE/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.

6.3.10   Benefits and Policy Eligibility. Adjunct Extension appointments have limited benefits other than those required by law (see USY V.A.3). Appointments of 50% or more are eligible to contribute to a retirement fund. Those who work 30 hours or more per week may be eligible for medical coverage under the Affordable Care Act (see USY.V.A.5.2).

6.3.10.1   Duration and Commitment. Adjunct Extension 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.

6.3.10.1.1   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   Tenure Track Academic Faculty & Librarians (full-Time). Status faculty and librarians 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   Benefits and Policy Eligibility Status appointments are eligible for USNH benefits (see USY V.A.2) consistent with BOT policy and for other employment policies, including access to grievance procedures, unless they are otherwise covered by a CBA.

6.3.11.2   Duration and Commitment. Each status academic faculty and librarian appointment is either for the academic year (as defined by each institution) or the fiscal year. Faculty and librarian 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. Policy, faculty handbooks and/or CBAs may specify conditions, reviews and maximum time frame for reappointment without tenure (see USY V.C.6.3.11.4). 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 campus policy, faculty handbooks and/or CBAs.

6.3.11.3   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 USNH. 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 CEO, 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 their previous academic rank and tenure. Specific requirements for awarding of rank are included in CBAs or faculty handbooks as appropriate. Appointments to academic rank are made within the following guidelines:

6.3.11.3.1   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.

6.3.11.3.2   Assistant Professor: Shall have completed a terminal degree appropriate to their field and shall have had successful teaching or other relevant experience.

6.3.11.3.3   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.

6.3.11.3.4   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.

6.3.11.4   Faculty Tenure. This appointment is reserved for those full-time academic ranked faculty who will be subject to campus policy, guidelines and where applicable, CBAs, regarding tenure. Subject to the exception set forth in USY.V.C.6.3.11.4.1 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.

6.3.11.4.1   Exception. A campus 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:

  • Has a policy enabling such appointments.
  • The 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 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 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 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 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 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 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.

6.3.11.5   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 their status and benefits as a faculty member. Alternatively, they 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 eligible for sabbatical leave or tenure. (USY V.C.6.3.11.4).

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

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

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

6.3.12.3.1   Research Assistant Professor shall have completed formal advanced study appropriate to their field and shall have demonstrated success in carrying out externally funded research.

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

6.3.12.3.3   Research Professor shall have a background of successful research, marked by maturity and experience, that has earned them 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   Benefits and Policy Eligibility. Status appointments are eligible for USNH benefits (see USY V.A.2), consistent with BOT policy, and for other employment policies, including access to grievance procedures.

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

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

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

6.3.13.3.2   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.

6.3.13.3.3   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.

6.3.13.3.4   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 campus, 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   Benefits and Policy Eligibility. Status appointments are eligible for USNH benefits (see USY V.A.2) consistent with BOT policy and for other employment policies, including access to grievance procedures.

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

6.3.14.3   Faculty Rank. Campus policy will determine the appropriate faculty rank for part-time status faculty.

6.3.15   Lecturers. Faculty hired into non-tenure track lecturer 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   Benefits and Policy Eligibility. Status appointments are eligible for USNH benefits (see USY V.A.2) consistent with BOT policy and for employment policies, including access to grievance procedures unless covered by a CBA.

6.3.15.2   Duration and Commitment. Lecturer appointments are made for a specific period of time and are renewable, as applicable by campus policies and applicable CBAs.

6.3.15.2.1   Contract status lecturers are hired for at least one academic year.

6.3.15.2.2   Resident Artists are faculty providing practical instruction in the performing, creative, 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 CBAs.

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 academic research.

6.3.16.1   Benefits and Policy Eligibility. Adjunct appointments have limited benefits other than those required by law (see USY V.A.3). Those who work 30 hours or more per week may be eligible for medical coverage under the Affordable Care Act (see USY.V.A.5.2).

6.3.16.2   Duration and Commitment. Adjunct faculty 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 CEO of the institution or their 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. Examples of those eligible for such appointments are:

  • Directors of Athletics
  • Athletic Coach I, II, III
  • Any exempt 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 and 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 75th 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 CEO. In such cases the Administrative Board may authorize the exception after consultation with Human Resources. 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 residence hall assistants, are exempt from the FLSA and may be paid stipends for their work.

6.3.17.3   Retirement Transition. This policy describes an appointment for a status employee to transition to retirement status regardless of appointment funding source.

6.3.17.3.1   Eligibility. A status employee who has attained at least age 59½ and has ten or more years of status service within USNH may apply for a retirement transition.

6.3.17.3.2   Approval. Unless otherwise defined by institution policy, institutional approval shall mean approval of the employee’s written retirement transition plan by the appropriate departmental dean/director and Vice-President (or equivalent) for the area.

6.3.17.3.3   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 employee remains subject to USNH policies, including performance requirements and reduction-in -force policies. Campus policies may also apply.

6.3.17.3.3.1   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.

6.3.17.3.3.2   Retirement Funds. The employee may choose to begin payment from their USNH retirement income funds while continuing to be employed on a reduced basis in a status position for the period of the retirement transition.

6.3.17.3.4   Exclusions. Provisions of this policy do not apply to employees who are members of CBAs.

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/department 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 campus.

6.4.1.1   Benefits and Policy Eligibility. Appointees in this category are not remunerated by or through the USNH payroll and are not eligible for benefits, except those that USNH is legally obligated to provide.

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

6.4.2.2   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   Benefits and Policy Eligibility. Appointees in this category are not remunerated by or through the USNH payroll and are not eligible for benefits, except the tuition benefit. The Vice President/Dean of Student Affairs verifies their eligibility for the Tuition Benefit for themselves and/or spouse and dependent children under policy (see 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   Benefits and Policy Eligibility. Appointees in this category are not remunerated by or through the USNH payroll and are not eligible for benefits, except those benefits USNH is legally obligated to provide and the tuition benefit. The Vice President/Dean of Student Affairs verifies their eligibility for the Tuition Benefit for themselves and/or spouse and dependent children under policy (see USY V.A.9.1.3).

6.4.5   Volunteers. Persons in each USNH institution’s community and members of the USNH community may volunteer their service to an institution. Status and adjunct employee’s 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   Benefits and Policy Eligibility. Appointees in this category are not remunerated by or through the USNH payroll and are not eligible for 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 USNH 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   Adjunct 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 appointment basis. Retirees are not eligible for benefits except those benefits USNH is legally obligated to provide.

6.5.2   Emeritus Appointments.

6.5.2.1   All tenured members of the faculty who retire from the USNH after 10 or more years of service may be nominated for emeritus appointment to the CEO by institutional processes for emeritus appointment. As a continuing member of the University or College community, the emeritus faculty member shall have privileges as defined by campus policy. The CEO will exercise final approval of emeritus status.

6.5.2.2   Extension Educators. All Extension Educators who retire from the USNH after 10 or more years of service may be approved by the CEO of the University of New Hampshire for emeritus appointment. 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 USNH may receive an emeritus appointment by approval of the institution's CEO. Specific privileges accorded to individuals who hold such appointments will be at the discretion of the institution's CEO.

7.   Performance Review

7.1   Goal. Good employment practice embraces the concept that formal performance review 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 guidance and coaching to promote the growth of employees. USNH expects high standards of performance from employees in accordance with both institutional objectives and the statements of job responsibilities. Each institution has the responsibility to provide employment conditions which encourage professional growth and productivity.

7.2   Review Criteria. Reviews shall be based upon established goals and objectives, as well as such criteria as professional competency, initiative, and collaborative working relationships. 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   Institutional Responsibility. CEOs of each institution are responsible for establishing the course and direction of performance reviews for status employees within their organization. Procedures and guidelines shall be based on job requirements and expectations.

7.3.1   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 knowledge and skills, and meeting goals.

7.4   Responsibilities for Performance Reviews

7.4.1   Performance Review of Executive Officers. The CEO or designee conducts reviews of Executive Officers.

7.4.2   Performance Review of Faculty. The review process regarding faculty will be established by each campus. Where collective bargaining agreements exist, contract procedures will take precedence.

7.4.3   Performance Review of Staff. Employees will strive to create an environment conducive to satisfactory performance and professional development. Supervisors are responsible for scheduling and conducting written reviews and sharing them with the appropriate administrator. In cases where other supervisors assign and review an employee's work, they may also contribute to the process.

7.5   Performance Review Process. It is intended that performance review be a continuing process.

7.5.1   During the review period, meetings shall be held between the supervisor and employee to discuss the employee’s performance. These meetings give the employee and supervisor a formal opportunity to mutually assess job goals and to determine any changes that may be necessary.

7.5.2   During this process, the employee and their supervisor will strive to develop objectives and responsibilities for the year.

7.6   Timing and Frequency of Performance Reviews. Except as otherwise provided in this section, formal written reviews for employees will occur at least annually at a time determined by the institution.

7.6.1   New Hires. A performance evaluation review shall be conducted after five and one half months, and then, annually during the designated evaluation period.

7.7   Uses of Performance Review.

7.7.1   Written performance evaluations reviews shall be maintained in the official employment file as a record of the employee’s performance history.

7.7.2   Decisions concerning distribution of performance-based salary increases shall be based on performance reviews, as well as other criteria, such as ongoing dialogue and feedback and/or specific metrics and events.

7.7.3   Decisions regarding professional development and training may be made using performance review objectives and information.

7.7.4   Performance reviews provide evidence for such employment actions as promotion, transfer, probation, discipline and/or termination.

8.   Performance Related Employment Actions – Status Employees (Non-Faculty). There are specific employment 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 employees in status positions serve an introductory period of six months. The intent is to provide the time needed to do a concentrated review of the new employee's performance and to determine if the individual is able to meet 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 employee’s progress in meeting the job requirements and expectations of the position.

8.1.3   Conditions.

8.1.3.1   Introductory Period. All rights and privileges of employment as defined by USNH policy are available to employees during the introductory period with the exception of the use of the grievance procedure to appeal termination for inability to meet the requirements of the position and the tuition benefit. Employees in an introductory period are not normally eligible for promotion until the end of the introductory period.

8.1.4   Length of Introductory Period for Newly Hired.

8.1.4.1   Employees (Exempt and Non-Exempt), Academic Administrators and Executive Officers will have their performance reviewed prior to 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 Human Resources 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 review must be conducted.

8.1.4.2   Extension Educators will be given a one-year introductory period. If the employee’s performance is satisfactory at the end of the introductory period, an opportunity to continue employment is extended. No introductory period is required for Extension Educators promoted from one rank to another.

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   Unsatisfactory Employee Performance. It is the responsibility of the supervisor to identify issues resulting in unsatisfactory performance and/or unacceptable workplace behavior. Prior to the initiation of any written warning and/or other disciplinary actions, a probationary period, or termination, the supervisor must review the situation and options with Human Resources.

8.2.1   Disciplinary Actions other than Probation and Termination. 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 inform employees of unacceptable behavior or unsatisfactory job performance and actions necessary to improve performance or behavior. Oral warnings may be given as needed. Written warnings require review by Human Resources.

8.2.1.2   Reprimand. A reprimand, a written description of an unacceptable behavior or unsatisfactory job performance, is placed in the official employment 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 review, 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   Probationary Period. The probationary period is used when the introductory period has ended and an employee's performance or behavior has fallen below acceptable standards. Probation status includes a written performance improvement plan and the time allocated for improvements. The purpose of a probationary period is to provide a structured environment for constructive feedback and change.

8.2.2.1   Conditions

8.2.2.1.1   Supervisors shall consult Human Resources prior to any communication of probationary status to the employee.

8.2.2.1.2   Probationary status shall include a good faith effort to meet performance expectations. A written description of expectations and necessary corrective actions will be provided to the employee in the performance improvement plan.

8.2.2.1.3   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 situation. In accordance with USY V.C.9.8.5.5, with the approval of the institution's Chief Human Resources Officer, the probation period may run concurrently with the notice of termination.

8.2.2.1.4   Any performance reviews completed by the supervisor during the probationary period will be provided to the employee, with a copy for the official employment file.

8.2.3   Demotion. A demotion is an action which results in the involuntary change of an employee’s position to another position or by reclassification in a lower pay grade. Demotion is not recommended for any individual who has not yet completed their introductory period. For salary assignment see USY V.F.8.5.

8.2.3.1   Service Credit. Employees 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.

8.2.4   Involuntary Termination Due to Unsatisfactory Performance. An employee may be terminated based on poor performance. The supervisor has the authority to terminate employment for documented performance reasons, in consultation with Human Resources.

8.2.4.2   Employee Process

8.2.4.2.1   Notice. The supervisor and/or responsible administrator shall provide the employee with a written statement of how performance does not meet acceptable standards, including the result of the performance improvement plan if applicable. The employee will be given an opportunity to respond and provide any additional information before a decision on whether to terminate employment is made.

8.2.4.2.2   Termination. When evaluative and constructive discipline fail and performance continues to not meet acceptable standards after demonstrable effort on the part of the supervisor to resolve the problems, termination of employment will result. 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 employee indicating the reason(s) for termination and shall include the appropriate period of notice and the procedure for utilizing the grievance procedure.

8.2.4.2.2.1   Notification Period. Upon termination of employment, accrued and unused Vacation/ET will be paid within 72 hours of the termination date according to policy and such time shall not be counted as part of the terminal notice period.

8.2.4.2.2.1.1   Exempt employees not covered by a collective bargaining agreement shall receive a 90 calendar days’ notice (or salary in lieu of notice of termination due to performance.

8.2.4.2.2.1.2   Non Exempt hourly employees shall receive a fourteen (14) calendar days’ notice (or salary in lieu of notice) for termination due to performance.

8.2.4.2.2.1.3   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.8.2.2). 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.

8.2.4.2.2.2   Involuntary Termination Appeal Process. An employee not covered by a CBA (who is not in the 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 employment termination notice. An employee appealing a termination of employment 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 employee does not wish to appeal the termination.

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

8.2.5   Involuntary Termination for Destructive or Detrimental Action, such as Insubordination/Guilt in a Crime/Grievous Act.  When the employee actions are so destructive or detrimental that they cannot be tolerated, the employee may be terminated immediately without further notice. A written statement of the reasons for termination shall be provided to the employee as quickly as practicable, but the requirements of constructive discipline and the applicable notice periods shall not apply.

8.2.5.1   Serious Crime. An employee may be terminated if they admit guilt or are found guilty of a serious crime that demonstrates unfitness for continued employment within USNH.

8.2.5.2   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.

8.2.5.3   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.

8.2.5.4   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 by Human Resources pending the resolution of a criminal charge. Other employment action may be taken when appropriate, including but not limited to termination of employment.

8.2.5.5   Authority.

8.2.5.5.1   Employees not covered by a CBA may be terminated by the authority of the appropriate supervisor or administrator in conjunction with Human Resources subject to the conditions described in this policy.

8.2.5.5.2   Tenured faculty may be terminated by the institution subject to the conditions outlined in faculty CBAs.

8.2.5.6   Process.

8.2.5.6.1   Upon making a determination that one of the above actions described in USY V.C. 8.2.5.1-8.2.5.4 has occurred, a supervisor must give the employee an opportunity to provide an explanation or evidence relating to the accusations.

8.2.5.6.2   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), or in conjunction with Human Resources, terminate the employment of the employee immediately.

8.2.5.6.3   Termination of Employment. If termination of employment 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 the right to use the grievance procedure.

8.2.5.7   Notification. The normal periods of notice shall not apply and termination may occur without notice.

8.2.5.8   Payout. Any wages due for work performed will be paid within 72 hours of the termination date. Accrued Earned Time/Vacation will not be paid consistent with policy USY V.A.4.9.8 and USY V.A.4.10.6.

8.2.5.9   Grievance. An employee 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.

8.2.6   Termination of Employment Due to Failure to Return from Leave/Job Abandonment.

8.2.6.1   Failure to Return from Leave. An employee 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 of employment. The termination shall be considered voluntary.

8.2.6.2   Process. The appropriate supervisor or administrator shall provide a written statement to the employee that will include the facts of the failure to return to work and notification that the employer considers the employee to have abandoned their job. The statement will notify the employee that their employment may be terminated and specify a date and time for a meeting to discuss the matter with the supervisor.

8.2.6.2.1   The employee shall meet with the supervisor as required in the statement. Failure to do so will be considered agreement with the facts of the statement, and will be sufficient grounds for considering the employee terminated from their position for reason of job abandonment. The employment termination date will be the last day of active work or approved leave.

9.   Termination (Not Performance-Related) – Employees not covered by a CBA.

9.1   Voluntary Resignation. Employees may resign at any time during their appointment by submitting a letter of resignation to the supervisor and Human Resources. An invitation for an exit interview may be arranged by Human Resources. The purposes of this interview are to review eligibility for continuation and conversion of benefits, ensure all necessary related paperwork is completed, and 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. An employee 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   Employees 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 exempt employee shall be paid accrued and unused Vacation Leave up to a maximum of 30 days. The non-exempt employee shall be paid for all accrued and unused Earned Time. For the purpose of calculating the amount of ET payoff at termination, minimum usage will be prorated through the date of termination, and any remaining minimum usage time will be subtracted from the employee’s ET balance.

9.1.3   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 campus policy and/or CBAs.

9.1.4   Payout for voluntary resignation. Payments for all wages due will occur by the pay date for the pay period in which the final date of employment occurs or the end of the next scheduled pay period, depending on the amount of notice provided. Vacation/Earned Time payments will occur on the same pay period or the one following, depending on notification of final Vacation/Earned Time accrual.

9.2   Retirement from USNH.

9.2.1   Definition of Retiree. There are three types of retiree status. For all three types the former employee must have served in a status position for a period equal to 10 or more years of service and reached age 62 at the time of retirement or departure from USNH active service. 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.

9.2.1.1   ARC Retiree. A former employee with the Additional Retirement Contribution Plan.

9.2.1.2   Medicare Complimentary Plan Retiree. A former employee hired prior to 7/1/94 who 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). The retiree is eligible for the Medicare Complimentary Plan at age 65 as outlined in USY.V.A.7.

9.2.1.3   Extension Retiree. A former employee within 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 employees are expected to provide a minimum of 60 days written notice to their department, institution, and Human Resources indicating the date on which they plan to retire.

9.2.3   Payout for voluntary retirement. Payment for all wages due will occur by the pay date for the pay period in which the final date of employment occurs or the end of the next scheduled pay period, depending on the amount of notice provided. Vacation/Earned Time payments will not occur on the same pay period.

9.3   Employment Termination Due to Lack of Funding/Appointment Limitation. An employee’s employment 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 90 days written notice will be given, or salary in lieu of. The appropriate written notice will be considered to have been given if the following conditions apply:

9.3.1   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 employee 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.

9.3.2   Federal, State and County Funded Positions: With regard to positions supported from Extension funds (appropriations from federal, state and county sources), and where termination is based solely on the lack of funding, the 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.

9.4   Involuntary Termination Due to Reduction in Force (RIF). Whenever elimination of status positions is contemplated for reasons not including financial exigency (see USY V.C. 9.6), i.e., program curtailments, changes in educational missions or in improved technological methods of working, the institutions within USNH shall use procedures to ensure that fairness and due consideration are given to 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.

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

9.4.2   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 the following included in this policy.

9.4.2.1   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/adjunct employees, reassignment or transfer of employees (provided they are suitably qualified) to other units.

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

9.4.2.3   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 employees may dictate the withholding of some or all of the analysis.

9.4.3   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 employees;
  • Merit as determined by written performance reviews;
  • Length of active service within the institution or USNH;
  • Affirmative action goals in light of proposed reductions.

9.4.4   Options for Assistance. Institutional procedures will include consideration of at least the following options, as appropriate to individual circumstances, in the handling of an employee terminated from employment due to factors other than performance. The supervisor, the employee, and where appropriate, a representative from Human Resources 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 the institution offered them.

9.4.4.1   Referral to out-placement such as the institution career services support office or resume-writing training programs;

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

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

9.4.4.4   Assistance in developing interview skills;

9.4.4.5   Access to the library for up to six (6) months beyond date of employment termination;

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

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

9.4.5   Record-keeping. Each institution and USNH Human Resources are responsible for maintaining demographic information regarding the number of RIFs, lay-offs and other employment 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 from employment due to RIF.

9.4.6   Re-employment options. A former status employee 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 Human Resources for any vacant position for which the former employee has the minimum qualifications required for the position.  Human Resources 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 former employee will have the following options for up to six months after the date of employment termination.

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

9.5   Programmatic Displacement of Faculty. While a faculty member may be dismissed by an institution because of a bona fide financial exigency, faculty may also be displaced because of programmatic changes according to the following general principles. As applicable, CBAs establish the process for programmatic displacement of faculty rather than this policy.

9.5.1   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 BOT.

9.5.1.1   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:

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

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

9.5.1.2   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: reduced time options, early retirement, reassignment or transfer to other vacancies (including administrative positions), voluntary separation with placement support and/or other career redirections.

9.5.1.3   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 affect a transfer (or other accommodation) is with the CEO of the institution at which program changes are made.

9.5.2   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, displaced faculty will be terminated from their employment after the notification period listed above. In the event of the re-establishment within three years of a terminated program, first priority for re-employment will be given to displaced tenured faculty.

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

9.6   Employment   Termination Due to Financial Exigency. An employee may be terminated from employment by a USNH institution because of a bona fide financial exigency. A bona fide financial exigency is defined as an imminent financial crisis that threatens a USNH unit in its entirety as an educational institution and which cannot be alleviated by less drastic means. Further, 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 employees or in the policy on Programmatic Displacement of Faculty (see USY V.C.9.5).

9.6.1   Process. Before a declaration of exigency is made, the CEO of an institution will confer with the appropriate campus councils or other appropriate representative bodies, and, along with the BOT, provide opportunity to participate fully with the Board in relevant discussions pertaining to financial exigency. The BOT must make an official declaration of the existence of a financial exigency. Once the existence of a financial exigency has been declared, the CEO 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 CEO 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.

9.6.2   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 employees receive adequate notice. To that end, verbal communication regarding alternatives to RIF should take place with the employee as soon as feasible prior to a decision to terminate employment.

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 CBAs apply to them.

10.1   Description. Lay-off is the involuntary separation of an employee from their 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 an employee. The period of lay-off shall not exceed one calendar year from the date of lay-off. Affected employees shall be entitled to recall during the period of lay-off. If not recalled during the period of lay-off employment termination will occur.

10.2   Process. Human Resources approval is required in all cases of lay-off. The responsible supervisor should contact Human Resources as early as possible when considering the lay-off of employees.

10.2.1   In determining who is to be laid off, the five factors as outlined in USY V.C.9.4.3 should be of prime consideration.

10.2.2   The notice period to an employee faced with lay-off is identical to that afforded in cases of employment 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 a course. Employees will be given the opportunity to continue coverage by paying the full COBRA rate. 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, they may choose to leave the entire balance of Vacation or Earned Time intact pending recall. Vacation and Earned Time payout would occur when an employee resigns or is terminated from employment. Accrued Sick Leave/Sick Pool will be maintained during the recall period of up to one calendar year.

10.3   Unique Aspects of Lay-off Situations.

10.3.1   Employees 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 employee was hired into a status position prior to July 1, 2011, they will have Vacation and Earned Time accrual rates, retirement contributions, and longevity, if applicable, based on their original status hire date.

11.   Employment Breaks-Status Employees. An employment break occurs when a status employee's USNH employment ends, and the former employee is re-hired into a status position at a later date. Credit for prior years of USNH status service is provided, based on the length of the break in employment.

11.1   Employment Breaks of One Year or Less.

11.1.1   A status employee whose break in service from USNH is one year or less shall have their prior years of status service "bridged" for purposes of computing eligibility for retirement from USNH and years of service. A re-hired employee is not eligible for any "grandfathered" benefits, such as  Longevity,  Earned Time accrual rate for non-exempt employees rates prior to July 1, 2011, accrual of Vacation for exempt employees at two days per month, the 1% Additional Retirement Contribution (ARC), or the retiree Medical Complementary Plan (MCP). The starting rate of pay shall normally be in accordance with USY V.F.8.1.

11.1.2   Exceptions. Employees with status hire dates prior to July 1, 2011 who are either 1) rehired during a layoff 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.

11.2   Employment Breaks Greater than One Year.

11.2.1   Status Employees. For breaks of service from USNH greater than one year, credit for all prior years of status service will be given to employees after thirty-six months of employment and will be applied to computing eligibility for retirement from USNH and years of service. A re-hired employee is not eligible for any "grandfathered" benefits, such as  Longevity, Earned Time accrual rates prior to July 1, 2011, exempt accrual of Vacation 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). Human Resources should be contacted regarding applicability of "bridged" service to retirement plan provisions.

12.   Fitness For Duty. USNH is committed to providing a safe working and learning environment. As such, each employee 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 an employee reports to work and is concerned about their own fitness for duty for the day, the supervisor may require the employee to leave work for the day and seek medical attention. With the approval of Human Resources, a supervisor who has reason to believe that an  is not fit for duty, including a presence which may be unsafe for others, may, require the employee to provide a medical clearance before continuing at work. If medical documentation indicates that the employee is fit for duty except for being hazardous to others, they will continue on a leave 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 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 paid leave, comp time, or leave without pay as applicable to cover the work absence. At the manager's discretion, status employees with no paid leave and adjunct employees may be paid either for two hours or for their scheduled work time for the day they reported to work, with the expectation that the hours/day not worked would be made up at a later date.

12.1.2   Return to Work. As determined by Human Resources, an employee may be required to obtain medical clearance in order to work and have such documentation submitted to Human Resources.

12.2   Medical Evaluation. A supervisor, in consultation with Human Resources 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 employee is unable to perform the essential functions of an assigned job, several options are available. The employing department and Human Resources 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 (Vacation, Earned Time, Sick Pool, Sick Leave, Interim Disability, LTD, Workers’ 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 Handling.

12.3.1   Heavy Physical Work. All employees 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.12.2.4, termination of employment may occur if an employee is or becomes medically unable to perform the essential functions of an assigned job with or without accommodations.

12.3.2   Food Handlers. Any employee employed in jobs involving food handling, including childcare center employees, 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.   Separation Incentive Plans (SIP).

13.1   Goal. USNH institutions shall have the option to provide incentive programs to status employees to encourage voluntary separation, including retirement. The goal of these programs is to enable and encourage succession and transition planning as well as to provide flexibility and 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. The BOT has delegated to the Administrative Board the right to establish standards and conditions for component institutions to offer separation incentive programs in compliance with BOT policy and as noted below. 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.13.4 and 13.5)

13.2.1   The Chief Executive Officer of each institution has the authority to determine a SIP offering and the parameters within the conditions outlined in policy below.

13.3   Conditions.

13.3.1   Written SIP Document. Any plan offering will be in the form of a written plan document and will be announced, including eligibility requirements, to all employees who are eligible. Effective dates of the institution's plan offering must be included in the announcement; separation dates may be as much as two years into the future. Plan offerings may stipulate a limited number of participants or a limited total dollar pool.

13.3.1.1   Ineligible Employees. Those who are not in active service and have continuing income from a USNH disability program, Sick Leave, or Workers’ Compensation or have a previously agreed to employment termination or retirement date are ineligible. However, those on Workers’ Compensation may be eligible to select a separation incentive in lieu of Workers’ Compensation where legally appropriate.

13.3.1.1.1   Exception. Those on sabbatical or professional development leave during the application period may apply and request a departure date effective at some point after the expiration of their leave period.

13.3.2   Employee Eligibility. Subject to the overall approval described in USY V.C.13.5, the eligibility requirement may include:

13.3.2.1   Years of service in a status position with a minimum of five years;

13.3.2.2   Age (minimum, but not maximum);

13.3.2.3   Occupational type;

13.3.2.4   Specific department or program; or

13.3.2.5   Positions targeted as part of a documented reorganization.

13.3.3   Application. All offerings must have at least a six-week application period and require a completed application form submitted by the employee within the pre-announced time-frame and a signed, written agreement, if the employee is approved.

13.3.4   Incentive Compensation. Compensation and benefits may be designed using one or any combination of the components below, subject to the maximums described in USY V.C.13.4. Plan compensation may be paid in a lump sum payment or up to 26 pay periods per year for a maximum of five years.

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

13.3.4.2   Bonus amounts keyed to departure date and or calculated based on years of service.

13.3.4.3   Adjunct employment for a defined guaranteed period not to exceed two years following departure. Adjunct appointments may be extended through the normal campus process for adjunct appointments.

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

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

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

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

13.3.4.8   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.

13.3.4.8.1   This medical benefit 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.

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

13.4   Financial Maximums. Plan offerings are subject to a maximum cumulative value.

13.5   Legal/Human Resources Approval. The USNH General Counsel or designee and campus Chief Human Resources Officer or designee will approve plan offerings before they are announced and review compliance with policy, taxation, discrimination and related legal requirements.

14.   Employment Files.

14.1   Employment files exist as a record of an individual's employment history, achievements, and contributions within USNH.

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

14.1.2   The official employment file is maintained for three years following an individual’s employment termination, then basic employment information may be maintained in a confidential form for Human Resources use. Former employees have the same access to their employment file in the same manner as active employees.

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

14.2   Authorized Users. Human Resources officers, appropriate administrators and the employee may be users of employment files. Human Resources officers include those formally designated as such by the institution. Human Resources will decide whether and to whom any information should be released. Documents or other information may be copied with permission of Human Resources.

14.2.1   Human Resources officers and appropriate officials of the USNH may have access on an official need-to-know basis.

14.2.2   Employee. Most material within the individual's employment file is available for inspection by the individual employee. The file may not be removed from Human Resources; however, the individual may request review of their 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) HR shall not require the disclosure of: information in the employment file of a requesting employee who is the subject of an investigation at the time of their 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 employment files. A third party is defined as a person or group other than the employee, their designee, Human Resources officers, or appropriate officials of the USNH or the institution. Information in the employment 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 USNH employment unless a written release to provide additional information is provided by the employee.

14.3   Composition of Files. Documents within the employment file may include but are not limited to application materials, performance reviews, letters of commendation, compensation and benefit documents, and documentation related to disciplinary actions taken. If, upon inspection of their employment 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 their version of the information with supporting evidence. Such statement shall be subject to HR review and shall be maintained as part of the employee's employment file.

14.3.1   Unsolicited letters, comments, etc., will be made a part of the employment 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   Medical records will be kept in a separate file.

14.4   Computerized Employee Information

14.4.1   All computerized information maintained on the Human Resources Information System is confidential. Only authorized employees may access computer files containing employee information.

15.   HIPAA.

15.1   Scope of Policy. USNH complies 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. HIPAA also applies to departments or units that provide administrative functions for the designated units (e.g., General Counsel’s Office, Internal Audit). HIPAA 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 USNH to adopt appropriate administrative, technical and physical safeguards to protect the privacy of Protected Health Information (PHI), which is created or received by USNH’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 USNH 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 regulations.

15.3.5   Secure employee and patient records containing individually identifiable health information so that they are accessible only on a need-to-know basis.

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.

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 and to ensure confidential transfer of such information.

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 status employee absences that cover a period of time in excess of one pay period and normally do not extend beyond a year. A status employee may request a full or partial leave without pay from their position for medical or other personal reasons. During a leave of absence without pay, the status employee retains their position. For those leaves granted by the institution, the position is not held, and the employee must apply, at the end of the leave, for vacancies available for which they are qualified, but they are not guaranteed a position.

16.1   Personal Leave Without Pay. An employee may apply for a full or partial leave of absence without pay from their position for personal reasons. Requests for such leaves should be in writing and directed to the employee’s immediate supervisor with a copy to Human Resources.

16.1.1   Personal Leave from the institution. If a department cannot accommodate a personal leave without pay, the employee may request a leave from the institution. Generally personal leaves are not granted for more than one year and only to those employees who have completed at least one year of service in a status position.

16.2   Leave for Medical Reasons. When documentation from a health care provider supports a medical leave that qualifies under the Family Medical Leave Act and/or Workers’ Compensation, such leave must be granted by the department (see USY.V.A.17 and USY.V.A.16). An employee 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 Workers’ Compensation.

16.3   Involuntary Leave Without Pay. Under certain circumstances, a status employee may be placed on a leave without pay by their department or institution.

16.3.1   An employee 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 90-day notice period for employees. In cases where there is no work for employees, use of the lay-off policy may be appropriate (see USY V.C.10).

16.3.2   An employee may be placed on a full leave of absence without pay pending the resolution of a grievance or criminal charge (see USY V.C).

16.4   Benefit Continuation. USNH will continue its usual employer level of contribution to status employee 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 employee’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, employees on full leave will be billed for that portion of the premium. For those on partial leave, employees will be billed for any portion not able to be deducted from their paycheck. Those on full leave are normally not eligible for Tuition benefits for themself.

16.4.1   Benefit continuation for leaves greater than 120 days.

16.4.1.1   Full Leave. In cases of full leaves that are greater than 120 days, status employees 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 Workers’ Compensation (see USY V.A.16).

16.4.1.2   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 employee’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 employees 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 paycheck. 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 paycheck.

16.4.2   Accrual for Paid Leave Programs. Employees on full leaves of absence without pay do not accrue Earned Time, Sick, or Vacation/Leave. Those on partial leave will accrue Earned Time or Sick/Vacation leave benefits based on the percent-time of the reduced appointment.

16.4.2.1   Paid Leave Carry Forward. All unused Earned Time/Sick Pool and up to 45 days of Vacation and all Sick Leave will be carried forward through the period of a full leave of absence. If the employee does not return to work, any unused Vacation (up to 30 days) or Earned Time will be paid at employment termination.

16.5   Employee Notification and Return from Leave. The employee must notify their department thirty (30) days prior to the expiration of leave of their intent to return to work. Failure  of an employee to return from Leave within three days of the return date provided in the return notice return will be considered a voluntary resignation effective the last day of the leave status – unless specified by a CBA.

16.5.1   Leaves for Medical Reasons. Prior to returning to work, an employee on leave for medical reasons is required to provide medical documentation supporting their ability to perform the essential functions of their job.

16.5.2   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 institution’s Chief Executive Officer or their 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 employee will assume the cost of their benefit and the employer benefit contributions. If approved by the Chief Executive Officer or their designee, the employee’s department or institution may assume the employer's cost of benefits for the extended leave period.

16.6   Subsequent Leaves. If an employee has been on either a full or partial leave of 120 days or more or a professional development leave, they are 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 their 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. Employees 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; or
  • who were hired for a brief, nonrecurring period with no reasonable expectation of continuation for a significant period.

17.2   Extended Active Service. An employee will be granted a military leave of absence without pay by Human Resources upon a voluntary or involuntary active duty assignment in the Uniformed Services which extends beyond 30 days. The employee 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, an employee may elect to continue medical and dental plan coverage for themself and their dependents under COBRA (see USY V.A.6.2) for the period of military leave, or for 24 months from the beginning of the leave, whichever is less. The tuition benefit plan for a spouse and/or eligible dependents continues for the period of active duty.

17.2.1.1   Earned Time and Vacation leave. Employees 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 leave (up to 45 days) and Sick Leave will be carried forward through the period of leave of absence. If the employee does not return to work following military leave, any unused Vacation Leave (up to 30 days) or Earned Time will be paid to the employee.

17.2.2   Pay Differential. USNH will provide a pay differential if the employee’s USNH pay is more than their military pay. Payment will be made upon receipt of supporting information, such as a copy of military orders or the military leave and earnings statement containing the amount of military pay and allowances.

17.2.3   Reinstatement. Upon returning from active duty, an employee on active duty will be reinstated within two weeks to the position they vacated or to another position of like status when: (1) they contact Human Resources and submit a written or verbal application for re-employment; (2) provide 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) are 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 their position following release from hospitalization.

17.2.3.1   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.

17.2.3.2   Rate of Pay. The pay rate for the reinstated employee is based on their pay at the time of departure, plus any pay increases that the employee would have received if they had been continuously employed during the period of military service.

17.2.3.3   Benefits. Terminated medical plan coverage will be reinstated upon re-employment with no waiting period, except for exclusion of illnesses or injuries resulting from active duty. Upon reinstatement, the employee 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 employee 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 Vacation or Earned Time accrual, Longevity, retirement plan contributions, and FMLA eligibility.

17.2.3.4   Disability. If, as a result of active service in the armed forces, an is not physically or mentally qualified to perform their former duties, they may request and will be offered employment in a position for which they are qualified and which will provide the seniority, status, and salary consistent with the federal statute.

17.2.3.5   The re-employment rights described in this section shall apply unless the circumstances of the institution or of USNH 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 an employee by Human Resources for the purpose of reserve training or other active duty required by the individual's Uniformed Services Employment.

17.3.1   Compensation. Exempt-salary paid Employees 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 employee will not receive any USNH salary. Military leave will not count against Vacation Leave. Sick and Vacation Leave will continue to accumulate during temporary military leave.

17.3.1.1   Exception. Employees 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 employee on the basis of their military service is prohibited.

18.   Leave for First Responders. In compliance with RSA 274:66, employees 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. Employees may use accrued Earned Time or Vacation leave time to cover such absence from work. For those who are members of the National Disaster Medical System, see Military Leave (see 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 employee in order to comply with FMLA regulations.

19.1   Eligibility. To be eligible for leave under this policy an employee (status or adjunct) 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 employees for up to 12 weeks per year. A year is defined as a "rolling" 12-month period measured backward from the date an employee uses any FMLA leave. Leave may be taken: Upon the birth of an employee’s child; upon the placement of a child with the employee for adoption or foster care; when an employee is needed to care for a child, spouse, or parent who has a serious health condition; or when the employee is unable to perform the essential functions of their position because of a serious health condition. An employee 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 employee must notify their supervisor of the request for the leave and provide appropriate documentation to Human Resources (see USY V.C.19.4). Human Resources will notify the employee within 5 days if the employee meets the eligibility requirements for FMLA leave and informs them of their rights and responsibilities under the leave.

19.2.2   In order to have the leave considered FMLA, Human Resources must receive medical documentation, make the determination and notify the employee 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 employee 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 employee returned to work, or when Human Resources did not learn the reason for an employee’s leave until their 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 Human Resources to support a claim for leave for an employee’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 Human Resources and released only on a need-to-know basis. For the employee’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 employee 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 employee.

19.3.1   Intermittent Leave. If medically necessary for a serious health condition of the employee 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, 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.

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

19.3.2.1   For status exempt employees, paid leave includes use of accrued Sick Leave, Interim Disability leave if applicable, then accrued Vacation (see USY V.A.4.10).

19.3.2.2   For status non-exempt hourly employees, paid leave includes the use of accrued Earned Time and Sick Pool (see USY V.A.4.9).

19.3.3   For leaves taken to care for family members, an employee may use Family Leave for up to 10 days (see USY V.A.9.5.10 for Earned Time use and USY V.A.4.11.2.2 for vacation). Further usage will require that the employee use accrued Earned Time or Vacation days; however, the employee has the option to retain up to the equivalent of 10 Earned Time/Vacation days.

19.3.4   The mandatory use of accrued paid leave 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 paid leave.

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

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

19.4.1.1   Reinstatement. Employees must notify their immediate supervisor and Human Resources 30 days prior to the expiration of the leave of intent to return to work.

19.5   Benefits During Leave. (Applicable to employees 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 employee’s benefits for the duration of the 12-week period. For those benefits that require employee contributions, the employee will be billed for that portion of the premium if they are enrolled in the benefit.

19.5.2   Benefits eligible employees on an unpaid Family and Medical leave do not accumulate Vacation 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).

19.5.3   Failure to Return from Leave (or returns but fails to stay 30 calendar days). In the event that an employee 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 FMLA-related or for reasons beyond the employee’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 accrued  Vacation Leave or Earned Time to another employee (1) whose absence is due to their 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, that qualifies 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, their applicable paid leave time. 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 Human Resources and may include the establishment of an institutional 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 their own serious illness or that of an immediate family member that qualifies under the FMLA, and must be planning to return to work for at least 30 calendar days following the leave. The number of compassionate donation hours/days an employee may receive per 12-month period will be limited to a maximum of 20 workdays 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. Non-exempt staff may donate their Earned Time in minimal increments of 4 hours from their Earned Time accrual, and exempt employees may donate Vacation Time in minimal increments of 0.5 days from their Vacation 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 institution will determine a maximum donation per employee, not to exceed 12 days (90/96 hours) of Earned Time or Vacation Time in total per fiscal year, with the maximum pro-rated for percent-time employees. An institution 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/Sick Leave 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 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 employees 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 employee must be eligible for FMLA Leave (see USY V.C.19.1). To qualify for leave to care for a service member, the employee 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 Human Resources 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 employee.

19.7.2   In order to be considered for a FMLA Leave, the employee must notify their supervisor of the request for the leave and provide appropriate documentation, such as documentation for in loco parentis as needed, to Human Resources (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, an employee may use Family Leave for up to 10 days (see USY V.A.4.9.5.10 for Earned Time use and USY V.A.4.11.2.2 for Vacation leave use); further usage will require that the employee use accrued Earned Time or Vacation days; however, the employee 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 Human Resources. Such documentation will be maintained in a separate file in Human Resources and released only on a need-to-know basis.

19.7.6.1   Benefits During Leave. (Applicable to employees 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 employee’s benefits for the duration of the 26-week period. For those benefits that require employee contributions, the employee will be billed for that portion of the premium if the employee is on leave without pay.

19.7.6.1.2   Benefits-eligible employees on an unpaid Family and Medical leave do not accumulate Vacation 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 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, childcare, 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 Human Resources.

19.7.7.1   Benefits During Leave. (Applicable to employee’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 employee’s benefits for the duration of the 12-week period. For those benefits that require employee contributions, the employee will be billed for that portion of the premium if the employee is on leave without pay.

19.7.7.1.2   Benefits-eligible employees on an unpaid FMLA leave do not accumulate Vacation 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 Human Resources 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. An employee will be granted Jury Duty Leave with pay for the purpose of serving on a jury or as a subpoenaed witness. An employee subpoenaed for Jury or as a witness must notify their supervisor as soon as possible to allow the department to make arrangements to accommodate the absence. An employee suffers no loss of Vacation 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. Employees 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 USNH 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 an employee (status or adjunct) will be granted leave time to attend court or legal/investigative proceedings associated with the prosecution of a crime in which the employee was a victim or 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 employee’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 employee is the victim, they 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 employee may choose to access up to 10 days of Family Leave (see USY V.A.4.9.5.10 for Earned Time use and USY V.A.11.2.2 for Vacation) to cover the absences. If more time is required, the employee may use accrued Vacation Leave or Earned Time, or request Leave Without Pay 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 Arrangements. Within defined limits, USNH supports the application of flexible work arrangements for employees. This flexibility may be in the form of Flextime schedules, Flex-year positions and/or Teleworking. Each institution will establish 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. For employees who work outside the office setting they are 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 an employee’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 employees are required to be present at work.

21.1.1   Non-Exempt hourly employees. 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 workdays. A position may be scheduled for flextime hours, or an employee may discuss the possibility of a flextime schedule with their supervisor.

21.1.2   Exempt-salaried employees. Flextime schedules are typically granted for a limited time period in the summer or another specific period of time. An exempt employee may discuss the possibility of a flextime schedule with their 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. Exempt employee schedules must be for full workdays. An employee member may request a change from full-time to a flex-year schedule. The supervisor has the authority to grant or deny the employee’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 employees are required to be present at work.

21.3   Teleworking. Teleworking is an alternative work arrangement, in which employees 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 hourly employees) or days (for exempt-salaried employees) 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 or some employees for a limited time period to accommodate environmental conditions, such as flooding, snow, severe heat, etc.

21.3.1.1   Conditions. The supervisor and employee will agree upon the terms of the teleworking arrangement. No reimbursement is provided for the employee’s own computers or internet coverage. Workers' Compensation and professional liability apply. The CEO or the supervisor 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 an employee during this time period. Non-exempt employee 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. An employee 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 employee 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 employee is responsible for home computer security and maintaining confidentiality of data. No reimbursement is provided for the employee’s own computer or internet coverage. Workers' Compensation and professional liability apply. The supervisor or the employee 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 the employee during this time period. Non-exempt employees 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 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 employee. 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 employee 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 an employee requires a written mutual agreement between the supervisor and employee with an approval process as determined by the institution.

21.3.3.3   Requirements. Teleworking arrangements must comply with institutional requirements. Failure to comply with requirements will result in elimination of the teleworking arrangement.

21.3.3.3.1   Equipment. The employee 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. USNH institutions will not normally buy additional equipment to facilitate teleworking. The employee pays for the internet connection, costs of equipment operation and maintenance, and upkeep of a home workspace.

21.3.3.3.2   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 Workers’ Compensation when working in their homework space but are responsible for the correct ergonomics of their workspace. Any taxes and any legal obligations associated with working at home are the staff member's responsibility.

21.3.3.3.3   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 an employee is to do while teleworking. Written teleworking agreement should be forwarded to Human Resources.

21.3.3.3.3.1   Non-exempt-hourly employees. Due to federal requirements in the Fair Labor Standards Act (FLSA), non-exempt hourly employees 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 hourly employees will document and certify the work performed during their teleworking work hours as well as documenting hours worked. Supervisors are responsible for ensuring the employee’s work is being completed as specified in the teleworking agreement. As with other records, reports of teleworking hours are subject to audits, with or without notice.

21.3.3.3.3.2   Exempt-salaried Staff. While teleworking does not change the days of work (see USY V.C. 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. Human Resource is responsible for posting current institutional accountability methods for teleworking arrangements.

21.3.3.4  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.

22.   Cellular Phone Policy. USNH does not provide allowances or other forms of reimbursement for cell phones or other types of cellular related connectivity (E.g., cellular modems and hot spots, voice or data plans, etc.). Some exceptions to this practice have been identified are described below. Please also refer to Policy 8-005, Portable Communication and Computing Devices.

22.1   Scope. This policy covers cell phones and other wireless communication devices. The policy excludes the following: Pagers, Two-way radios, Modems, aircards, Mobile devices shared by department personnel owned by the departments, Wireless devices covered under sponsored programs/grants, and Authorized users covered by collective bargaining agreement.

22.2   Eligibility Based on Business Need. In some rare cases, USNH business needs may require the business use of an employee’s personal cell phone. In the cases where reimbursement is warranted, employees must experience a work mandated condition that results in charges over and above their standard cell phone plan. Examples of such situations might include extensive travel for USNH purposes or extended USNH mandated phone calls where no land line is available.

22.2.1   Exceptions.

22.2.1.1   Grant Funded Phones.  This policy excludes wireless devices under sponsored programs/grants. In some cases, grant compliance requirements may necessitate the procurement or reimbursement of cellular phone plans. Reimbursement for cellular phone use is permitted where it is required and funded by the respective grant.

22.2.1.2   Compliance Required Phones. In some rare cases, USNH provided phones may be required due to regulatory or contractual requirements (i.e. Campus Safety, risk management, records retention, etc.) In these situations, employees may be provided cellular phones under a USNH contract to meet various compliance requirements.

22.2.1.3   Pooled Phones. At the discretion of the VPFA office, USNH may maintain a small number of cellular phones that can be issued to personnel on a temporary basis for campus support functions. These phones will not be issued to an individual on a permanent basis and the contracts for these phones shall be maintained by USNH.

22.3   The provisions of the USNH Cellular Phone Policy still applies to identified exceptions and the VPFA office should be consulted for clarification on the allowability of these costs.

22.4   Allowances. USNH does not provide allowances for cell phones, data plans, or other forms of remote connectivity.

22.4.1   Contract provided phones (subject to VP for Finance & Administration approval)
Except as noted in section 22.2.1 of this policy, USNH will no longer provide cellular phones for employees.

22.5   Reimbursements. Employees that are required to engage in a temporary activity that results in cell phone charges above their standard monthly cell phone plan may submit the overage amounts and documentation of the charges above their standard monthly bill to their respective departments for approval and reimbursement. Employees may not use procurement cards (Pcards) for the purchasing of cellular phone plans or to pay for overage amounts directly.

22.6   Effective Date. The new Cellular Phone Policy is effective 07/01/2018. USNH will no longer provide cell phone allowances after approval of this policy, except contract provided phones or temporary reimbursement of charges as described in section 22.2.1.

23.   Reporting Allegations of Employee Sexual Harassment and Violence.

23.1   Reporting to the Chief Executive Officer. Any allegation of sexual harassment or violence by an employee of a USNH institution shall be reported to the chief executive officer of the institution as soon as the allegation is known to the institution’s Title IX compliance officer or other designated Title IX complaint intake officer.

D. Employee Relations & Safety

1.   Authority.

1.1   The Board of Trustees (BOT) authorizes the Chancellor, in consultation with the Administrative Board, to establish employee relations policies (exclusive of labor relations) that comply with state and federal legislation and that seek to maximize the effectiveness of USNH Human Resources.

1.2   University System of New Hampshire (USNH) institutions shall adopt such institutional policies as are necessary to meet the requirements of this USNH policy.

2.   Drug Free Workplace.

2.1   Goal. USNH views alcoholism and drug addiction as highly complex diseases that, once they have been diagnosed, can be addressed by appropriate treatment, and require the same consideration given to employees in cases of other illnesses. Because USNH values its employees, its only purpose in involving itself in the complex areas of alcoholism and drug addiction is to assist the employee in seeking treatment and returning to a state of effectiveness and productivity. The Employee Assistance Program (EAP) is available to assist with such illnesses. Every case is handled with the utmost confidentiality.

2.2   Commitment & Responsibilities. USNH institutions shall establish guidelines for the use of alcohol and controlled substances during work hours in conformance with the following general policy: using, possessing, or being under the influence of alcoholic beverages, amphetamine-type drugs, barbiturate-type drugs, cannabis-type drugs, Phencyclidine, Methaqualone, Benzodiazepines, cocaine-type drugs, morphine-type drugs, hallucinogenic drugs, or any controlled drugs as provided in RSA 318-B during work hours by USNH employees is prohibited.

2.2.1   The use of prescription drugs will be permitted by policy in strict accordance with the prescription of a licensed health care professional.

2.2.2   Where the use of alcohol is permitted by policy, safety considerations and concern for the image of the institution require that discretion be exercised in the use of alcoholic beverages either on or away from USNH property.

2.2.3   In situations where the use of certain types of prescription and non-prescription medication may negatively affect mental concentration or coordination (such as antihistamines or "mood altering" drugs), safety considerations may require temporary reassignment of duties and responsibilities.

2.2.4   Supervisors who have documented an employee’s deficient or deteriorating performance and believe such performance to be related to the use of alcohol or drugs must discuss options for handling the problem with HR or other official designated by the campus Chief Executive Officer. Supervisors shall not engage in diagnosis or establishing treatment plans for employees. The supervisor may meet with the employee and make a referral to the EAP (see USY V.D.5.2).

2.2.5   The decision to undertake treatment through qualified sources is the responsibility of the individual employee. The individual's employment status will in no way be affected by the decision to seek treatment. They will continue to be covered by applicable policies. If work performance continues to be deficient, a performance review will be conducted within the framework of USNH policy to allow for appropriate determination concerning the individual's future employment status. Such performance reviews will consider evidence of poor work performance, frequent absences, neglect of duties and responsibilities, drastically altered moods, physical or verbal abuse, and deterioration of working relationships.

2.3   Legal Requirements. In accordance with the Drug Free Workplace Act of 1988 (Pub. L. No. 100-690, Title V, Subtitle D) employees are prohibited from the unlawful manufacture, distribution, dispensing, possession, or use of any controlled substance in the workplace. Each USNH institution will: (a) make a good faith effort to maintain a drug free workplace, (b) conduct a biannual review of its program to determine effectiveness, (c) implement changes to the program if needed, and (d) ensure that disciplinary sanctions are enforced. Each USNH institution will take the following actions within 30 days upon notification of an employee conviction: (1) take appropriate personnel action against a convicted employee up to and including termination; (2) place a notice of the drug conviction in the employee's personnel file in accordance with normal disciplinary policy procedures; (3) require the convicted employee to utilize the services of the EAP and, (4) require the convicted employee to successfully complete an approved drug abuse assistance or rehabilitation program recommended by the EAP as a condition of continued employment.

2.3.1   USNH institutions will notify, in writing, employees working on a grant that as a condition of employment they will:

2.3.1.1   Abide by the terms of the USNH policy, and

2.3.1.2   Notify HR of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after the conviction.

2.3.2   USNH institutions will notify the granting agency within ten days after receiving notice from the employee or otherwise receiving notice of the conviction.

2.3.3   Violations. In the event that an employee is found to be acting against policy as stated above, they will be subject to appropriate action, which may include a warning, reprimand, suspension, referral to counseling or EAP, or discharge.

2.4   USNH institutions may establish an ongoing drug/alcohol free awareness that informs employees of:

2.4.1   The dangers of drug/alcohol abuse and the health risks associated with that abuse,

2.4.2   The policy of maintaining a drug/alcohol free workplace,

2.4.3   Any available drug counseling, rehabilitation program or an EAP, and

2.4.4   The penalties that may be imposed upon employees for violation of this policy.

2.5   Employee Alcohol and Controlled Substance Testing under U.S. Department of Transportation Agency Regulations Implementing the Omnibus Transportation Employee Testing Act of 1991, 49 CFR Part 40, Part 382, and Part 655 as amended.

2.5.1   Purpose. USNH institutions shall comply with all applicable regulations of agencies of the U.S. Department of Transportation as they relate to alcohol and controlled substance testing. Such testing is mandated for employees required to have a commercial driver's license and/or perform safety sensitive function as defined by 49 CFR Part 40 and Part 655 as amended. For reference see:

2.5.1.1   49 CFR § 40 - Office of the Secretary of Transportation: "Procedures for Transportation Workplace Drug and Alcohol Testing Programs".
2.5.1.2   49 CFR § 655 – Federal Transit Administration: "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations".

2.5.1.3   49 CFR § 382 – Federal Motor Carrier Safety Administration Regulations: "Controlled Substances and Alcohol Use and Testing".

2.5.2   Testing.

2.5.2.1   USNH institutions will contract with external agencies to conduct all testing as mandated by and in accordance with the federal regulations referenced in USY V.D.2.5.

2.5.3   Penalties for Violations of Regulations. USNH institutions shall impose such penalties as required by the regulations referenced in USY V.D.2.5 on employees whose test results indicate prohibited alcohol and/or controlled substance concentrations. Any disciplinary actions taken under this section shall be in conformance with USY V.C.8.

2.5.4   Compliance. USNH institutions shall appoint an officer responsible for compliance with the Omnibus Transportation Employee Testing Act of 1991 and regulations promulgated for its implementation unless the USNH institution does not employ personnel required to have a commercial driver's license. These officers shall be responsible for:

2.5.4.1   Developing policy and procedures to assure compliance;

2.5.4.2   Generating and making available materials explaining the federal regulations and the USNH policies and procedures designed to achieve compliance; and

2.5.4.3   Maintaining all records and submitting all reports as required by the regulations.

3.   Safety.

3.1   A safe and secure environment is a fundamental prerequisite for fulfilling USNH’s mission of teaching, research and public service. Every employee is a member of the USNH community and an integral participant in the mission of teaching and research. As such, each employee is expected to exhibit a high degree of professionalism and personal integrity at all times. No member of the USNH community may discriminate against any employee or student (see USY V.D.3.5) or engage in conduct that is harmful or inhibits an employee from performing job responsibilities or fully participating in the workplace. The role of prevention is to be proactive, so employees feel safe. Various components of prevention include hiring practices, interpersonal relations, safety training, and training in issues and recognition of safety, the workplace environment, workplace violence, effective policies and disciplinary procedures (see USY V.C.8.2). Employees have a right to work in safe surroundings, and the institutions of the USNH are strongly committed to providing a safe work environment. Institutional responsibilities include the following:

3.1.1   Communicate safety policy, programs and reporting structure to all employees.

3.1.2   Encourage employee awareness of safety and health risks.

3.1.3   Encourage employees to report observed hazards, violations of policy or risks of potential workplace violence or harmful work environment they observe.

3.1.4   Comply with N.H. Workers' Compensation Law, RSA 281-A.

3.1.5   Comply with N.H. Public Employee Health and Safety Regulations RSA 277.

3.2   Toxic Substances. In accordance with RSA 277-A, the Worker's Right-to-Know Act, employees have the right to know details concerning any toxic substance to which they are exposed in the workplace, and USNH has the duty to keep on file and make available material safety data sheets for each toxic substance to which its employees may be exposed. If such information is not made available within five working days from the date of request, an employee who has requested information about toxic substances may refuse to work with or in proximity to that substance. Until the information is available the employee's supervisor will assign other duties.

3.2.1   USNH institutions have the responsibility to post notices warning employees of the toxic substances to which they may be exposed and to reference the availability of material safety data sheets. RSA 277-A also requires USNH institutions to conduct education and training for all employees routinely exposed to toxic substances.

3.2.2   No employee, prospective employee, or employee representative may be disciplined or discriminated against for filing a complaint or instituting any proceedings relating to their rights under the Worker's Right-to-Know Act. Any employee who perceives that such action has been taken may use the grievance procedure (USY V.D.12) to seek redress and/or file a complaint with the NH Commission of Labor.

3.3   Occupational Accidents/Injuries/Illness.

3.3.1   Employment Related. Employees who are injured or develop an occupational related illness in the course of employment with USNH must report the incident and should be examined and/or treated by a health care facility unless immediate hospitalization is required. It is the responsibility of the employee’s department head to see that such examinations and/or treatment take place. An Employer's First Report of Injury/Illness form must be completed and filed with the proper department responsible for Workers' Compensation (see USY V.A.3.2).

3.3.1.1   USNH institutions will designate a department or individual to develop, implement and maintain policies and procedures to ensure compliance with this policy and other applicable federal and state statutes.

3.3.1.2   Reporting. Within 24 hours the department head, supervisor or campus official specifically designated to investigate the cause and extent of an accident/illness must make a written report to the office responsible for Workers' Compensation. Written statements by any witnesses are also required.

3.3.1.3   Medical Attention. Any employee consulting an outside physician or entering a hospital for treatment of a condition resulting from an injury/illness received while doing work for USNH must notify in writing the designated campus official responsible for complying with the Workers' Compensation policy. Medical evaluation information received by the employee must be provided for the purpose of determining eligibility for Workers' Compensation and the provisions of the Americans with Disability Act.

3.3.1.4   Return to Work. An employee who has been absent from work due to an injury received in the course of their work for USNH must be examined by a medical care professional and must submit a written report from such medical care professional before their return to work. USNH institutions will make reasonable accommodations in accordance with the guidelines set forth in the Americans with Disability Act, if requested.

3.4   Injuries to students, guests and visitors. Students, guests, and visitors who are injured on USNH property should seek appropriate medical attention and inform the designated official responsible for safety and/or the campus security office of an accident, illness/injury as soon as possible.

3.4.1   Reporting. A written report of the accident, illness/injury should be submitted within 24 hours to the appropriate official. The report should be completed and filed before leaving the grounds unless the illness/injury required immediate hospitalization. Also, within 24 hours the official specifically designated to investigate the cause and extent of the accident, illness/injury should make a written report. Written statements by any witnesses should also be included.

3.5   Discriminatory Harassment.

3.5.1   Intent. All employees and students have a right to learn and work in a safe environment free of discrimination and harassment, including sexual harassment. It is the policy of USNH that no member of the USNH community may sexually harass another. The intent of this policy is to foster behavior that results in a learning and working environment free of discrimination and harassment.

3.5.2   Definition of discriminatory harassment. (See USY V.D.5.3 for specific sexual harassment definitions.) In accordance with applicable USNH policy, State and Federal regulations, discriminatory harassment is any severe or pervasive conduct directed to an individual or group of individuals because of sex, race, color, ethnicity, national origin, age, disability, religion, marital status, pregnancy, sexual orientation, gender identity or expression, personal appearance, veteran status, genetic information, or any other legally protected characteristic such that:

3.5.2.1   The conduct has the purpose or effect of interfering with an individual's work performance or creating a hostile, intimidating, or offensive working and/or academic environment.

3.5.2.2   Submission to or rejection of such conduct by an individual is used as the basis for employment and/or academic decisions affecting that individual.

3.5.2.3   Submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment and/or academic work.

3.5.2.4   Such conduct interferes with an individual's ability to participate in or benefit from an educational program or activity.

3.5.2.5   Examples of conduct which may, if continued or repeated, constitute discriminatory harassment may include, but are not limited to: unwanted physical contact; use of epithets, inappropriate jokes, or comments, or innuendos, obscene or harassing telephone calls, emails, letters, or other forms of communication; or any form of conduct that creates a hostile learning and/or working environment, such as those that affect promotion, demotion, wage and salary  increases, and/or work assignments.

3.5.3   Definition of sexual harassment. Whether intended or not, sexual harassment is illegal under both state and Federal law. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

3.5.3.1   Such conduct has the purpose or effect of interfering with an individual's work performance or creating a hostile or offensive working or academic environment.

3.5.3.2   Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting that individual.

3.5.3.3   Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic work. (Section 1604.11 of the EEOC's Guidelines on Sex Discrimination.)

3.5.3.4   Examples of conduct which may, if continued or repeated, constitute sexual harassment are: unwelcome sexual propositions; graphic comments about a person's body; sexually suggestive objects or pictures in the workplace; derogatory or sexually explicit statements about an actual or supposed sexual relationship; unwelcome touching, patting, pinching or leering or derogatory gender-based humor or any form of conduct that creates a hostile learning and/or working environment, such as those that affect promotion, demotion, wage and salary increases, and/or work assignments.

3.5.4   Procedure for implementation of policy. The component institutions of USNH shall establish a process for implementation of discriminatory harassment policy including sexual harassment. The process should be similar to the process for implementation of any other policy and shall include the following provisions:

3.5.4.1   Dissemination. The institutional process shall provide for the dissemination of information regarding USNH policy on discriminatory harassment including how to obtain more information and how to file a complaint.

3.5.4.2   Training. The institutional process shall provide for periodic training for supervisors and others in positions of academic or administrative responsibility regarding the existence and interpretation of discriminatory harassment policy.

3.5.4.3   Records and reports. The institutional process shall provide a methodology for recording and reporting on discriminatory harassment complaints. Sexual harassment complaints and the identity of individuals involved will be kept confidential where and to the extent legally appropriate (see also USY V.D.5.5.4).

3.5.5   Establishment of review of policy violations/complaints. Each institution shall maintain a process for review of accusations and complaints of policy violation. Such review shall be similar to the process for any other policy violation review with the following additions:

3.5.5.1   The process for review shall include multiple "in-take" points so that the complainant may bring a complaint and/or discussion about the issue with a person other than the alleged harasser. Normally, the employee will be able to select from one of several offices or individuals for assistance.

3.5.5.2   The process for review shall include a full and fair investigation procedure. The breadth and depth of the investigation may be as simple as a single interview or may include multiple interviews and written reports as appropriate to the case and the nature of the complaint. Care will be given to both a thorough review and to protection of the rights of the parties involved.

3.5.5.3   After an investigation, the process shall include a written determination by the appropriate administrative authority that (a) the policy was not violated, or (b) that the issue was resolved to the satisfaction of the parties involved, or (c) that there is sufficient evidence of a policy violation to warrant further action, or (d) that there was insufficient evidence to conclude that a policy was violated.

3.5.5.4   Confidentiality shall be maintained where legally and reasonably appropriate. Confidentiality cannot be unconditionally guaranteed under any circumstances. The institution has a responsibility to act where it has reason to know of a policy violation.

3.5.6   Compliance.

3.5.6.1   USNH institutions shall be responsible for enforcement of sexual harassment policy and to make a determination of appropriate corrective action where violations have occurred.

3.5.6.2   USNH employees shall comply with institutional, USNH and Board of Trustees' policy.

3.5.6.3   Appropriate discipline or corrective actions shall include discipline and dismissal as described in policies USY V.C.8 and 9 as well as corrective actions such as attendance at sexual harassment training, assignment of reading material, written statements or apology and/or acknowledgement of policy violation.

3.5.7   Appeal. If the respondent employee alleges that the decision regarding a sexual harassment policy violation violates BOT or USNH policy, they may grieve the action using the campus grievance procedure. The grievance must conform to the criteria outlined in USY V.D.12.

3.5.8  External Resources. At any time, a complainant may choose to consult with one or more of the following external agencies, which also have processes for filing a charge of discrimination:

New Hampshire Commission for Human Rights
2 Industrial Park Drive 
Concord, NH 03301 
Telephone: 603-271-2767
humanrights@nh.gov
https://www.nh.gov/hrc/

 

Equal Employment Opportunity Commission
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203 
Telephone: 1-800-669-4000
https://www.eeoc.gov/field/boston/

3.5.9   Prohibitions.

3.5.9.1   Retaliation against an individual who complains of discriminatory harassment or cooperates in an investigation under this policy is strictly prohibited.

3.5.9.2   Intentionally making a false accusation of harassment is prohibited.

3.6   Amorous Relationship Policy

3.6.1   Purpose. For the University System of New Hampshire (USNH) it is necessary to acknowledge and establish relationship boundaries in our living, learning and working environment, especially where there are existing hierarchies and power dynamics. This policy provides clarifications and guidelines to prevent conflicts of interest that can occur when members of the USNH community engage in amorous relationships, and especially those whose institutional roles place them in an uneven power dynamic.

The power difference inherent in the faculty-student or staff-student relationship means that any amorous relationship between a faculty or staff member with a student is potentially exploitative and either should be avoided or is prohibited as indicated in 3.6.4.2 below. In the event of a charge of Sexual Harassment arising from such circumstances, the institution will in general be unsympathetic to a “consent” defense when facts establish that a faculty-student or staff-student power differential existed within the relationship.

3.6.2   Scope. This policy is applicable at all locations and to all persons employed or who hold a volunteer status by USNH. This includes, but is not limited to, adjunct and status faculty and staff. This policy also informs actions that relate to third party contractors who provide outsourced services to USNH. This policy does not regulate amorous relationships between students, except to the extent that a student is also a USNH employee and then only with respect to relationships that are specifically addressed in section 3.6.4.3.

3.6.2.1   Faculty includes tenured, tenure-track, or non-tenure-track faculty appointments (includes ranks of instructor, assistant professor, associate professor, professor, clinical, research, lecturer, extension, ROTC, visiting, adjunct, post-doc, emeritus, and affiliate faculty).

3.6.2.2   Staff includes employees and volunteers not classified as faculty (includes but is not limited to exempt and non-exempt staff, adjunct staff, casual staff, Extension Educator (EE), Executive Officers, Academic Administrators, volunteer coaches and other volunteers, and emeritus staff).

3.6.2.3   Locations include but are not limited to, any USNH property, any USNH sponsored activity outside USNH property (including but not limited to USNH sanctioned internships, study abroad programs, and online learning), or other education or employment context.

3.6.2.4   This policy does not address non-consensual interpersonal behaviors not countenanced by USNH under any circumstances (see USNH Discriminatory Harassment Policy USY.V.D.3.5 and applicable Discrimination and Discriminatory Harassment (including Sexual Harassment) Policies at each institution).

3.6.3   Definitions

3.6.3.1   Amorous Relationship: Any interpersonal relationship that involves sexual and/or romantic intimacy. Amorous relationships covered by this policy might exist between Faculty members, Staff members, Faculty and Staff, Staff and Students or Faculty and Students at USNH.  Amorous relationships between students that are included in section 3.6.4.3 are also covered by this policy.

3.6.3.2   Student: All persons taking courses at USNH, full-time or part-time, and including undergraduate, graduate, certificate or non-degree students; residential, commuter and online.

3.6.3.3   Relationship Conflict of Interest: A circumstance where the parties’ amorous relationship creates a real or perceived conflict with the unbiased performance of their work responsibilities.  Of particular concern are circumstances where there is an “uneven power dynamic”:  where one party has the professional responsibility to evaluate the other party's academic and/or work performance and/or the responsibility to perform in a "check and balance" role relative to the other (e.g., signing off on timesheet or expense payment), or where there is a reasonably foreseeable possibility that one party could be called upon to participate in decisions affecting the other party's employment or academic standing or prospects. This dynamic exists in the context of grading, promotion and tenure decisions, salary-setting, hiring, termination, provision of references or reference letters, or any other category of action or influence relevant to academic and/or professional advancement or demotion.

Even in circumstances without an uneven power dynamic, a relationship conflict of interest exists when there is a relationship between peers where both parties are members of a work or academic group and the relationship impacts group dynamics or unfairly shapes decision-making.  Employees should consult with their supervisor in any situation where their professional responsibilities call for them to work or collaborate with someone with whom they have an amorous relationship (e.g., members of the same department, business unit, committee, or project working group).

3.6.4   Statement of Policy and Process

3.6.4.1   The parties involved in any amorous relationship with a relationship conflict of interest are required to immediately disclose the relationship to the proper supervisory authorities and Equal Employment Opportunity Officer as applicable at each institution and cooperate fully in steps necessary to eliminate the dynamic. Where an amorous relationship is suspected but the parties do not report, the supervisor is required to report to the Equal Employment Opportunity Officer.

Steps to eliminate the relationship conflict of interest may include, but are not limited to, reassignment of supervisory and/or check and balance oversight duties in which decisions affect the other party's academic and/or professional standing or prospects , or recusal of one party from all institutional decisions related to the other, or reassignment of duties to avoid impact of the amorous relationship on the work environment. When the relationship conflict of interest cannot be eliminated, one or both parties may be moved to a different role, or if no other role is available or appropriate, leave the institution. Parties who find themselves in a relationship conflict of interest with someone from a past amorous relationship are also subject to the disclosure and recusal requirements. All relationship management plans must be approved in writing by the Equal Employment Opportunity Officer as applicable at each institution, Human Resources and the employee(s)’ supervisor.

3.6.4.2   Amorous Relationships With Students. All members of the faculty and staff are prohibited from pursuing or engaging in an amorous relationship with any undergraduate student. With respect to graduate students, all faculty and staff are prohibited from pursuing or engaging in an amorous relationship with a graduate student under that individual’s authority or who might reasonably be perceived as having influence over employment or academic advancement/opportunities. Situations of authority include, but are not limited to, teaching, mentoring or advising, supervision of research or employment, supervision of internships, exercising substantial responsibility for grades, honors, or degrees, and/or involvement in disciplinary action related to the student. The Equal Employment Opportunity Officer and Human Resources may make exception to these prohibitions for past amorous relationships, relationships between spouses, or other exceptional circumstances, subject to a relationship management plan where necessary. This Policy shall not be construed to preclude employees from utilizing educational benefits for their spouse, and there is no obligation to report an amorous relationship or obtain an exception to Policy based solely on a spouse enrolling in USNH courses; provided, that a spouse may not participate in academic programs where the employee/spouse has authority or might reasonably be perceived as having influence over academic advancement/opportunities.

3.6.4.3   Amorous Relationships Involving Student Employees. Students who are USNH employees are prohibited from pursuing or engaging in an amorous relationship with another student where there is an uneven power dynamic. For example, Resident Assistants are prohibited from pursuing or engaging in an amorous relationship with a student who is a resident in their hall, and Teaching/Research Assistants are prohibited from pursuing or engaging in an amorous relationship with a student who is in their class or program.  The Equal Employment Opportunity Officer and Human Resources may make exception to these prohibitions for past amorous relationships, relationships between spouses, or other exceptional circumstances, subject to a relationship management plan where necessary.

4.   Non-Smoking

4.1   In accordance with RSA 155:64-78, Indoor Smoking Act, smoking is restricted in virtually all USNH buildings and facilities.

4.2   In accordance with RSA 155:65-66, smoking is prohibited in any enclosed area where a person performs work-related duties.

4.3   These restrictions and prohibitions do not apply to designated smoking areas in each building, or non-public workplace occupied exclusively by smokers, or to effectively segregated single occupant offices (RSA 155:66).

4.4   Complaints and the appropriate constructive discipline will be handled by the component institution's "designated Administrator" in conjunction with HR. A person who smokes in a non-smoking area is in violation of the criminal code, (RSA 155:76).

4.5   USNH institutions shall adopt such institutional policies as are necessary to meet the requirements of USNH policy.

5.   Wellness.

5.1   The USNH recognizes that programs designed to increase health-related knowledge and self-awareness contribute to the improved wellbeing of its employees, reduce medical costs, absenteeism and stress and help to promote positive morale and good employee relations. Each USNH institution is responsible for monitoring, assessment, publicizing and promoting of health education program activities throughout its institution.

5.2   Employee Assistance Program (EAP). The EAP strives to provide an effective program to assist employees and their families in resolving problems such as alcoholism, drug abuse, marital conflicts and job performance issues. The EAP provides counseling, assessments and referrals to outside professional resources for employees and their eligible family members. (See also USY V.A.3.4)

5.2.1   Eligibility. All employees, their spouses and dependent children are eligible to participate in the USNH-EAP.

5.2.2   Confidentiality. Information regarding individual participation will not be disclosed without the written consent of the employee.

5.2.3   Coverage. The employee, their spouse, and dependent children will receive a number of free visits to the EAP for each situation.

5.2.4   Supervisory Referrals. Supervisory referrals may be made on behalf of an employee whose job performance is deteriorating. Although supervisors may recommend the EAP, the decision to seek assistance through the EAP is the responsibility of the employee. Supervisors shall not engage in diagnosis or in establishing treatment plans for employees.

5.2.5   Employment Status. Employment status will in no way be affected by the decision to seek assistance. The services of the EAP must be used on the employee’s personal time (i.e., accrued leave or Earned Time).

6.   Nepotism.

6.1   More than one member of an immediate family may be employed by a USNH institution.

6.2   No employee, department chairperson, dean, supervisor, or other administrative officer may participate in decisions affecting the appointment, tenure, promotion or other personnel status of a relative. In situations where direct supervision by a relative is involved, the immediate senior to such a supervisor will be responsible for establishing special procedures as may be required to provide equitable treatment, including performance evaluations.

6.2.1   For all purposes involving the application of this rule concerning the employment of relatives of existing personnel, a "relative" is defined as parent, spouse, child, brother, sister (or the foregoing as in-laws), and other close relative by birth or marriage (such as aunt, uncle, nephew, or niece).

7.   Conflict of Interest.

7.1   Employees are encouraged to participate in professional activities as a means of improving not only their own competence and prestige, but the prestige of USNH as well. While engaging in these activities employees have an obligation to avoid ethical, legal, financial and other conflicts of interest to insure that their outside activities and interests do not conflict with their primary employment responsibilities at the institution. In addition to the general reference to Conflict of Interest in this policy, this also applies to any misuse of USNH facilities, equipment or services as well as any employment or community service that interferes significantly with scheduled work.

7.2   Employees must be sensitive to the potential for conflict of interest in professional activities. The fact that the USNH is a public institution must always be kept in mind.

7.3   Professional consulting activities of faculty. This policy is intended to establish guidelines for faculty who receive compensation during the appointment period other than that paid by USNH for either teaching or a professional expertise in the areas of consulting, research or service.

7.3.1   It is understood that faculty regularly engage in normally unpaid activities such as holding office in a scholarly or professional organization or editorial office, or duties for a learned journal, writing books or articles, attending professional meetings, colloquia, symposia, site visits and similar gatherings, and the ad hoc refereeing of manuscripts. These scholarly activities further the mission of USNH by facilitating the development and dissemination of knowledge. Within reasonable limits, faculty are encouraged to undertake such duties, which are not specifically governed by this policy.

7.3.2   To the extent that compensated consulting activities involve faculty members' professional expertise, further the status of their profession, and contribute to their own professional competence, these activities are also encouraged. All such activities (including uncompensated ones), however, should meet the criteria of balance, appropriateness, and the avoidance of conflict of interest.

7.4   Compensated professional activities for faculty. Any full-time faculty member may engage in such compensated professional activities, and is encouraged to do so, subject to the following conditions:

7.4.1   The activities should sustain or improve their own professional prestige.

7.4.2   The activities should be within the professional competence of the faculty member.

7.4.3   On average, the total commitment to the activities should not exceed a time equivalent of one day during each five-day academic week during the appointment period.

7.4.4   The academic administrator of the college, through the chairperson of the faculty member's department, should be informed of the activities. Agreement should be reached between the chairperson and faculty member that the activities satisfy (USY V.D.7.4.1 and USY V.D.7.4.3 above). When required, the confidentiality of a client will be honored.

7.4.5   The faculty member is primarily responsible for avoiding conflict with both their campus obligations and USNH policies.

7.5   If such activities are expected to require more time in a given situation, arrangements shall be made with the department chairperson and/or dean.

7.6   Professional activities of part-time faculty and lecturers. Either the chairperson or the equivalent unit administrator must be informed of any change in the status of the following activities. At the time of and during employment in USNH, part-time faculty must not: engage in activities that interfere with their USNH responsibilities, have conflict of interest with either USNH or campus policies, abuse the association with USNH for personal financial gain, or bring discredit on USNH.

7.7   Cooperative Extension. There are six areas of possible concern for Cooperative Extension employees: outside consulting, private sector support; ownership of a business; commodity transportation; holding an elected office; and, providing expert witness testimony in court. For specifics regarding these concerns see UNH V.D.7.4.2.

7.8   Professional activities of Exempt Employees. This policy is intended to establish guidelines for professional activity by full-time Exempt Employees.

7.8.1   Professional activities include work for a non-USNH entity for which employees receive remuneration other than their USNH salary.

7.8.2   Normally, unpaid activities, such as holding office in a scholarly or professional organization, editorial office or duties for a learned journal, writing books or articles, attendance at professional meetings, colloquia, symposia, site visits and similar gatherings, or the ad hoc refereeing of manuscripts are covered by this policy.

7.8.3   When the above activities involve an employee’s professional expertise, further and contribute to the development of their own profession and contribute to the development of their own professional competence, these activities are permitted.

7.8.4   The employee’s immediate supervisor should be made aware of such activities, and the activities must not interfere with the employee’s other USNH obligations and must not involve duplication of payment by USNH for duties of the employee.

7.8.5   If employees wish to engage in outside activity to such an extent that they cannot fulfill their USNH obligations to the satisfaction of their supervisor, they shall request a reduction in their percentage of appointment. Such requests will be considered in relation to the demands of the employee’s position. Other alternatives such as professional development leaves, etc., may also be appropriate.

7.9   Professional Activities of Non-Exempt Employees. This policy is intended to establish guidelines for professional activity by Non-Exempt Employees. Such activity includes:

7.9.1   Work for a non-USNH entity for which employees receive remuneration other than their USNH salary.

7.9.2   Normally unpaid activities, such as holding office in a professional organization, attending professional meetings and conferences, or serving as a representative of the institution.

7.9.3   Non-Exempt Employees may carry out such activities to the extent that the activities do not interfere with their primary USNH responsibilities, and do not involve conflict of interest.

7.10   Use of University System facilities, supplies, equipment, services, letterhead or name. Employees shall not use USNH facilities, supplies, materials, equipment or services for professional activities, without first obtaining approval of the appropriate department chairperson, dean, or director and arranging for the payment of the total cost for such use. Such prior approval is not necessary, however, when the facilities, supplies, materials, equipment and services are generally available to USNH employees upon the payment of an established fee.

7.10.1   The name of USNH or the institutions may be used in connection with professional activities where necessary to identify the employee but may not be used to imply that USNH officially supports, endorses, insures or guarantees the results of the professional activity. When the potential for confusion about official endorsement exists, an appropriate disclaimer should be used, such as "This report was written by ______________________ in his/her private capacity. No official support or endorsement by USNH or (name of institution) is intended or should be inferred."

7.11   Employees who would benefit financially from the supplying of goods or services to USNH by any prospective supplier may not participate in the decision process leading to the choice of supplier.

7.11.1   Employees who have or who reasonably anticipate having either an ownership interest, a significant executive position in, or a consulting or other remunerative relationship with a prospective supplier may not participate in the recommendation of, drafting of specifications for, or the decision to purchase the goods or services involved.

7.11.2   Employees who know that a member of their family (or any person with whom they have a personal or financial relationship) has an ownership interest or a significant executive position in a prospective supplier are also disqualified from participating in the process of the purchasing of goods and services.

7.11.3   Employees whose sole ownership interest in a potential supplier is held by a fiduciary that has the power to acquire or dispose of the interest without consultation with the employee are not disqualified from participation in the purchase decision.

7.11.4   When an employee is disqualified from participating in a procurement decision, the fact of the disqualification and the reason for it must be reported to others involved in the decision. If necessary, a substitute may take the employee’s place under procedures established by the appropriate administrative official.

7.12   Appropriation of Institutional Services or Business Opportunities. As part of its mission of public education, USNH becomes involved in activities that may be competitive in nature. In areas where USNH is providing goods or services that are also available outside USNH, employees are prohibited from appropriating business opportunities from USNH.

7.12.1   Appropriation in this context means: to take or make use of without authority or right and is intended to prohibit the taking, through use of the USNH name, equipment, facilities or supplies, or by action of an employee, of those service or business opportunities that ordinarily would have been contracted or supplied by USNH, except in areas of business or service where no specific advantage is gained by virtue of one's employment duties or responsibilities.

8.   Political Activity Regulations.

8.1   This policy is intended to express USNH’s desire to facilitate free discussion of all points of view to the extent permitted by the Constitution of the United States and of the State of New Hampshire.

8.2   The rights of assembly and freedom of speech within USNH shall be limited only to the extent applied to other citizens for the purpose of preventing assembly for illegal purposes or the advocacy of overthrow of government by force. Such rights shall be respected according to their meaning and application under law and within the function and program of the USNH.

8.3   Reasonable use may be made of institutional facilities for political meetings and discussions.

8.4   Outside speakers may be invited to address groups on the same basis as speakers invited to address student organizations.

8.5   USNH does not accept responsibility for views expressed or entertained by either speakers or groups, except as stated above in USY V.D.8.1.

8.6   Participation of Faculty members in political action is governed by paragraph 1 (B) of the 1940 Statement of Principles of the American Association of University Professors that reads:

8.6.1   "College and university teachers are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they should remember that the public may judge their profession and their institution by their utterances. Hence they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution."

8.7   The philosophy of the statement above in USY V.D.8.6.1 applies to all exempt employees.

8.8   Holding Political Office. The BOT will not object to any employee running as a candidate for political office. However, should the amount of time required by the office or the candidacy for the office be such as to materially affect the time the employee is expected to spend on their USNH position, they may be required to take a leave of absence or the terms and conditions of their appointment may be amended.

9.   Political Activity -- Cooperative Extension.

9.1   Holding elected or appointed public office.

9.1.1   Partisan Politics.

Extension employees are strongly discouraged from engaging in "partisan politics", (i.e., candidate for public office in a partisan election), and must minimize the risk or perception that Extension is associated with or endorses the "platform" of a particular political party.

9.1.2   Non-Partisan Politics.

Holding public office requires the advance approval of the Director or their designee.
The time required to carry out the public office assignment must be done on the employee's personal time (approved absence or leave without pay).

All time, facilities, and materials required to conduct an election campaign must be separate and apart from the employee's job.

9.2   Providing expert witness testimony in courts, etc. Due to expertise and position of Extension employees, they are frequently sought after in courts of law to provide expert opinions that may assist in resolving various claims, cases, suits, etc. Expert witness testimony usually benefits one party and is detrimental to the other. It is important that UNH Cooperative Extension not violate its public trust in that it maintains impartiality during any dispute, especially when the dispute involves litigation.

9.2.1   Expert Testimony. Expert testimony usually involves supporting one or the other of the litigants with a professional opinion. While partiality may not be intended, it easily can be construed. For this reason, Extension employees, acting in their official capacities must refuse any request to provide expert testimony. This would include requests to estimate damages for insurance claims. However, employees should suggest other institutions or individuals which could provide the same information whenever possible. Extension employees, acting in their personal capacity and on their own time, may provide expert witness services. In such cases, Extension employees must make clear they are not representing, or acting on behalf of, Cooperative Extension.

9.2.2   Witness to the Fact. A witness to the fact will testify to factual matters within personal knowledge and observation. A factual witness may be compelled to testify by subpoena. If an Extension employee is subpoenaed, the employee should indicate that due to their position in Extension, it is important to maintain public trust and to remain impartial. If an employee is subpoenaed to be a witness in their official capacity, they should notify the Director of Cooperative Extension who will consult with the General Counsel for the USNH and render advice on how to proceed. When testifying in an official capacity, an employee is eligible for full pay for the time they are required to be in court; thus, the employee is not penalized for good citizenship. In such cases, witness fees and expense reimbursement received by the employee are the property of, and must be paid to, Cooperative Extension.

9.3   Review (Appeal) Process. In the event an Extension employee disagrees with Extension Administration decision, the employee may request the decision be reviewed by a board of peers which should include Extension employees who are similarly affected by these guidelines.

10.   Communicable Diseases. USNH recognizes the need to establish procedures for implementing infection control policies and procedures that help limit the spread of communicable diseases within its institutions and will comply with all federal and state laws applicable to students and employees with communicable diseases. In cases of communicable diseases, it is the employee's responsibility to follow their medical care provider's judgment concerning the advisability of working while ill (see USY V.C.8.2). The Fitness for Duty policy will apply to those who are ill when they report to work (see USY V.C.12). See also the Emergency Response policy (USY V.D.14).

10.1   Definition. The Department of Health and Human Services and the Centers for Disease Control define diseases considered communicable. Such diseases include, but are not limited to hepatitis, meningitis, mumps, AIDS, whooping cough, measles, diphtheria, chicken pox, tuberculosis, avian influenza, and any other disease that could result in a pandemic.

10.2   Commitment & Responsibilities. USNH is committed to maintaining a safe work environment for employees and students. Each institution shall have policies and procedures to identify a serious health situation due to communicable disease. Universal precautions must be observed.

10.2.1   Institutional policy will reflect universal precautions as defined by The Center for Disease Control. These precautions are infection control guidelines designed to protect workers from exposure to diseases. Examples of these precautions are washing hands, wearing gloves, and procedures for handling infectious wastes.

10.2.2   Each institution will establish policy concerning authority, conditions, and procedures for medical assessments of employees in relation to communicable diseases (see also HIPAA policy, USY V.C.15).

10.3   Confidentiality. USNH is committed to maintaining a safe work environment for employees and students. All medical information concerning employees and students infected with a communicable disease or its related conditions will be treated confidentially as required by law (see HIPAA policy, USY V.C.15).

10.4   Non-Discrimination. USNH institutions will comply with the Americans with Disabilities Act (ADA), which requires that federal protection in housing and employment be granted to employees and students who are infected with a designated communicable disease. Retaliation against an infected employee is prohibited.

10.5   Authority. The BOT has delegated to the Administrative Board the responsibility to establish procedures to manage outbreaks of communicable disease within the USNH. Such procedures should be based on CDC recommendations. Each USNH institution's CEO has the authority, in consultation with health professionals, to determine the need to:

  • Close part or all of a USNH institution
  • Determine essential services
  • Declare curtailed operations
  • Implement alternative work schedules
  • Address security issues
  • Identify a key spokesperson and information data base (See also USY V.D.10.6)
  • Implement the lay-off policy (USY V.C.10)

10.5.1   The Chancellor's Office will provide consultation to the component institutions regarding financial, human resources, and/or any legal requirements related to campus procedures beyond those listed in policy.

10.6   Preparedness. Each component institution will develop a written communicable disease plan which defines internal authority and processes for decision-making and includes specific information regarding roles, responsibilities, and procedures related to ensuring continuity of instruction and protection of students/employees and a communication plan for use at the onset of a communicable disease. (See also USY VI.F.3.3.3.1.2.6 and Curtailed Operations policy, USY V.D.F.3 and USY V.F.6.3.)

10.7   Education. USNH encourages the development and implementation of educational programs concerning the transmission of communicable diseases. Such education should include topics such as routine infection control (such as hand hygiene, coughing and sneezing etiquette, etc.).

11.   Uniforms, Equipment and Other Special Clothing. When, because of the nature of the work performed, uniforms, protective clothing, or equipment are required, they will be furnished by the institution. The normal costs of furnished clothing may be supported in total or in part by the institution. If the employee is required to share these costs, their portion may be handled as a payroll deduction. The institution will bear all maintenance costs for uniforms and other special clothing that it rents. For more information regarding taxability of uniforms and/or special clothing, please see Procedure 8-012, Apparel Benefits.

11.1   A list of the required uniforms, protective clothing, and equipment that is furnished by the institution will be available at both the office of the appropriate department head and the campus Human Resources or other campus designated office.

11.2   Exceptions to this policy may be made with the approval of the institution's Human Resources Office when the usual practice is for employees to furnish their own work clothes (i.e., nurses' uniforms). Also, even if required for work, clothing and footwear that can be readily worn outside of work (i.e., white shirts or blouses, dress slacks, hosiery, regular shoes, accessories, etc.). Academic robes are supplied by individuals.

11.3   Termination. A terminating employee who, when requested, fails to return an article of apparel or equipment that has been provided by the institution may be billed for the cost.

12.   Employee Complaint and Grievance Procedures.

12.1   Authority.

12.1.1   The Chancellor, in consultation with the Administrative Board, is authorized by BOT V.C.2.2, 3.1, and 3.2 to adopt employment policies which will maximize the efficient and effective use of USNH Human Resources, ensure compliance with all applicable federal and state laws, and provide for a well-coordinated system of public higher education.

12.2   Standard of Conduct.

12.2.1   Every person working for USNH - including employees, student employees, and volunteers has a basic responsibility to cooperate in complaint and grievance procedures, including investigations, in an ethical and professional manner (BOT III.K.1.2).

12.2.2   Retaliation against anyone filing a complaint or grievance or participating in the process is strictly prohibited.

12.3   Delegation.

12.3.1   Each component institution shall establish a procedure for the resolution of employee grievances that shall be consistent with the requirements of this policy. The initial adoption and any subsequent amendment of an institutional grievance procedure shall be effective only after review and approval by the USNH General Counsel and USNH Chief Human Resources Officer.

12.3.2   Each component institution may also establish a mechanism for considering employee complaints. Complaint procedures may not be used to address termination of employment. The definition of issues to be considered under the complaint mechanism may be broader than that of a grievance complaint. Such non grievance complaint resolution mechanisms shall not, and shall not be construed to, provide employees any rights other than the right to have a complaint heard and considered. They also shall not bind the institution to a particular outcome or course of action or in any other way limit the institution's discretion to determine an appropriate outcome or course of action.

12.3.2.1   A complaint may be filed with Human Resources to address inappropriate workplace behavior, whether by verbal or physical behavior or electronic means, which is conducted by one or more persons against another or others that is harmful or inhibits their accomplishment of work or inclusion as members of the college/university community. It may include abuse of power. These behaviors may result in disciplinary actions, including termination. Examples of such conduct, which may, if continued or repeated constitute inappropriate workplace behavior may include, but are not limited to:

  • Spreading rumors, hurtful gossip or innuendo
  • Yelling, public reprimands, name-calling, mocking, insulting or ridiculing
  • Unwanted physical contact or physical gestures that intimidate or threaten
  • Taking credit for another's work
  • Withholding information and/or resources essential to perform one's job
  • Ignoring a coworker such that the coworker is unable to perform their job
  • Ostracism, isolation, humiliation, dissociation or exclusion from others

12.3.2.1.1   Human Resources shall acknowledge receipt of the complaint within 5 workdays.

12.4   Institutional Grievance Procedures.

12.4.1   The employee grievance procedure adopted by any component institution shall provide for the following:

12.4.1.1   The definition of a grievance shall be "A written statement alleging a violation of a Board of Trustees, University System, or institutional policy." The grievance procedure shall not be used to review the substantive merits of an administrative judgment, evaluation, or other discretionary act or decision, except as may be necessary when a violation of a nondiscrimination policy is alleged.

12.4.1.2   Status employees, excluding members of a certified collective bargaining unit, are eligible to file grievances under an institutional grievance procedure.

12.4.1.2.1   Employees in the Initial Introductory Period (see USY V.C.8.1.3.1) of employment are excluded from using the Grievance Procedure to appeal termination for inability to meet the requirements of the position.

12.4.1.3   The deadline for the filing of a grievance shall be ten (10) calendar days from the day on which the aggrieved employee becomes aware of the action that is alleged to violate policy and within one year of its occurrence.

12.4.1.4   A grievant may bring an advocate to any meeting or hearing held pursuant to a grievance procedure. The advocate may act in an advisory capacity to the grievant or, at the grievant's request, may speak on the grievant's behalf. The third party must be a status USNH employee and shall not be an attorney.

12.4.1.5   The campus procedure shall provide some appropriate opportunity for the parties to the grievance to present material and relevant testimony including documents from one or more witnesses. Such opportunity need not be present at each step of a campus procedure that provides for more than one step.

12.4.1.6   The remedies available under a grievance procedure shall be limited to that necessary to bring the grieved action into conformance with policy or policies which were violated.

12.4.1.7   Subject to the provisions of USY V.D.12.4.1.7.1, below, the CEO of the institution shall retain the authority to either: (a) make the final decision on an employee grievance or (b) modify or reverse the final decision (if made by some other person or committee) under the following circumstances: (i) the final decision maker exceeded their authority or (ii) implementation of the remedy would cause grave harm to the institution. The CEO’s determination shall be final.

12.4.1.7.1   Exception. If the CEO is named as a party in a grievance, the grievant may request review by the USNH Chancellor if campus procedures do not result in resolution. In such cases, the grievance must be received by the Chancellor’s office no later than 10 calendar days after the final campus review. The Chancellor or their designee shall review the record of the grievance, hold a hearing, and/or make any such further inquiry as may be deemed necessary or expedient. The Chancellor or their designee shall then decide the grievance and so notify the grievant and CEO of the institution. Any such decisions shall be final.

12.4.2   The filing of a grievance shall not affect the rights of an employee to seek any remedy that may be available in an external forum. However, the filing of a grievance does not postpone any deadlines for pursuing remedies in any external forum.

12.4.3   An employee who is grieving a termination may be placed on leave of absence without pay during the time involved in processing the grievance. Under such circumstances, USNH shall continue its benefits contributions for up to ninety (90) days for anon-exempt employee and for up to one hundred and twenty (120) days for an exempt employee unless otherwise stated by collective bargaining contract or faculty handbook. If the ninety (90) days or one hundred and twenty (120) days expire while a Chancellor level review is still underway, the USNH benefit contributions for the grievant shall continue until the Chancellor's decision is made. Normal notice periods shall apply in cases of termination (see USY V.C.9.8.5).

12.5   Record Keeping and Reporting.

12.5.1   All materials generated in a grievance proceeding, including recordings, exhibits, minutes, and affidavits, shall be the property of the institution. At the conclusion of the grievance, all such materials shall be held in a confidential file in an appropriate institutional office. This shall be separate from the official personnel file.

12.5.2   All grievance materials will be held at least three years after the termination or retirement of the grievant. In cases where an employee lawsuit is involved, records shall be retained at least three years after conclusion of the suit.

12.5.2.1   At the time of destruction of grievance files, a permanent record will be maintained of the facts of a grievance, the outcome, the records to be destroyed, and date of destruction.

12.5.2.2   Nothing in the above policy shall preclude expunging records from the personnel file or the official record of an employee.

12.5.3   Each component institution shall maintain the following information regarding the operation of its grievance procedure:

12.5.3.1   The number of written grievances received by the institution annually.

12.5.3.2   The number of grievances resolved prior to formal hearing steps.

12.5.3.3   The broad section of policy upon which grievances are alleged.

12.5.4   Each component institution shall report annually to the USNH Chief Human Resources Officer the information enumerated in section USY V.D.12.5.3 along with any other information he or she may from time to time request.

13.   Non-work Related Solicitations.

13.1   USNH strives to provide a work environment free of non-work related interruptions. Employees are expected to engage in the work of USNH or USNH-sponsored activities during work time and in the work place, free from interruption, disruption, or distraction from sources unrelated to their work.

13.1.1   As such, solicitation of or by employees on behalf of non-USNH entities during work hours and in the workplace is restricted to non-working hours and non-work space, such as a designated web site. Institutional level policy may permit the use of lunchrooms and/or other appropriate common areas for solicitation by, or on behalf of, appropriate non-USNH organizations so long as that activity does not interfere with the ability of employees and supervisors to maintain a work environment appropriate to the conduct of USNH’s work.

14.   Emergency Response. In the event of an emergency situation, which is expected to last more than a week (7 calendar days) in length and declared by the institution's CEO, all normal USNH and campus policies for the safety rights of employees and management rights to direct work will remain in effect. (See also USY.V.D.10, USY.V.C.12, USY V.F.5.3, USY V.F.6.3, and USY VI.F.3.3.3.1.2.6.) The institution's CEO may declare either partial or full Emergency Operations for an extended period of time.

14.1   Staffing. All employees are expected to report to work, unless notified otherwise. The institution and its managers will assess the safety of working conditions and will account for that in assigning work. They may also apply the Fitness for Duty policy (USY V.C.12). In addition, each employee is expected to assess their personal safety and respond accordingly.

14.2   Monetary Payment.

14.2.1   In addition to their normal rate of pay plus any applicable additional pay, such as shift and overtime, employees who work during an Emergency Operations may receive an emergency work stipend as determined by the instituion's CEO, in conjunction with Human Resources, based on circumstances of the emergency, the nature of the emergency, and institutional needs.

14.2.2   Those status employees and fiscal year faculty not required to report to work and not assigned to work will be paid for the first 5 emergency leave days of time where offices are closed. After the first 5 emergency leave days, it is expected that employees will use accrued Earned Time/Vacation Leave, or be on leave without pay, unless they are already using paid Sick Leave or other appropriate paid leave.

14.2.3   If there is no communication with an employee after the first week (7 calendar days), the employee’s paid Earned Time or Leave Time will be used until there is notification from the employee not to use Leave Time, curtailed operations end, or the leave time is exhausted, whichever comes first. (See USY V.F.10.4.7 if there is an overpayment.)

14.2.4   When an employee exhausts paid leave time, they have a choice of taking a leave of absence without pay with benefits for up to 90 days or terminating employment in order to seek eligibility for unemployment compensation. (For leave of absence, see USY V.C.16). If an employee fails to return after a leave of absence during curtailed operations, the institution may make an exception and not require repayment of benefits paid on the employee’s behalf during the first 90 days of the leave without pay if it is determined that the circumstances of the emergency are the main reason that the employee chose not to return to work.

14.2.5   It is expected that active status and adjunct faculty hired on an academic year or semester/term basis (i.e. with no accumulated leave) will continue in a paid status for the remainder of the semester in which the institution is closed with the expectation that work to complete a semester may be made up at a later date (e.g. semester dates are extended into the summer). Any decision to continue pay beyond the end of the semester in which the emergency occurred will be made by the institution's CEO based on the conditions at the time of the decision.

14.3   Benefit Continuation. Medical, Dental, and Life Insurance benefits will continue for the first 90 days of a declared emergency status regardless of the employees active work status. Retirement benefits will continue if an employee is in a paid status. Conditions for continuation of benefits for a period more than 90 days will be determined by the institution's CEO before the end of the 90 day period. Continuation of benefits will require employees to make their own benefit contributions, but arrangements may be made for later payment.

14.3.1   Employees are not eligible for Long-Term Disability for an illness or injury that begins after the end of employment, but will remain eligible for Long-Term Disability while in an active leave status as described in the plan document. The exclusions of that plan (e.g. injury resulting from participation in a riot, or as a result of an act of war) will continue to apply.

14.4   Other Considerations. The following delegations are made to each campus Human Resources Office:

  • Suspension of deadlines for grievances
  • Extension of probationary periods
  • Extension of introductory periods
  • Extension of leaves of absence about to expire

E. Professional Development and Training

1.   Authority.

1.1   The Board of Trustees (BOT) authorizes the Administrative Board to establish Professional Development/Training policies.

1.2   In accordance with BOT V.B.2 and USY V.B.2.1, USNH shall establish policies and procedures to promote growth for employees.

1.3   The component institutions shall have prime responsibility for establishment of professional development, training and funding.

2.   Professional Development and Training.

2.1   Goal. Employee development is intended to be a continuing responsibility of both the individual employee and the institution. The goal is to encourage individual growth and improved productivity, and to provide a means of reinforcement and reward.

2.2   Employee and supervisory training will be conducted as determined by the institution.

2.3   The institutional office responsible for training will determine attendance policies, such as mandatory or optional participation. Employees taking advantage of the tuition benefit will normally be expected to make up the time or use accrued leave time for time taken to attend courses during the work day. Time spent by employees attending work-related workshops or seminars shall normally be considered time worked. In all cases such time will be accounted for in compliance with the definition established by the Fair Labor Standards Act.

2.4   Funding. Professional development training and/or travel shall be subject to availability of funding. Each institution shall define the approval process for funding.

3.   Job Exchange.

3.1   Faculty Exchange Programs. Full-time faculty are eligible for exchange programs with faculty at other institutions of higher education when the experience will be mutually beneficial to the participant and the institution, endorsed by the appropriate administrator, and approved by the Chief Executive Officer (CEO).

3.1.1   While on exchange, the faculty member will be considered on full time appointment at their home institution with salary, benefits, and all rights and responsibilities retained.

3.1.2   Exchanges may be for any period of time up to one calendar year. Time spent on exchange will count as time in rank toward mandatory tenure decision and as time toward eligibility for a subsequent leave for professional improvement.

3.1.3   Performance evaluations will be requested from the host institution and a post-exchange evaluation of professional activities will be required from the participant, to be included in subsequent considerations for promotion and salary adjustments.

3.1.4   Faculty on exchange will be obligated to return to their institutions for a period of one year following the exchange.

3.2   Exempt Employee Exchange Programs. Exempt employees who are employed in status positions are eligible for exchange programs at other institutions of higher education when the experience will be mutually beneficial to the participant and the institution, is endorsed by the appropriate administrator, and approved by the CEO.

3.2.1   While on exchange, the exempt employee will be considered on regular appointment at their home institution, with salary, benefits, and all rights and responsibilities retained, including use and accrual of Vacation and Sick Leave.

3.2.2   Exchanges may be for any period of time up to one calendar year.

3.2.3   Performance evaluations will be requested from the host institution and a post-exchange evaluation of professional activities will be required from the participant, to be included in subsequent considerations for promotion and salary adjustments.

3.2.4   Exempt emplolyees on exchange will be obligated to return to their institutions for a period of one year following the exchange.

3.3   Other procedures and/or contractual relationships will follow guidelines and legal requirements adopted by the host institution.

4.   Professional Development Leave.

4.1   Goal. Faculty and exempt employees are eligible for leave for professional improvement that will result in specific benefit to the institution and/or USNH. Such leave shall be available as a matter of privilege rather than right and shall be granted to an eligible faculty or exempt employee only in those cases where the criteria set forth below are met.

4.2   Leave Conditions -- General. Recipients of paid leaves for professional improvements are permitted to receive income for professional activities without prejudice to their receipt of income from USNH, provided the activity is approved by the appropriate dean or supervisor. In no case may the faculty or exempt employee undertake full-time paid employment while on leave for professional improvement. Upon return from leave the faculty or exempt employee is expected to submit a report summarizing the professional activities of their leave. The individual's campus may require that they return to service for a specific period after a professional development leave or reimburse the institution the full amount of salary and benefits paid during the leave.

4.3   Leave Approval -- General. All paid leaves for exempt employees require approval of a specific proposal for professional improvement that outlines the benefits expected for both the individual and USNH. Applications for leave are submitted to the CEO through the appropriate academic/administrative officer who should be given reasonable notice of the date the leave is to begin. Each application is judged upon its individual merits and availability of funding. The CEO or their designee must approve all paid leaves.

4.4   Sabbatical-Faculty.

4.4.1  Eligibility. Faculty members with the rank of assistant professor and above shall become eligible for sabbatical leave upon the completion of six years of full-time service at the institution. Years of service shall count from the date of full-time appointment to the rank of instructor or above or from the ending date of the previous leave for professional improvement. All leaves of absence (with or without pay) shall be excluded in determining years of service for this purpose, as shall all years of less than full-time service. Sabbatical leaves are ordinarily reserved for those members of the faculty who have completed advanced academic preparation. Exceptions may be made at the discretion of the CEO if: (1) completion of formal advanced study will strongly promote interests of the college/university and (2) the person has shown substantial progress toward completing such study while employed by the institution.

4.4.2  Duration of Leave. For faculty on an academic year appointment, one semester at full salary or two semesters at half salary. For faculty on fiscal year appointments, it shall be up to six months at full salary or 12 months at half salary. In exceptional cases, shorter leaves at more frequent intervals may be granted or even requested by USNH to allow for greater flexibility than is attainable under the normal circumstances. For leaves at half pay the college/university will maintain its full contribution to benefits if the faculty member makes the applicable contributions. See USY V.F.10 for payroll information and USY V.A for specific information regarding benefit contributions.

4.5   Exempt Employee Professional Development Leave.

4.5.1   Eligibility. Exempt employees who have been employed with USNH for at least three years in a status position may apply for a leave for professional improvement. Each application is reviewed on its own merits.

4.5.1.1   Subsequent Leaves.  If an exempt employee has been on either a full or partial leave of 120 days or more or a professional development leave, they are not eligible for a professional development leave again until serving in a status position for at least 24 months after returning from leave, unless the most recent leave was for FMLA reasons.

4.5.2   Duration of Leave. The leave may be of varying duration depending upon the number of calendar years of service not to exceed one month at full pay or two months at half pay per calendar year of service up to a maximum of six months at the employee's full pay or 12 months at the employee's half pay. See USY V.F.10 for payroll information.

4.6   Executive Officer Professional Development Leave.

4.6.1   Eligibility. Executive Officers are eligible for leave that will enhance their professional growth and improve the quality of higher education within USNH. It is anticipated that professional improvement/development leaves will be for projects focused upon such things as organizational problems and the management procedures needed to solve them, cost effectiveness of USNH  operations, collective bargaining and its effects on higher education, data processing systems and how they can serve administrators, coordinated academic programming within a diversified university system, and long-range budget or physical plant planning. Such leaves shall be available as a matter of privilege rather than right and are subject to the criteria set forth below.

4.6.2   Application. Approval is required of a specific proposal for professional development leave which outlines the benefits expected for both USNH and the Executive Officer. Leaves of absence for professional development are granted by the CEO of the institution or, in the case of CEOs, by the BOT.

4.6.3   Duration of Leave. Leave for professional development may be granted after three years of full-time service as an Executive Officer with USNH. Such leave may be of varying duration not to exceed one month at full pay or two months at half pay per year of service up to a maximum of six months at full pay or 12 months at half pay.

4.6.4   Conditions. Executive Officers who receive approval for professional development leave will normally be expected to return to employment within USNH (to the same or a higher position) immediately following the expiration of the leave. The Executive Officer, upon return to USNH, will be expected to submit a report summarizing the professional activities of their leave to the institution's CEO, or in the case of CEOs, to the BOT.

4.7   Benefits.

4.7.1   Vacation/Sick Leave Accrual. Fiscal year exempt employees and Executive Officers continue to earn Vacation/Sick Leave at the normal rate of accrual while on a sabbatical/professional improvement leave.

4.7.2   For specific benefits coverage policy see USY V.A.

5.   Memberships in Professional Organizations.

5.1   USNH encourages employees to join professional organizations in their respective field. 

6.   Internal Promotion.

6.1   USNH is committed to the concept of promotion of employees as defined in USY V.E.6.1.1. The intent of the internal promotion and hiring guidelines is to:

6.1.1   Enhance upward mobility opportunities by providing an exclusive internal posting for USNH status and adjunct employees who have been employed within USNH for at least twelve (12) months in total and have worked at least 1,250 hours or half-time during the 12 month period preceding the posting. Half-time will mean half of the hours that are normally the base full-time hours (e.g. 2080.0, 1957.5, etc.) as determined by policy. Final determination of eligibility will be made by HR.

6.1.2   Provide status employees with the opportunity to be considered for position openings that could result in enhanced personal advancement opportunities.

6.1.3   Advance qualified employees (especially women, minorities and those with disabilities) into executive, administrative, supervisory, and other upper-level management positions.

6.2   Criteria/Conditions. Departments may elect to elect exclusive internal posting of all positions when the following conditions exist:

6.2.1   There are a sufficient number of qualified internal candidates from which to select.

6.2.2   The potential applicant pool of eligible employees includes a sufficient number of qualified women and minorities to match availability guidelines established in the Affirmative Action Plan.

6.2.3   Internal promotion will benefit both the institution and USNH as determined by the CEO or their  designee.

6.2.4   If these three criteria/conditions do not exist, or if, upon internal posting, no qualified candidates apply, then the department will consider external candidates.

6.3   Procedures.

6.3.1   The component institutions shall establish procedures to conduct internal job postings. Those procedures shall include (a) a formal request to Human Resources to post internally; (b) a means to designate the position as an internal promotional opportunity; (c) a minimum posting notice that complies with policies established in USY V.C.

6.3.2   Where an internal candidate exists within the department the posting may indicate "internal candidate exists as of this posting date" if a candidate has indicated a desire to apply.

6.3.3   Applications, resumes and appointments will be reviewed using the same process as any other selection procedure.

F. Compensation

1.   Authority. The Board of Trustees (BOT) authorizes the Chancellor, in coordination with the Administrative Board, to establish a job evaluation system, compensation policies, and compensation guidelines for annual increases and the principals and standards for distribution, except as noted below. These shall comply with state and federal legislation, and shall be established and implemented to promote the goals of internal equity, reward for meritorious performance, effective recruitment, and retention of employees.

1.1   Definition of Compensation. For status appointments (see USY V.C.6.2.4), compensation is defined as base salary paid as regular budgeted earnings. Benefit contributions are made only on base salary, not on additional pay with the exception of performance bonuses and over-range maximum bonuses. (See USY V.F.7.1)

1.1.1   For adjunct appointments (see USY V.C.6.2.4.2), compensation is defined as remuneration for services performed during a specific appointment period.

1.2   Classification and Pay Ranges. The BOT authorizes the Chancellor to establish a set of pay ranges and classification assignments for non-faculty exempt and non-exempt employees, Academic Administrators, and Extension Educators. The USNH Chief Human Resources Officer shall be responsible for establishment and maintenance of the pay program. Faculty salary levels and ranges shall be set by individual institutional authority, unless covered by Collective Bargaining Agreements (CBAs).

1.3   Additional Pay Policies. The BOT authorizes the Chancellor to establish compensation policies relating to hours worked, work in excess of regularly classified and compensated work, holiday pay, shift differentials and policy for payment of hourly adjunct employment.

2.   Job Evaluation.

2.1   Authority/Evaluation System. The Chancellor shall establish a job evaluation system for non-faculty exempt and non-exempt positions. The basis of the job evaluation system shall be the content of the position. The USNH Office of Human Resources shall be responsible for the methodology and maintenance of job evaluation standards and is authorized to make adjustments to those methods and standards. Any overall change of job evaluation or purchase of a new system shall be approved by the Chancellor in conjunction with the Administrative Board.

2.2   Job Content and Organizational Structure. Each institution shall be responsible for organizing its tasks, jobs, and organizational structure. Each shall have the authority to restructure organizations and job content to meet institutional needs and to fulfill the institutional mission. Human Resources shall be responsible for monitoring and maintaining job descriptions.

2.3   Administration.

2.3.1   Each Human Resources at each institution is authorized to classify all non-faculty positions using the job evaluation system established in USY V.F.2.

2.3.2   The University of New Hampshire is authorized to establish the classifications of the Extension Educator ranks.

2.3.3   The BOT as defined by Trustee policy shall be the sole authority for the classification and establishment of positions as Executive Officers.

2.4   Designations. The job evaluation method for exempt positions shall include the designation of either AMS (Administrative, Managerial, and Supervisory), or Generic.

2.4.1   AMS shall normally include director level positions and will mean that a point-factor process of job evaluations is utilized.

2.4.2   Generic shall normally include specialists and professionals and will mean that a generic classification and market-based method of job evaluation is utilized.

3.   Establishment of Pay Ranges.

3.1   Pay Ranges.

3.1.1   Wage and Salary Schedules, including hourly rates for non-exempt employees and annual rates for exempt employees, will be established by USNH Human Resources.

3.1.2   Each pay range consists of minimum and maximum dollar amounts at each end of the scale. The pay range minimum is the lowest pay rate for all jobs in a particular range, and the pay range maximum is the highest rate employees may attain for all jobs in that pay range.

3.1.3   USNH Human Resources will revise pay ranges whenever necessitated by operational requirements. This usually occurs when an across-the-board pay adjustment is implemented for employees.

3.1.4   A wage schedule for adjunct appointments will be established and revised periodically by USNH Human Resources. Minimum and maximum hourly rates are included for various categories of suggested skills and services.

3.2   Assignment of Classified Jobs to Pay Ranges.

3.2.1   Generic classifications are assigned to a specific pay range by utilizing compensation studies to compare the salary survey market range midpoint for a like job to the closest matching USNH range midpoint. If directly related compensation data is unavailable, the classification will be assigned to a range by taking into account:

3.2.1.1   Similarity of managerial responsibilities and/or professional expertise with other comparable classifications within USNH.

3.2.1.2   Similarity of background requirements, education and experience with other comparable USNH classifications.

3.2.2   AMS classifications are assigned to a pay range through the use of an evaluation plan or rating system in which points are given to specific degrees of responsibility for each job factor within five main evaluation areas. The points accrued are totaled and averaged, and assignment is made to the AMS Band containing the appropriate point spread. Each Band contains two or three progressive pay ranges; the choice of the appropriate range within the Band is left to the institution.

4.   Determination of Exempt/Non-Exempt Status.

4.1   Every job shall be designated as exempt or non-exempt as defined by the Fair Labor Standards Act. Human Resources shall be responsible for making such determinations in consultation with USNH Human Resources.

5.   Pay by the Hour Policies (Pertains to Non-Exempt Pay Policies).

5.1   Hours Worked.

5.1.1   Definition and Authority. The workweek begins on Saturday and ends on Friday. The standard workweek is either 37.5 or 40 hours as determined by operational needs. Authority to determine what constitutes time worked to comply with FLSA resides with Human Resources with advice from USNH Human Resources as appropriate.

5.1.2   Records. Human Resources is responsible for maintaining time and attendance records, which must be completed by the employee and approved by the supervisor.

5.1.3   Work Schedules. The supervisor may not change an employee's regular work schedule without prior approval by Human Resources. When this occurs, the supervisor must give reasonable (normally defined to be thirty [30] calendar days) advance notice to the employee. This policy is intended to cover permanent or major changes, and is not intended to prohibit flexibility in dealing with ad-hoc/short-term needs. (See USY V.C.6.2.5.1.4)

5.1.4   Rest Periods. Each full-time employee is allowed to take two 15-minute rest periods per day away from their job, which are considered time worked. The immediate supervisor will determine when rest periods may occur. Rest periods are not cumulative.

5.1.5   Meal Periods. All employees are entitled to take a daily meal period at a time consistent with operational needs, which is considered as time not worked. Meal periods normally last for one hour, but may be scheduled for a shorter period by the supervisor who usually determines a consistent meal period schedule and the time allotted. By state law, no employee may work more than five consecutive hours without an unpaid half-hour meal break, except if it is feasible for the employee to eat during the performance of their work, and the employer permits them to do so. Each USNH institution will establish a process for documenting such agreements. Human Resources should be consulted if questions arise about conformance with the law.

5.2   Paid Holiday Leave.

5.2.1   Eligibility. To receive paid holiday leave, an employee must hold a status appointment; their appointment dates must encompass the holiday, and they must not be in a leave without pay situation immediately prior to or following the holiday. If an employee is on paid leave when a designated holiday occurs, they will receive paid holiday leave, and the time will not be charged as Earned Time.

5.2.2   Payment. All full-time eligible status employees receive holiday leave amounting to their base hourly rate multiplied by their usual daily hours not to exceed eight hours (for percent time staff see below). The eleven paid USNH holidays equal a maximum of 82.5 hours of paid holiday leave hours per calendar year for full-time non-exempt on a 37.5 hour work week schedule and 88 paid holiday leave hours for those on a 40 hour work week schedule.

5.2.2.1   Non-Exempt with percent time appointments. Each case is individualized, based on the employee's appointment dates, working schedule, and when the holidays fall as per below:

5.2.2.1.1   Flex-time appointments. Those employees whose appointment dates cover the full fiscal year (the 12 month period from July 1 - June 30), but are less than 100%, will have their appointment percentage applied to the holiday leave hours for the week within which the holiday falls. For example, a 75% fiscal year (July 1 - June 30) appointment within which an employee works three eight hour days and one six hour day each week of the fiscal year, would receive 75% of eight hours (i.e., six hours) of paid holiday leave during a week with one holiday.

5.2.2.1.2   Flex-Year appointments. Those employees whose appointment dates do not cover the entire fiscal year will have the percent-time of their work hours for the work week in which the holiday falls applied to the holiday hours as long as the holiday falls within the employee's appointment dates. For example, an 80% appointment within which an employee works full-time (eight hours a day) from August 11 – May 28 would have the percentage of their work hours for the week in which the holiday falls (100%) applied to the holiday hours (eight hours).

5.2.2.2    A holiday is counted as a day worked for the purpose of computing overtime pay (see USY V.F.7.3.1).

5.3   Curtailed Operations may be declared and authorized by the Campus Chief Executive Officer (or their designee) in the event of an emergency or extreme weather conditions. In such situations, status non-exempt employees may be directed to perform assignments, come in late, leave early, or not come in at all as applicable to the period of Curtailed Operations and shifts specified. Curtailed Operations may be a partial closure of the institution or a full closure. A period of Curtailed Operations of seven (7) calendar days or less is considered short duration. Under Emergency Response, Curtailed Operations may be declared for a longer period of time (see USY V.D.14).

5.3.1   Essential Personnel. Each institution may designate and maintain a list of employees who are necessary for operations through weather or other emergency conditions. Such employees will continue to be required to receive supervisory approval for weather/emergency related absences.

5.3.2   Monetary Payment for Curtailed Operations of Short Duration.

5.3.2.1   If a status non-exempt employee does not report to work due to weather conditions and curtailed operations is declared, the employee shall charge their Earned Time for any work hours not covered by the Curtailed Operations.

5.3.2.2   Status employees are entitled to pay for the day if all of the following conditions exist:

No more than two hours of their shift occur after the end of Curtailed Operations.

The employee has not previously requested the use of Earned Time for the scheduled hours.

5.3.2.3   Status employees not directed to leave early or come in late will receive their regular pay for the regularly scheduled hours worked plus equal compensatory time off later.

5.3.2.4   In certain operations requiring continuous 24-hour service, employees may be authorized payment instead of equal time off.

5.3.3   Absences Not Covered By Curtailed Operations Pay. In cases of marginal weather conditions when operations are not formally curtailed, employees who do not report to work at a specified time or choose to leave work early will be required to contact their supervisor and use Earned Time or leave without pay.

6.   Salary/Pay.

6.1   Definition. Employees who are exempt, as determined by the provisions of the Fair Labor Standards Act, are paid by salary. Exempt employees are expected to work those hours which are necessary to accomplish effectively the objectives of the position. When excessive hours are consistently required of an employee in the regular job, the supervisor and employee should mutually discuss a resolution around the needs and responsibilities of the job and appropriate administrative options using Human Resources as a resource.

6.2   Holiday Pay. Employees who are exempt from the provisions of the Fair Labor Standards Act are eligible to receive holiday pay if the holiday falls within their appointment dates. Compensation for holiday pay is based on their usual daily salary. If the employee is in a position requiring that they work on a designated holiday, arrangements should be made with the supervisor to take a day off with pay at a mutually agreeable time.

6.3   Curtailed Operations may be declared and authorized by the Campus Chief Executive Officer (or their designee) in the event of an emergency or extreme weather conditions. In such situations, status exempt employees may be directed to telework, perform assignments, come in late, or leave early, as applicable to the period of Curtailed Operations. Curtailed Operations may be a partial closure of the institution or a full closure. A period of Curtailed Operations of seven (7) calendar days or less is considered short duration. Under Emergency Response, Curtailed Operations may be declared for a longer period of time (see USY V.D.14).

6.3.1   Essential Personnel. Each institution may designate and maintain a list of employees who are necessary for operations through weather or other emergency conditions. Such personnel will continue to be required to receive supervisory approval for weather/emergency related absences.

6.3.2   Monetary Payment for Curtailed Operations of Short Duration. If an employee does not report to work due to weather conditions and Curtailed Operations is declared, the employee shall charge their leave time for any day or half-day not covered by the Curtailed Operations if the employee has not previously requested the use of Sick Leave or Vacation Leave for the scheduled time.

7.   Additional Pay.

7.1   Definition. Additional pay is extra compensation that is paid to a status employee above salary paid as regular budgeted earnings. Employee benefit contributions are not made on additional pay, except FICA, performance bonuses, and above range maximum bonuses. There are three categories of additional pay which may be either inside or outside the regular appointment period: Hourly-based for Services, Salary-based for Services, and Additional Pay for Recognition (described in USY V.F.7.3, 7.4, and 7.5). Appointments which may involve additional pay are also referenced in USY V.C.6. Some additional pay applies to adjunct employees. In those situations, the applicability is referenced under the specific type of additional pay.

7.2   Conditions for Review and Approval of Additional Pay.

7.2.1   All categories of hourly-based additional pay for services (USY V.F.7.3) require prior approval by the status position supervisor as well as those approvals noted in the particular policy section below. Institutional policy may dictate additional procedures as well as specify that some on-going payments, such as shift differential, need not be approved at each event or each pay period.

7.2.2   All categories of salary-based additional pay for services (USY V.F.7.4) shall be subject to an approval process determined by institutional policy which shall include the following:

7.2.2.1   At a minimum, the supervisor shall be made aware of all such additional payments, and policy may require prior approval.

7.2.2.2   Categories of pay inside the appointment period, described in USY V.F.7.4.2 and USY V.F.7.4.4, shall require prior approval by the supervisor and at least one of the following offices: the Office of the President, the appropriate Vice President, or Human Resources, or their designees as determined by institutional policy or procedure. Institutional policy may also require additional approvals, such as those by the Office of Sponsored Research.

7.2.2.3   Categories of pay outside the appointment period, described in USY V.F.7.4.1 and USY V.F.7.4.3, will have approval processes described by institutional policy. A single approval may be sufficient.

7.2.3   Categories of additional pay for recognition (USY V.F.7.5) shall have approval processes determined by institutional policy. That approval process must include at least one central institutional administrative office. Institutional policy may also require additional approvals such as those by the Office of Sponsored Research.

7.2.3.1   Exception. Longevity (USY V.F.7.5.8) shall require only a review of the calendar years of service by Human Resources.

7.2.4   Other conditions. Any approvals for additional pay for services within the appointment period described in USY V.F.7.4.2 and/or USY V.F.7.4.4 must include documentation that the payment is for services performed outside the duties and responsibilities of the employee's classification. In the case of Executive Officers, Academic Administrators, Librarians, Exempt Employees, Extension Educators and Non-Exempt Employees, the absence from the regular job duties shall be accounted for through the use of documented Vacation/Earned Time or other such appropriate arrangements made and documented with the supervisor in advance. Furthermore, any additional pay for other services requires advance approval of the institution's Chief Executive Officer; or, in the case of CEO's, the Executive Committee of the BOT.

7.3   Hourly-based Additional Pay for Services for adjunct appointments. In addition to approvals noted in the sections below, all categories of non-exempt additional pay for services require prior approval by the supervisor as noted above in USY V.F.7.2.

7.3.1   Overtime Pay. Time worked, by status and adjunct employees, in excess of 40 hours in any week is paid at one and one-half times the regular rate of pay (USY V.F.7.3.1.1). The hours worked in all jobs must be paid by the hour and combined for calculation of overtime. The only exception is when the additional job is teaching a credit course. For employees who work a 7.5 hour day or a 37.5 hour work week, the first 2.5 hours per week are paid at their base hourly rate. For status employees, a paid holiday leave day is counted as a day worked for the purpose of computing overtime pay.

7.3.1.1   Regular Rate of Pay. Determination of regular rate of pay for the purpose of complying with FLSA requires that certain types of salary increments be included with the base rate when computing the regular rate of hourly pay for overtime purposes. These increments are shift differential, weekend differential, longevity and stand-by pay, as applicable.

7.3.1.2   Pay for Scheduled Work on a Holiday. Status employees who, prior to the holiday, are scheduled to work on an authorized holiday are paid at one and one-half times the base rate for all hours worked (see USY V.A.4.9.2) in addition to their paid holiday leave.

7.3.1.2.1   Pay for Call-in on Holidays. Status employess who were not scheduled to work on an authorized holiday, but who do so at the request of their supervisor, are compensated at double the base pay rate for the hours worked with a guaranteed minimum of three hours. This compensation shall be in addition to any holiday leave pay they would have received without working.

7.3.1.3   Compensatory Time. If permitted by institutional policy, compensation for overtime for status employees may be in the form of compensatory time off in lieu of a monetary payment. Such compensatory time will be at one and one-half hour for each hour of overtime worked in excess of 40 hours in one week. For employees who work a 7.5 hour day or a 37.5 hour work week, compensatory time off for the first half hour of extra work per day, or the first 2.5 hours per week will be at an hour-for-hour rate. Compensatory time may only be applied to status appointments and may not be applied if the overtime is a result of an employee having both a status and adjunct appointment.

7.3.1.3.1   Agreement. Compensatory time must be the result of a mutual agreement between the employee and supervisor prior to the performance of the work without any coercion or pressure by the supervisor.

7.3.1.3.2   Accumulation. In general, employees may accumulate up to 240 hours of compensatory time with the exception of those engaged in public safety work who may accumulate 480 hours as applicable. Since compensatory time may not be carried from one fiscal year to another, employees should be permitted to take accumulated compensatory time off within a reasonable period of time after the overtime is worked.

7.3.1.3.3   Monetary Payment. Compensatory time will be paid off in cash prior to or on June 30 of each year. If an employee terminates or transfers to another department, cash payment will be made for accumulated compensatory time based either on the average regular rate of pay over the last three years or the final regular rate of pay, whichever is higher.

7.3.1.3.4   Records. Unless otherwise specified by the institution, the supervisor is responsible for maintaining records. Records of compensatory time must be maintained and preserved to include:

  • Number of compensatory hours earned each work week by each employee
  • Number of compensatory hours used each work week by each employee
  • Number of hours of compensatory time paid in cash
  • For law enforcement personnel, an indication of the work week period for each employee

7.3.2   Stand-by Pay. Compensation paid to those status and adjunct employees who are specifically required in writing by their supervisors to restrict their travel and consumption of alcoholic beverages during non-working hours. The purpose of such restrictions is for the institution to be able to provide an immediate and safe response to any emergency situations. Such payment is limited to operations that are designated as essential services by the institution.

7.3.2.1   Monetary Payment. Stand-by compensation is paid on a per hour basis at a rate determined by the decision of each USNH institution within a range established by USNH Human Resources, to a maximum of $30 per day.

7.3.2.2   Guidelines. The receipt of stand-by compensation is not contingent upon being asked to come in to work since the employee is being compensated for the inconvenience factor. However, if requested to come in while on stand-by, the employee shall be paid their base hourly rate for the time actually worked plus overtime when appropriate with a guaranteed minimum of two hours. If the work is performed via teleworking from home, the hours worked are paid and overtime applied as appropriate, but the two-hour minimum is not applicable. In all instances, stand-by compensation will also be included.

7.3.3   Callback Pay. Compensation paid to a status or adjunct employee who is called back to work after having completed scheduled work hours and at a time which precedes the start of the next regular working day. This pay compensates an employee for the inconvenience of leaving their residence to return to work and returning to their residence after completion of the required tasks.

7.3.3.1   Monetary Payment. Compensation for callback to work is one and one-half times the base pay rate for the hours worked with a guaranteed minimum of three hours pay. If the work is performed via teleworking from home, the hours worked are paid at one and one-half times the base pay rate, but the three-hour minimum is not applicable.

7.3.3.1.1   Exception. If an employee is called back to begin work before their normal shift time and continues working into their regular shift, compensation for such work is not considered to be callback pay, and normal overtime policies will apply.

7.3.4   Shift Differentials. Extra compensation paid to employees who are assigned by their department to work shift hours (as defined below) as part of their base work week hours. Shift differentials will apply to basic work hours assigned to the following time frames:

7.3.4.1   Second shift which commences anytime at/or after 3 p.m., or before 8 p.m. Payment will include an increase of $.30 per hour in addition to the base hourly rate. (Note: The shift payment rate for the entire shift is determined by the beginning time of the shift.)

7.3.4.2   Third shift which commences any time at/or after 8 p.m. or before 4 a.m. Payment will include an increase of $.35 per hour in addition to the base hourly rate. (Note: The shift payment rate for the entire shift is determined by the beginning time of the shift.)

7.3.4.3   Weekend shift which occurs when an employee works on Saturday or Sunday as part of their base work hours. Payment will include a weekend differential of $.25 per hour in addition to the base hourly rate. Second or third shift differentials as outlined above will also be paid when applicable. (Note: Weekend work hours are defined as Friday midnight through Sunday midnight.)

7.3.4.4   Adjunct employees, including student workers, are not eligible for mandated shift as described above. Hourly and non-continuing staff may be hired at hourly rates which reflect the impact of recruiting for difficult shift periods.

7.3.5   Pay for Adjunct Hourly Appointments. The pay rate is determined by the type of adjunct appointment (see USY V.C.6). It is expected that the hours worked in the adjunct appointment will be outside the status employee's normal work hours/day. If the work occurs during the employee's regular work day, the employee may, only with the concurrence of the supervisor, perform the adjunct work during the regular work day and either use Earned Time/Vacation Leave or make up the hours through a documented agreement with the supervisor.

7.3.6   Pay in Lieu of Holiday Leave. When a designated holiday falls on a full-time status employee's regularly scheduled day off, they may take the same number of holiday hours off with pay during the same or following week; or, if approved by the supervisor, collect the value of the holiday at the employee's regular rate as additional compensation (for percent-time staff see USY V.F.5.2.2.1). Such payment is not counted as time worked for FLSA overtime purposes.

7.3.6.1   When status employees, such as dining or other service employees, are temporarily laid off because of an academic break period containing a designated holiday, such as Thanksgiving or Christmas, and are recalled immediately following the break, they may collect holiday pay only if they worked or were on approved paid absence on the last scheduled work day before and first scheduled work day after the break.

7.4   Salary-based Additional Pay for Services -- by Event, Project, or Course. All categories of exempt additional pay for services shall be subject to an approval process as outlined in USY V.F.7.2 (See also USY V.D.7.1-10).

7.4.1   Faculty Non-appointment Period Supplemental Payments. Compensation paid for teaching or services for an event or project which occurs outside the faculty member's base appointment period.

7.4.1.1   Faculty Supplemental Pay. Pay for work on a sponsored project, administrative stipend (summer only), or other activities that are performed outside the faculty member's academic year appointment dates. Time and pay limitations are determined by system/institutional policy and, where applicable, CBAs and/or sponsor regulations for sponsored projects (see UNH V.F.7.3.6).

7.4.1.2   Summer Pay. Applicable only to academic year faculty, summer pay is for USNH administered summer period activities, including teaching, effort on internally and externally sponsored projects, and administrative work. Time and pay limitations are determined by system/institutional policy and, where applicable, CBAs and/or sponsor regulations for sponsored projects (see UNH V.F.7.3.5).

7.4.2   Faculty Supplemental Pay during the Appointment Period. Compensation for teaching or providing services for an event or project that is not included in the regularly assigned workload of the faculty member. This includes teaching overload courses in the faculty member's academic division, teaching for Continuing Education, institutes and all other USNH institutions, or work on sponsored projects, which occur during the faculty member's academic or fiscal year appointment period. Time and pay limitations are determined by system/institutional policy and, where applicable, CBAs and/or sponsor regulations for sponsored projects (see UNH V.F.7.3.6).

7.4.2.1   Faculty Administrative Stipend. Pay for administrative services performed, such as acting appointments, department/program chair, center/program director, and special projects assigned as overload. Time and pay limitations are determined by system/institutional policy and, where applicable, CBAs and/or sponsor regulations for sponsored projects (see UNH V.F.7.3.2).

7.4.3   Payment for Work Outside the Normal Appointment Period. Compensation made for services rendered to USNH which are not included in the duties and responsibilities as outlined in the employee's classification and which are performed outside the employee's normal work period (e.g. outside daily work period, weekends, or outside the flex appointment).

7.4.4   Payment for Work Inside the Appointment Period. Compensation made for services rendered to USNH which are not included in the duties and responsibilities as outlined in the employee's classification, and which are performed inside the employee's normal work period.

7.5   Additional Pay -- Recognition, Recruitment, Other. These categories of additional pay shall have approval processes as described in USY V.F.7.2.

7.5.1   Bonus. Compensation awarded to status and adjunct employees to recognize contribution, extraordinary effort, attainment of skills at the end of an introductory period, or for assuming for a period of time extra duties which are not included in the duties and responsibilities as outlined in the employee's classification.

7.5.2   Transition Payment. Compensation paid a faculty or exempt employee as part of a recruiting effort intended to provide payment for items such as relocation costs that may not be eligible for direct reimbursement under IRS and/or USNH guidelines. (Information regarding the transition payment form can be found on the USNH Financial Services website.)

7.5.3   Acting Appointment Stipend. Compensation paid to an employee who assumes some higher level responsibilities of a vacant position for a period of time, typically a period of six months or less, while retaining the benefits and a significant portion of the duties and responsibilities of their status position. (See also "bonus" (USY V.F.7.5.1) and "interim appointment" (USY V.F.8.6)).

7.5.4   Temporary Upgrade. A temporary upgrade is for a period of six months or less and may occur when an employee is temporarily assigned duties and responsibilities that clearly exceed the established duties and responsibilities of the classification of their status position. Such action may include a change in title and/or the need for additional compensation. The payment of compensation may be made during the period of the temporary assignment or may be in the form of a bonus at the end of such service.

7.5.5   Temporary Increase in Percent Time. A temporary increase in percent time is for a period of six months or less and occurs when an employee is temporarily assigned an ongoing increase in hours/days of work. Compensation for the extra time worked, based on the employee’s regular hourly/annual rate, will be provided during the period of the temporary increase in percent-time.

7.5.6   Honorarium. An honorarium is an award that may be provided to a status or adjunct faculty employee by USNH as a token of its appreciation and is often associated with the employee serving as a distinguished or keynote speaker for a special lecture, symposium, or workshop. Honoraria are compensated by a one-time, non-negotiable cash payment to a recipient and are unrelated to the employee's base rate of pay. (Please see Procedure 08-008, Awards, Gifts, and Prizes, for specifics regarding payments and taxes.)

7.5.6.1   Honorariums for Non-resident Aliens. Due to strict federal regulations related to non-resident aliens, any honorarium to a non-resident alien must be pre-approved by Human Resources or its designee.

7.5.7   Award. An award is defined as a one-time payment to an employee awarded by the institution in recognition of special achievement. (Please see Procedure 08-008, Awards, Gifts, and Prizes, for specifics regarding payments and taxes. For non-cash awards, see USY V.F.10.4.4).

7.5.8   Longevity Pay -- Applicable only to status Non-Exempt employees with current status employment start dates prior to July 1, 2011. It is an extra pay increment awarded to status Non-Exempt employees each pay period to recognize length of service to USNH. To conform to FLSA regulations, longevity payments are included in the regular rate for the purpose of computing overtime.

7.5.8.1   Increments. Longevity increments for Non-Exempt employees are as follows:

  • On completion of 10 years service--2%
  • On completion of 15 years service--4%
  • On completion of 20 years service--6%
  • On completion of 25 years service--8%
  • On completion of 30 years service--10%

7.5.8.2   Determination of Length of Service. For longevity purposes, a year of service will be equal to a calendar year of status employment, i.e. 12 consecutive months from date of hire equals one calendar year. If an employee held a status flex-year appointment of 75% for 10 years, the total years of service for longevity purposes would be 10 years.

7.5.8.3   Calculation of Longevity Increment. The longevity increment, awarded each pay period, is calculated by multiplying the base pay for that pay period by the longevity percentage.

7.5.8.4   Beginning Accrual. Length of employment will start from the first day of status employment of at least 75% time.

7.5.8.5   Effective Date. Longevity increments shall be effective on the employee's anniversary date of status employment.

7.5.9   Payment of Accrued Earned Time and Vacation Leave. Any Earned Time and Vacation Leave paid at retirement, termination, or paid as a result of a status change, such as from exempt to non-exempt, or a policy exception, is considered additional pay. (See USY V.A.4.8 & USY V.A.4.9.9 for Earned Time and USY V.A.4.10.6 & USY V.A.4.10.8 for exempt staff.)

8.   Initial Salary Policy.

8.1   Starting Salary.

8.1.1   Authority. The BOT delegates to the campus CEOs the authority to establish starting salaries for exempt/non-exempt employees. The responsibility for approving salaries that fall within the guidelines in USY V.F.8.1.2. is delegated to Human Resources after consultation with appropriate deans or directors.

8.1.2   Exempt/Non-Exempt Employees (Exempt category includes Extension Educators)

8.1.2.1   The starting salary of a new employee having only the minimum qualifications for the classification will normally not exceed the range minimum.

8.1.2.2    With documentation showing qualifications far in excess of the minimum, the CEO, or their designee, may authorize hiring hourly rates for Non-Exempt employees above the first quartile.

8.1.2.3   If a new employee has academic preparation and/or directly related experience in excess of the minimum acceptable qualifications for the job, a guideline of five percent for each applicable year of education, training or directly related experience may be added to the minimum. In no instance shall an employee be hired above the job range maximum, see USY V.F.3.1.2.

8.1.3   Faculty.

8.1.3.1   Authority. The BOT delegates to the campus CEO the authority to establish starting salaries for all new faculty members. The responsibility for determining the starting salary is delegated to either the campus Human Resources Officer and/or the Chief Academic Officer after consultation with appropriate deans, department chairs or directors. Such consultation will include appropriate market data. Where applicable, such consultation will conform to CBAs.

8.1.4   Executive Officers. For Chief Executive Officers (CEOs), the Chief Academic Officers (CAOs), and the highest ranking financial or administrative officer at each of the institutions, see BOT V.F.2; for all other Executive Officers, see USY V.F.11.

8.2   Promotion.

8.2.1   Authority. Human Resources is delegated the responsibility for determining salaries for promotions based on the guidelines set forth in USY V.F.8.2.3 through USY V.F.8.2.7.

8.2.2   Definition. A promotion is an assignment to a vacant position with a higher salary range. An employee has the right to pursue and be considered for employment opportunities throughout USNH without prejudice to their current responsibilities. Promotions will be made on the basis of individual merit and qualifications.

8.2.3   Starting Salary. The starting salary and placement within the new range for an employee will be based on the individual's own qualifications and the guidelines and philosophy for starting salary as outlined in USY V.F.8.1, not on the individual's placement in the former range.

8.2.4   Eligibility for Promotion. Employees on an initial introductory period are not normally eligible for promotion until the end of the introductory period.

8.2.5   Service Credit. Employees who are promoted to a different position, either within the same institution or to another, will suffer no loss of service credit or benefits.

8.2.6   Non-Exempt to Exempt. In cases of promotion from non-exempt to exempt employment the following guidelines should be considered in determining the appropriate salary.

8.2.6.1   If on a 37.5-hour week, the employee's current salary should be converted to a 40-hour weekly equivalent.

8.2.6.2   Since exempt employees do not receive longevity, the longevity increment, if applicable, should be added to the new salary base.

8.2.6.3   After these computations have been made, final placement within the new salary range should be made in accordance with salary guidelines shown in USY V.F.8.2.3.

8.3   Transfer.

8.3.1   Authority. Human Resources is delegated the responsibility of approving all transfers before commitments are made and for determining salaries based on the guidelines set forth in USY V.F.8.3.3.

8.3.2   Definition. A transfer is the voluntary acceptance of another position within USNH, or a reclassification, to a classification in a lower or the same pay range, and will normally effect no change in service date or benefits for the employee.

8.3.3   Transfer salary. At the time of transfer, Human Resources, in conjunction with the hiring department, will determine the employee's salary at the time of transfer, based on the employee's qualifications and the guidelines and philosophy for starting salary (USY V.F.8.1) as well as the philosophy described in compensation for equity (USY V.F.9.4). This salary will be communicated in writing to the employee at the time of transfer.

8.3.3.1    If the transfer results in no change or a higher salary or rate of pay, the new/continuing salary or rate of pay increase can be immediate.

8.3.3.2    If the transfer is involuntary and results in a lower salary, there will be a transition period of not less than three months during which the hourly or salary rate of the employee will be maintained at their current rate. The transition period is inclusive of any notice period in cases where the employee is a successful candidate in a search.

8.3.4   Eligibility for transfer. Employees in an introductory period are not normally eligible for transfer until the end of the introductory period.

8.3.5   Non-Exempt to Exempt. In cases of a transfer from Non-Exempt to Exempt employment, the following guidelines should be considered in determining the appropriate salary.

8.3.5.1   If on a 37.5-hour week, the employee's current salary should be converted to a 40-hour weekly equivalent.

8.3.5.2   Since exempt employees do not receive longevity, the longevity increment, if applicable, should be added to the new salary base.

8.3.5.3   After these computations have been made, final placement within the new salary range should be made in accordance with salary guidelines in USY V.F.8.3.3.

8.4   Reclassification.

8.4.1   Authority. The Administrative Board has delegated the responsibility for classification to each institution's Human Resources Office.

8.4.2   Definition. A reclassification is the reassignment of a position to another generic or AMS classification which is based on changes in the duties and responsibilities of the job since its last review. If a position is reclassified, it may be assigned to either the same, a higher or lower range within the salary schedule.

8.4.2.1   Approval. The supervisor through the department head makes requests for approval of exempt classification reviews to the appropriate administrator as per institutional procedure.

8.4.2.2   Appeals. Classification determinations by the institution's Classification Committee may be appealed either in writing or through a personal appearance by the supervisor at one of the Committee meetings. Such appeals must contain additional information that was not included for the initial review.

8.4.3   Reclassification Pay Changes. A position reclassification may result in an increase, decrease or maintenance of earning potential. The employee's placement and salary level within the new range will be determined by Human Resources.

8.4.3.1   Non-exempt to exempt. In cases of reclassification from a non-exempt to exempt position, the appropriate salary adjustment is determined as follows:

8.4.3.1.1   If on a 37.5-hour week, the employee's current salary should be converted to a 40-hour weekly equivalent.

8.4.3.1.2   Since exempt employees do not receive longevity, the longevity increment, if applicable, should be added to the new salary base.

8.4.3.1.3   After these computations have been made, final placement within the new salary range should be made in accordance with USY V.F.8.4.3.

8.4.3.2   Maintenance of Former Salary. At the time of reclassification, the former salary level may be retained when the new classification assignment is to a pay range that is either lower or the same or the former salary is at the median of the new classification.

8.4.3.3   Limitations. In all reclassifications, the employee may not be paid less than the minimum or more than the maximum of the new pay range.

8.4.3.3.1   Exceptions. In circumstances where the current salary or hourly rate is above the maximum of the new pay range, the salary or hourly rate will be maintained until such time as the pay range increases to encompass the salary/hourly rate, or maintained for a period of one year from the date of the reclassification.

8.5   Demotion.

8.5.1   Authority. Human Resources is delegated the responsibility: (a) of approving all demotions before commitments are made, and (b) for determining salaries and transition period based on the guidelines set forth in USY V.F.8.5.3-4.

8.5.2   Definition. A demotion is the involuntary change of an employee to a lower pay range and may occur as a result of: (1) the assignment of an employee to a position in a classification with a lower pay range than the employee's former position; or (2) a reclassification when the position is assigned a classification in a lower pay range than the previous classification. Demotion is not recommended for any individual who has not yet completed the initial introductory period (see USY V.C.8.4).

8.5.3   Salary. At the time of the demotion, an employee's salary may be maintained, or it may be reduced following a transition period (see USY V.F.8.5.4). Human Resources will be involved in determining the employee's salary. This salary will be communicated in writing to the employee at the time of the transition.

8.5.3.1   If the employee's hourly or salary rate at the time of demotion exceeds the new pay range, the new range maximum will normally be assigned. However, Human Resources may authorize a salary over the range maximum when warranted by such considerations as the employee's length of service and institutional desirability of the transition.

8.5.4   Transition period salary. If the hourly or salary rate of the employee will be reduced as a result of the demotion, their current rate will be maintained for a transition period of not less than three months, and normally not more than one year. The length of time of the transition period is determined by the hiring department in consultation with Human Resources and will consider such factors as equity, the employee's length of service, and the institutional desirability of the transition.

8.6   Interim Appointment.

8.6.1   Authority. Interim appointments are made at the initiation of the institution and each institution's Human Resources Office is delegated the responsibility for employment actions involving interim appointments.

8.6.2   Definition. Interim appointments are applicable to status positions which are vacant or created to fill a need for a specific appointment period. An interim appointment may be filled by an internal employee or an external hire. If the appointment is internal, the employee appointed does not retain a significant proportion of their permanent status position's duties/responsibilities.

8.6.3   Length of appointment is normally for six months or more.

8.6.4   The hourly rate/salary for the appointment will be determined by the position's supervisor in consultation with Human Resources. At the termination of the interim appointment, the internal employee will return to their permanent status position and compensation with any salary increases added that might have occurred during the period of the interim appointment.

9.   Other Types of Salary Adjustments.

9.1   Across-the-Board Increase.

9.1.1   Definition. An Across-the-Board increase is an annualized, fixed percentage amount that is applied to all pay ranges and to salaries of all employees except those listed as exceptions in compensation guidelines. All Across-the-Board increases are dependent upon the availability of funds allocated for that purpose. As referenced in the compensation guidelines, Across-the-Board increases are withheld in certain circumstances including cases of poor performance as determined by the supervisor in consultation with Human Resources.

9.2   General Increase

9.2.1   Definition. A General Increase is a percentage or an annualized amount (the amount may differ by occupational type) which is applied to all employees' salaries except those listed as exceptions in compensation guidelines or those excluded by provisions of CBAs. However, application of a General Increase shall not result in an employee's salary exceeding its assigned pay range maximum. All General Increases are dependent upon the availability of funds allocated for that purpose. As referenced in the compensation guidelines, General Increases are withheld in certain circumstances including cases of poor performance as determined by the supervisor in consultation with Human Resources.

9.3   Market Equity Range Change. When salary survey data indicates that the range assignment of a particular classification is no longer competitive, Human Resources, in conjunction with the USNH Chief Human Resources Officer may move the classification and employees in it to a higher salary range.

9.3.1   Exempt Positions. Exempt classifications may be applicable or relevant to other positions at more than one institution. Each institution must agree to the range change prior to approval.

9.3.2   Non-Exempt Positions. Since non-exempt range changes are based primarily on local survey data, range changes for non-exempt classifications require the approval of the singular institution in that particular location, with the concurrence of USNH Human Resources.

9.3.3   Monetary Considerations.

9.3.3.1   The range may be moved with or without an accompanying salary adjustment to employees in the classification; however, those employees whose salary falls below the new range minimum must be adjusted to the minimum.

9.3.3.2   If a salary adjustment is given to an exempt classification, the percentage need not be the same for each institution, but normally should be equal for all in the same classification within the institution.

9.3.3.3   The amount of the salary increase is not to exceed 10% and is dependent on such factors as the severity of recruitment problems, actual incumbent salaries and consideration of seniority in the classification.

9.3.3.4   The monetary source for all market equity range change increases is dependent on the availability of funds.

9.4   Equity Adjustment.

9.4.1   Authority. The CEO has the authority to award equity adjustments in any amount to exempt and non-exempt employees. Such increases are dependent on the availability of funds.

9.4.2   Definition. An equity adjustment is a salary increase that may be granted to an employee when a responsible administrator in conjunction with Human Resources, recognizes an inconsistency in an employee's compensation that should be corrected when either of the following conditions exists:

9.4.2.1   An internal equity adjustment may be appropriate when salary inconsistencies are found due to differences in the compensation paid to employees in the same classification with equal years of service within the classification which cannot be explained by differences in education, training, and/or job performance.

9.4.2.2   An external or market equity adjustment may be appropriate when salary inconsistencies are found because salary survey data indicates that the mean or median salary for a like position in the outside market is considerably higher than the compensation paid to an employee within USNH.

9.5   Merit Increase.

9.5.1   Definition. Merit increases are pay increases that may be awarded each fiscal year to employees for excellence in work performance based on an annual review by the employing department. All merit increases are dependent upon the availability of funds allocated for that purpose.

9.5.2   Limitations. No meritorious performance increases may be awarded which cause employees' salaries to exceed their salary range maximums.

9.6   Administrative Adjustment.

9.6.1   Authority. The BOT authorizes each institution's CEO, in conjunction with the Chief Human Resources Officer, to award administrative adjustments when certain conditions exist.

9.6.2   Definition. An administrative adjustment is a salary increase that may be granted by the USNH Chief Human Resources Officer, upon the recommendation of the institution's Chief Human Resources Officer, when such an adjustment is necessary:

  • to compensate for an administrative error,
  • to conform to other provisions of the compensation program, or
  • because it has been otherwise demonstrated to be in the best interest of USNH.

9.7   Discretionary Increase.

9.7.1   Authority. The BOT delegates each institution's Chief Executive Officer the authority to award discretionary increases. Such increases are dependent on the availability of funds.

9.7.2   Definition. A discretionary increase is a salary adjustment to be awarded only in exceptional cases during the fiscal year, (separate from annual merit increase considerations), in which the annual salary rate of an employee may be increased by an amount up to 5%.

9.7.3   Exception. Such adjustments may also be in the form of a bonus, which does not affect the continuing salary.

9.8   Delay of Increases.

9.8.1   Absences. In cases of leaves of absence by an employee, salary adjustment increases will be delayed and may be granted upon return to active service.

9.8.2   Probation. If an employee is placed on an extended initial or a post-initial probation, the effective date of all increases during that time period will be delayed until they successfully complete such probation.

9.8.3   Retroactive Payments. The only times retroactive payments are allowed in delay of increase cases is when an employee is on temporary military leave or when a grievance is resolved in favor of the employee.

9.8.4   Exceptions. Delay of increases does not apply to the following:

Professional Development Leaves (full or half-pay)
Leaves covered by Earned Time or Vacation/Sick Leave Programs

10.   Pay Distribution. USNH encourages all employees to participate in the electronic direct deposit program for their payroll payments. USNH considers this the standard method of pay and, unless directed otherwise by the employee, will request information necessary to establish direct deposit at the time of employment. Human Resources will be responsible for determining how information about payroll options will be communicated to employees. For those employees not able to take advantage of direct deposit, the USNH standard method of pay distribution, a paper payroll check will be generated and mailed to the employee's designated institutional or home address on the appropriate Friday. Checks will normally not be distributed to employees earlier than the official payment date for that particular pay period.

10.1   Pay Year/Periods. The pay year is either fiscal (July 1 through June 30) or academic (specific dates, provided annually by each campus which encompass the beginning and ending dates of the academic year). USNH pays employees on a bi-weekly basis.

10.1.1   Employees receive their pay the week after their pay period ending date and are paid for work performed through the pay period end date including any additional pay such as shift, overtime, etc.

10.2   Compensation Schedules. Employees shall normally be compensated during the payroll periods inclusive of their appointment beginning and ending dates.

10.2.1   Hourly employees are paid through a positive pay process, which means that payment is the direct result of the entry of hours worked into the payroll system.

10.2.2   Continuing status exempt employees who are either a flex year (percent time) employee or are employed on an academic year basis may elect to "spread/defer" their pay and receive their regular budgeted salary over a 12 month pay schedule. There shall be an annual process which allows such employees to change their compensation schedule; such changes must be made before the pay year begins. Once elected, that schedule cannot be altered by any circumstance, except leave without pay, until the next election period. In the case of leave without pay, there is no option to distribute or "spread" pay.

10.3   Pay Advances. Except as provided below, in no instance shall an employee receive advanced compensation before the requisite amount of service has been rendered.

10.3.1   Exceptions. In exceptional situations, it is possible to pay a portion of a continuing employee's salary not to exceed the anticipated net pay before the requisite service has been rendered if the circumstances are known in advance and approved in writing by the appropriate supervisor, institutional official and USNH official.

10.4   Pay Deductions

10.4.1   Authority. Various types of payroll deductions and withholdings may occur during the pay year. The payroll office shall be responsible for interpretations and applications of required deductions. Federal and State statutes require the payment of certain taxes and these shall occur each pay period as appropriate.

10.4.2   Tuition Taxability. USNH is required by federal law to add the value of waived tuition to the employee's paycheck for federal taxation purposes if the employee, spouse, or dependent child is enrolled in a graduate program and is considered by the enrolling institution to be a matriculating graduate student.

10.4.3   Fellowship payments provided to "degree-candidates" are exempt from tax withholding only to the extent they are used for tuition and related instructional expenses, fees, books, supplies, and equipment. Amounts used for room, board, or other living expenses are subject to income tax. Non-degree candidates receive no income tax exemption. USNH is not responsible for reporting the compensation to recipients via either the Form 1099 or the Form W2; the recipient is responsible for reporting the income to IRS when filing the annual tax return. USNH is also not responsible for withholding any taxes from these payments if said payments are taxable; the recipient is responsible for making tax deposits directly to IRS. Payments made to non-resident aliens are reportable to IRS by USNH via Form 10425 and generally taxes must be withheld when the payment is made.

10.4.4   Prizes, gifts, and awards provided to employees by USNH must be paid through the USNH Payroll system and are taxable and reportable to the IRS. (See Procedure 08-008, Awards, Gifts, and Prizes, for specifics regarding payments and taxes.)

10.4.5   Non-cash fringe benefits provided to employees are taxable income and must be reported to IRS on the employee's Form W2. (See Procedure 08-008, Awards, Gifts, and Prizes, for specifics regarding payments and taxes.)

10.4.6   Court Mandated Withholdings. Required withholdings such as those mandated by a probation court, levies or garnishment of wages, etc. shall occur by court order and as specified by the terms of that order.

10.4.7   Overpayment. Payroll deductions for overpayments resulting from administrative error are governed by standards in NH RSA 275:48. An employee may write a check for the overpayment or agree to payroll deductions to recover the overpayment. Repayments made by payroll deductions require a voluntary, written repayment agreement from the employee and may not exceed 20% of the employee's gross pay for a pay period. The agreement must include: (1) the dates the deductions will begin and end, (2) the amount of the deduction as agreed upon by the employee and employer, and (3) an agreement as to whether the employer can take the remaining balance from the last check in cases of termination or retirement. The payroll deductions will begin one pay period after the date of the written agreement. Should an overpayment not be recovered through payroll deductions or via personal check, USNH will pursue payment through Campus Credits and Collection or the court system.

10.4.8   Benefit deductions will occur as authorized by the employee's enrollment in the fringe benefit program and as defined by the plan year.

10.4.9   Optional Benefit and Activity Deductions. Additional payroll deductions for optional benefits and/or institutional-related programs (parking, cultural arts campaign, etc.) shall occur as designated by the specific program and/or employee's written authorization. In general, the amount of the deduction should be in whole dollar units.

10.4.10   Professional Organizations. Dues deductions for professional organizations are governed by the Administrative Board or by labor contract agreement, and are currently defined by contract or else during a four-pay cycle during October and November each year. No new deductions may be added without formal approval.

10.4.11   Written Consent Deduction -- Workers' Compensation. An employee who is collecting wages from Workers' Compensation will not have certain payroll withholdings or payroll deductions occur until and unless they have provided written consent to do so.

10.4.12   Termination and Tuition Benefit. An employee who terminates during a semester in which the educational benefit is being used shall be eligible for a pro-rated portion of the benefit. The employee will be expected to pay for the pro-rated course value granted to self, spouse, or dependent child for the remaining portion of the semester.

10.5   Pay Effective Dates. The effective date for all increases/decreases shall normally be the calendar day on which the personnel transaction occurs as defined by policy or as specifically authorized by compensation guidelines.

10.6   Deceased Employee. Upon the death of an employee, the payment of wages for service rendered shall be made based on provisions of relevant federal and/or state statute(s). In addition, a sum equal to the number of days of accrued annual leave (Vacation or Earned Time) will be paid, using the same provisions as prescribed by termination of employment.

10.7   Honorarium Pay. Honorariums, when paid to employees, are processed through the payroll system and not as an accounts payable transaction. (See Procedure 08-008, Awards, Gifts, and Prizes, for specifics regarding payments and taxes.)

11.   Total Compensation for Executive Officers.

11.1   BOT policy, BOT V.F.2.4, delegates to the Administrative Board the authority to adopt a policy on total compensation for Executive Officers (EOs) other than the Chief Academic Officers (CAOs), and the highest ranking financial or administrative officer at each of the institutions. For those positions see BOT V.F.2.4. The authority to set compensation in accord with the Administrative Board's policy is delegated to each Chief Executive Officer, subject to compliance with the process set forth in subsections BOT V.F.2.5 through BOT V.F.2.8.

11.2   Each USNH institution shall develop a policy on total compensation for EOs that reflects the needs of that institution and submit it to the Administrative Board for information only. The institutional policy shall conform to the requirements of the Board's policy cited in the preceding section as well as this policy.

11.3   Institutional EO compensation policies should reflect financial prudence as well as marketplace realities. One of the main goals of a compensation policy should be to attract, reward and retain an effective senior leadership team.

11.4   Institutional EO compensation policies should also reflect USNH's Total Rewards philosophy, with some portion of an EO's total compensation "pay at risk"-- construed as merit-based pay and/or bonus pay. This reflects a second main goal of an EO's compensation policy: to provide incentives for very high levels of performance.

11.5   It is responsibility of the institution's CEO to apply the institution’s policy. A CEO's decision under the approved policy will be shared with members of the Administrative Board for information only.

VI. Property Policies

Table of Contents

USY Administrative Board :: VI. Property Policies

A. Campus Master Plans: Development

B. Campus Master Plans: Maintenance

  1. Revisions
  2. Amendments

C. Campus Facilities Plans (six year)

  1. Plan Description
  2. Consistency with Master Plan

D. Campus Projects Schedules (two-year)

  1. Date Due
  2. Consistency with Six-Year Plan
  3. Revisions

F. Operation and Maintenance of Property

  1. University System Authority
  2. Delegation of Authority
  3. Policy on Environmental Health and Safety
  4. Policy on Use of Technological Resources
  5. Information Technology Security Policy
  6. USNH Data Classification Policy
  7. Privacy Policy

A. Campus Master Plans: Development

Each institution shall develop and submit to the Chancellor a Campus Master Plan which includes at least the following:

1.   Plan horizon date, which shall be at least 20 and not more than 25 years distant.

2.   Planning assumptions as to numbers, departmental distribution and activities of students, faculty and staff at current and horizon dates.

3.   Space program for horizon date, defining requirement by departmental and activity groups.

4.   Comprehensive analysis of existing buildings, potential building sites, vehicular and pedestrian circulation systems, parking, natural conditions and site improvements, and utility systems.

5.   Boundaries of all real property holdings (including leased property) and the locations of all buildings, streets, walks, utility lines, parking lots, athletic fields, etc.

6.   Identification of major capital improvement projects for which substantially full construction funding has been committed.

7.   Graphic representation of major functional interrelationships between existing buildings.

8.   Narrative statement of the physical development goals and priorities which the Master Plan will attempt to achieve.

9.   Narrative statement of broad design and planning concepts underlying specific recommendations of the Plan.

10.   Detailed narrative, tabular and graphic recommendations for physical changes to provide the space, and achieve the goals identified in the preceding analysis, by the Plan horizon date, including all significant new and existing buildings, vehicular circulation and parking, pedestrian circulation and landscape design, utility systems, phasing, cost estimates, and executive summary.

B. Campus Master Plans: Maintenance

1.   Revisions. Each institution shall revise its Campus Master Plan not more than five years after the submittal date of the original plan, and at intervals of not more than five years thereafter. Periodic revisions shall include a new horizon date, planning assumptions and detailed recommendations as required for the original plan, revised to reflect current conditions, projections and objectives.

2.   Amendments. Campus Master Plans may be amended at any time by written request which includes the following:

2.1   Narrative description of proposed change(s).

2.2   Specific narrative justification of proposed changes (i.e. changed enrollment assumptions, new programs not anticipated in original plan, etc.)

2.3   Revised wording and/or data required to bring all text, formulas, charts, tables, etc., in the plan into full agreement with the proposed changes.

2.4   Revised overlays describing all changes required to graphic plans and other drawings in the Master Plan to bring them into full agreement with the proposed changes.

C. Campus Facilities Plans (six year)

1.   Each institution shall prepare and submit a Campus Facilities Plan on or before November 1 in each odd numbered year, which shall list, identify funding source(s) for, and describe all facility projects which will require expenditure of any funds within the six year period beginning July 1 of the following year. "Facility projects" shall include all property acquisition or disposal, new construction, renovation and/or facilities repair, with the exception of projects with a total cost less than $200,000 which are limited to repairs, utility system improvements, improvements required by codes, and interior renovations. Campus Facilities Plans shall include at least the following:

1.1   Spreadsheet summary, listing all projects in priority order, and indicating for each (a) total project cost, (b) total previous expenditures, (c) anticipated expenditures in each fiscal year within the six-year plan period, (d) fund source for each expenditure, and (e) total expenditures anticipated after the end of the plan period. The spreadsheet should also display (a) total expenditures by fiscal year, (b) totals by year/by fund source, (c) six-year grand totals.

1.2   Statement of construction cost(s) for each project, based on average costs per square foot prevailing at time of preparation of the plan for similar construction.

1.3   Narrative description and justification of each project initiated or significantly modified since submittal of the preceding six-year plan.

2.   All projects included in each Campus Facilities Plan shall be consistent in all respects with the submitting institution's approved Master Plan, as revised and/or amended to date. Campus Facilities Plans must include all repair and renovation projects scheduled in Master Plans.

 

D. Campus Projects Schedules (two-year)

1.   Each institution shall prepare and submit a Campus Project Schedule annually on or before November 1 of each even numbered year. These Schedules shall list and identify funding source(s) for all facility projects which will require expenditure of any funds within the two-year period beginning July 1 of the following year. Schedules shall be in spreadsheet format showing anticipated expenditures by fund source for each fiscal year, and shall include totals by project and by fund source.

2.   Campus Project Schedules shall be consistent in all respects with current Campus Facilities (Six-Year) Plans, and shall include all projects listed in the last previous Six-Year Plan.

3.   In the event that changed circumstances have rendered the last previous Six-Year Campus Facilities Plan incorrect or obsolete in any respect, the institution shall revise such Plan for the balance of its original Six-Year term, and resubmit it in lieu of the Campus Projects Schedule.

F. Operation and Maintenance of Property

1.   University System Authority

1.1   Board of Trustees policy (BOT VI.F.2) delegates to the Chancellor the authority to establish University System policy on the operations and maintenance of property and delegate, in turn, to the component institutions the authority to establish correspondent institutional policies.

2.   Delegation of Authority

2.1   The Chancellor delegates to the chief executive officers of each component institution the responsibility and authority to establish and administer an operations and maintenance program for all property owned, occupied, or managed by their respective institutions.

2.2   The component institutions' operations and maintenance programs shall include procedures establishing prudent property management practices and ensuring compliance with applicable Board of Trustees and University System policies and state and federal laws. Those programs shall designate specific institutional officials to be responsible for ensuring institutional compliance with program requirements.

3.   Policy on Environmental Health and Safety

3.1   Overview

3.1.1   It is the policy of the University System of New Hampshire (USNH) to maintain a reasonably safe environment for its students, faculty and other academic appointees, staff, and visitors.

3.1.2   Operations at each component institution shall be conducted in compliance with applicable regulations, and when appropriate, with accepted health and safety standards.

3.1.3   A Council on Environmental Health and Safety is responsible for overall coordination and assessment of System-wide environmental health and safety efforts. The Council is chaired by the UNH Director of Environmental Health and Safety and includes representation from each component institution. The President or Chancellor of each component institution (GSC, KSC, PSU, UNH, USNH) appoints members to the Council. The Council shall meet quarterly to share current information, and shall provide to the Presidents and then to the Chancellor an annual report describing the state of the University System's environmental health and safety.

3.2   Responsibility

3.2.1   The Chancellor and Presidents are responsible for the implementation of the Environmental Health and Safety policy at their respective component institutions.

3.2.2   Vice Presidents, Deans, Directors, Department Chairs, principal investigators, supervisors, and all other employees are responsible for compliance with this policy as it relates to operations under their control.

3.3   Campus Program Elements and Objectives

3.3.1   The Chancellor, Presidents and Vice Presidents shall enact programs for environmental health and safety and such programs will be in compliance with applicable health and safety standards promulgated by federal, state and local agencies. In the absence of appropriate statutes and governmental regulations, the published standards of nationally recognized professional health and safety organizations would serve as guides. Appropriate working relationships with official regulatory agencies pertinent to environmental health and safety are recommended and encouraged.

3.3.2   Each component institution shall establish a written mission statement to outline operating policies, procedures and guidelines, as well as training for compliance with applicable environmental health and safety objectives listed below.

3.3.3   The written statement and programs for health and safety and environmental compliance shall include, but not be limited to the following program elements and objectives.

3.3.3.1   Injury and Illness Prevention

3.3.3.1.1   Objectives: The objectives are (1) to provide the means by which workplace hazards are identified and corrected in a timely manner; employees are to be informed of the specific hazards associated with their jobs and are to be trained in the appropriate safe work practices; employees can communicate, without fear of reprisal, their concerns about work area safety, and (2) to integrate existing and future compliance programs and environmental health and safety technical disciplines in a manner to ensure statutory and regulatory compliance in an efficient and logical approach. These programs and disciplines are discussed below.

3.3.3.1.2   Compliance Programs/Technical Disciplines

3.3.3.1.2.1   Industrial Hygiene: The practice of recognition, evaluation and control of potentially harmful substances and physical agents in the work area. The scope of this program shall include, but not be limited to, toxic materials, air quality in controlled environments, elements of physical exposure such as lighting, noise and temperature, and asbestos abatement.

3.3.3.1.2.2   General Safety: Identification and correction of factors which contribute to the incidence of accidental injury shall be maintained. The scope of these efforts shall include environmental conditions, engineering and design, maintenance of facilities and equipment, and the human factor.

3.3.3.1.2.3   Radiation and Laser Safety: Applicable regulations and appropriate standards shall be observed in the use of radioactive materials and radiation-producing machines. Appropriate guidelines shall be followed relating to the proper use, storage, and disposal of radioactive materials.

3.3.3.1.2.4   Occupational Health and Medicine: Appropriate resources and technology shall be applied to the recognition and response to occupational diseases and injury. Preventive health measures and surveillance techniques shall be utilized in a manner consistent with regulatory guidelines, accepted industry standards, and campus policy. The purpose of this program is the maintenance of reasonable standards for the health and safety of campus personnel and students.

3.3.3.1.2.5   Integrated Contingency Planning: Contingency planning shall facilitate appropriate mechanisms for accident prevention, mitigation and response to unplanned releases of oil or non-radioactive hazardous material to air, soil, surface water or groundwater. Appropriate contingency plans shall be maintained for each campus and steps taken to ensure adequate familiarity with the plan on the part of campus personnel.

3.3.3.1.2.6   Biological Safety: Applicable regulations and accepted standards governing the use, storage, and disposal of hazardous biological substances shall be observed. Conscientious surveillance shall be maintained and resources and technology applied to the handling of bio-hazardous substances consistent with regulatory controls and/or recognized health and safety standards.

3.3.3.1.2.7   Diving Safety: Diving operations under the auspices of the University of New Hampshire shall be conduced in compliance with appropriate regulations, safety standards, and campus policy.

3.3.3.2   Hazardous Materials and Environmental Management

3.3.3.2.1   Objectives: The objectives are: (1) to comply with statutory and regulatory requirements for hazardous materials inventory and emissions reporting; and (2) to collect, classify, and pack for shipment all hazardous waste for proper disposition.

3.3.3.2.2   Compliance Programs

3.3.2.2.1   Hazardous Waste Management: Procedures and facilities shall be maintained to allow for the preparation and ultimate disposal of hazardous waste produced by the campus. All applicable laws and regulations shall be used to establish standards for compliance.

3.3.2.2.2   Hazardous Materials Inventory and Reporting: This program develops and maintains campus hazardous materials inventories for the purpose of complying with regulations related to hazard communication, community right-to-know, air emissions, building/fire codes, and emergency preparedness.

4.   Policy on Use of Technological Resources

4.1   Purpose. This policy delegates to the institutions within USNH the authority to adopt policies governing access to and use of institutional technological resources, subject to certain general rules for which System wide conformity is essential.

4.2   Definitions. For purposes of this policy the following terms shall have the indicated meanings:

4.2.1   "Technological resources" shall include, but not be limited to, telephones, voice mail applications, desktop computers, computer networks and electronic mail applications.

4.2.2   "Institutional technological resources" means those technological resources owned or operated by the University System or one of its component institutions.

4.2.3   "Non-institutional technological resources" means those technological resources that are neither owned nor operated by the University System or one of its component institutions.

4.3   Scope. This policy applies to access and use of technological resources by faculty, staff, administrators, students, and any other person whether inside or outside the academic community. This policy also applies to the access and use of non-institutional technological resources used in the performance of official duties by faculty, staff, or administrators, but only to the extent of such use.

4.4   Delegation of Authority. The institutions within the University System shall adopt policies governing access to and use of institutional technological resources. Institutional policies shall be consistent with applicable BOT and USY policies, and shall:

4.4.1   Establish standards of conduct which users are expected to meet, including the extent to which technological resources may be used for non-institutional purposes;

4.4.2   Notify users of privacy and security issues related to their use of the institution's technological resources;

4.4.3   Provide (an) effective mechanism(s) to inform users of the relevant institutional policies and train them in the proper use of technological resources;

4.4.4   Establish a policy on the retention, archiving, and deletion of information resident on technological resources owned or operated by the institution;

4.4.5   Establish a process whereby appropriate institutional officials may access, copy, and/or delete information resident in any technological resource owned or operated by the institution, such process to permit said actions only when justified by legitimate institutional interests;

4.4.6   Establish appropriate security mechanisms to protect the information resident in any technological resource against unauthorized access;

4.4.7   Establish a mechanism for receiving reports of violations of the institutional policies on the access to and use of technological resources and for appropriately responding to such reports.

4.5   General rules. The following general rules apply to the use of and access to technological resources anywhere within the University System and its component institutions:

4.5.1   The University System and its component institutions shall retain ownership over the records resident on the technological resources covered by this policy. In the case of faculty, staff, or administrators using non-institutional technological resources for institutional purposes, this policy applies only to records created for those institutional purposes. The institution's ownership of the record shall have no effect on the ownership of the copyright or other intellectual property rights related to information contained in the record, which rights may or may not reside with the institution.

4.5.2   The University System and its component institutions shall retain the right to access, copy, and delete, in accordance with policies established under subsection 4.4.5, above, information resident in technological resources covered by this policy. In the case of faculty, staff, or administrators using non institutional technological resources for institutional purposes, this policy applies only to records created for those institutional purposes.

5.   Information Technology Security Policy

5.1   The institutions and individuals of the University System of New Hampshire (USNH), including ITEC and the USNH Information Security Committee (ISC), shall provide appropriate security to protect the privacy of information, safeguard electronic and derivative information against unauthorized use and modification, protect systems against unauthorized access, protect systems and related operations against disruptions, and prevent the loss of or damage to IT resources.

5.2   Information Technology Security Organization

USNH will establish and maintain an organizational structure with clearly assigned responsibilities for oversight and enforcement of USNH IT resources security, and a process for maintaining accountability for activities and system configurations that are inconsistent with the policy.

5.3   Physical and Environmental Security

USNH and each USNH institution, manager, provider and user of USNH IT resources is responsible for protecting, to the best of its ability, USNH IT resources. USNH and all USNH institutions, providers and users of USNH IT resources will institute and follow procedures, within their level of responsibility and authority, to protect those IT resources from loss, damage, compromise and unauthorized access, by creating a safe environment for the housing and use of those assets.

5.4   Computer, Network and Telecommunications Management

5.4.1   Network Management. USNH and providers and managers of USNH IT resources must manage the secure operation of the network environment and must do so in a manner that is consistent with a commitment to privacy and applicable USNH privacy policies.

5.4.2   Successful Operation of USNH Network Resources. USNH institutions will create appropriate policies and procedures to ensure and safeguard its IT resources from interference, threats, or other undesirable effects. In addition to IT resources, these policies and procedures shall include consideration for non-IT resources as well as consideration for devices not owned by the USNH either attached or unattached to the network.

5.4.3   Prevention of Loss, Modification or Misuse of Information Exchanged Between Organizations. All USNH institutions, providers and users of USNH IT resources will institute measures to safeguard the flow of data and information into and out of the networks.

5.4.4   Protection of Wireless Air Space. USNH institutions will manage the wireless spectrum to minimize interference between wireless networks and other devices using radio frequencies.

5.5   System Development & Maintenance

5.5.1   Security in Operational Systems and Prevention of Loss, Modification or Misuse of User Data in Application Systems

The appropriate level of protection must be incorporated into operational systems throughout the development process. Especially in cases where the data is sensitive or requires protection because of the risk and magnitude of loss or harm that could result from improper operation, manipulation or disclosure.

5.5.2   Protection of Confidentiality, Authenticity and Integrity of Information

USNH will protect the confidentiality, authenticity and integrity of information.

5.5.3   Conducting IT Projects and Support Activities in a Secure Manner

Changes and updates to systems and data must be traceable to accountable individuals and source documents under a defined management process.

5.5.4   Maintaining Security of Application System Software and Data

All USNH institutions and providers of USNH IT resources will provide and implement reasonable and adequate security measures to protect the information stored in IT resources.

5.6   Disaster Recovery and Business Continuity Management Planning

5.6.1   Disaster Recovery and Response Management Plan. USNH and each USNH institution will develop, keep current, and publish adequate disaster recovery plans to minimize the effects of a disaster and support restoration of USNH critical operations following a disastrous event.

5.6.2   Business Continuity Plan. A "Business Continuity Plan" shall be developed and implemented at all USNH institutions to facilitate the re-establishment and continuance of critical business functions after a disaster occurs.

5.7   System Access Control

5.7.1   Control Access to Information. Computer systems and resources used for the transaction of USNH business shall be protected from theft, malicious destruction, unauthorized alteration or exposure, or other potential compromise resulting from inappropriate or negligent acts or omissions.

5.7.1.1   Computer systems shall require utilization of employee-specific passwords for access. Passwords for access to USNH systems shall comply with industry standards as established by the institutional Chief Information Officers within the technological capabilities of each system.

5.7.1.2   Password change schedules will be established and communicated to password holders at timely intervals.

5.7.1.3   Employee-specific passwords shall be treated as sensitive, confidential information and shall not be shared. Employee-specific passwords also shall not be stored on-line or written down unless adequately secured from unauthorized viewing.

5.7.1.4   Authorized users of computer systems will take reasonable and appropriate measures to prevent access to systems by unauthorized persons.

5.7.1.5   All data on computers or electronic storage devices (including but not limited to desktop, laptop, server, or handheld devices) shall be wiped clean of files and data prior to transfer or surplus.

5.7.1.6   Social Security Number (SSN) is a particularly sensitive data item for all constituents. Whenever the SSN is utilized and/or displayed, the following shall apply to mitigate its exposure to unauthorized access.

5.7.1.6.1   A SSN shall not be sent via e-mail unless encrypted or masked for all but the last four (or fewer) digits of the number.

5.7.1.6.2   Shared electronic and paper reports shall have all but the last four (or fewer) digits of the SSN masked. In the limited cases where SSN is required for regulatory compliance related to employment, payroll processing, provision of benefits, and tax reporting, access to the information shall be limited to those with need to know.

5.7.1.6.3   Paper and electronic documents containing a SSN shall be disposed of in a secure fashion.

5.7.1.6.4   Personal information which links a SSN with a person shall not be publicly displayed.

5.7.1.7   Access to systems and sensitive data from outside the USNH managed environment (for example, from employee homes or during travel) will meet the same level of secure access as is provided in the USNH-managed environment.

5.7.1.8   The Chief Information Officer at each USNH institution will establish standards and interpret this policy to assure that it is implemented in a manner consistent with the technologies at each institution.

5.7.2   Control Access to Systems. Access to systems will be limited to staff who have a need to access them as determined by job responsibilities.

5.8   User Awareness & Training

5.8.1   Reducing Risks of User Error, Theft, Fraud or Misuse of Facilities. USNH institutions and providers of USNH IT resources will institute measures to reduce risks of user error, theft, fraud or misuse of IT resources, by providing appropriate user information and training.

5.8.2   Educating Users about Information Technology Security Threats and Concerns. USNH and its member institutions will communicate to all constituents their responsibility for protecting the technology environment, and provide the information necessary to help them protect IT resources against threats.

5.9   Compliance

5.9.1   Compliance with federal, state and local laws, USNH and institutional policies, and contractual obligations. The use and operation of USNH IT resources will comply with federal, state and local laws, USNH and institutional policies, and contractual obligations. USNH GLBA Information Security Program

5.9.1.1   The USNH Information Security Committee (ISC) oversees and coordinates the USNH Gramm-Leach-Bliley Act Information Security Program to ensure the protection of customers’ nonpublic financial information, including information obtained by USNH in connection with a financial service provided to a student, employee or other third party.

5.9.1.2   The USNH Information Security Committee (ISC) is responsible for developing, implementing and updating the USNH Identity Theft Prevention Program, adopted by the USNH Board of Trustees pursuant to the Federal Trade Commission's (FTC) Red Flags Rule. The ISC’s responsibilities include promoting policies for protecting personally identifiable information; ensuring appropriate training of USNH staff on the Program and related policies; reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating identity theft; determining which steps of prevention and mitigation should be taken in particular circumstances; and considering periodic changes to the Program.

5.9.2   Providing information concerning laws, policies and contractual obligations. All USNH institutions, providers and managers of USNH IT resources will institute procedures to inform users and administrators of IT resources about applicable laws, policies and contractual obligations. USNH GLBA Information Security Program

5.9.3   Procedures for adjudicating security violations. Violations of this security policy constitute unacceptable use of IT resources and may violate other USNH policies and/or state and federal law. Suspected or known violations should be reported to the IT Security Officer at USNH or member institutions.

5.9.4   Performing a Security Audit Process. All USNH institutions, providers and managers of USNH IT resources will periodically conduct an audit of security of IT resources.

5.10   Asset Classification & Control

5.10.1   Maintaining Appropriate Information Technology Inventory Controls. All USNH institutions, providers, managers and users of USNH IT resources will develop and maintain a comprehensive inventory of critical information assets.

5.10.2   Inventories of assets help ensure that effective asset protection takes place, and may also be required for other business purposes, such as health and safety, insurance, or financial (asset management) reasons. The process of compiling an inventory of assets is an important aspect of risk management. An organization needs to be able to identify its assets and the relative value and importance of these assets. Based on the information an organization can then provide levels of protection commensurate with the value and importance of the assets. An inventory should be drawn up and maintained of the important assets associated with each information system. Each asset should be clearly identified and its ownership and security classification agreed [upon] and documented together with its current location.

5.10.3   Safeguarding Information Sensitivity. All USNH institutions, providers, managers and users of USNH IT resources will establish methods to identify, classify, and where necessary, restrict access to institutional data so as to recognize sensitivity, protect confidentiality or safeguard privacy as required by law, institutional policy or ethical considerations.

6. USNH Data Classification Policy

6.1   Purpose. To have appropriate protection for information, it is important to first understand what it is that needs to be protected. The purpose of the Data Classification Model is to define data categories, provide examples of each category, and provide a model that can be used by USNH institutions for classifying and protecting information. As such, this model is a foundation for policies pertaining to the protection of information.

6.2   Scope. This model applies to every student, faculty, and staff member at USNH, as well as any members of the general community working with or for USNH.

6.3   Delegation of Authority. The institutions within the University System shall use this policy as a model when adopting policies regarding the minimum level of protection required for each category of data. USNH Institutions may combine one or more of the USNH data categories to meet their local needs. Institutional policies shall be consistent with applicable BOT and USY policies.

6.4   Restricted Data

6.4.1   Definition: Data is Restricted if protection is legally defined and/or it is required by federal and/or state law.

6.4.2   Examples.

6.4.2.1   SSNs and other personally identifiable information as defined by state of NH reporting requirements

6.4.2.2   Information protected by FERPA, HIPAA, FMLA and GLB

6.4.2.3   Research information that requires protection by law

6.4.2.4   Information protected through "Affirmative Action" and/or "disability regulation"

6.5   Sensitive Data

6.5.1   Definition: Data is Sensitive if controlled access is required by institutional policy, by the data proprietor/steward, by contract, for ethical reasons, and/or if it is at high risk of damage or inappropriate access. It includes data which if compromised, would result in high institutional cost, harm to clients, harm to institutional reputation or unacceptable disruption of the institution to be able to meet its mission. It includes other data explicitly identified as requiring controlled access, but it does not include restricted data as defined above.

6.5.2   Examples

6.5.2.1   Directory information as defined by the institution

6.5.2.2   Information that is not restricted, and is not public

6.5.2.3   Intellectual property

6.5.2.4   Information technology infrastructure, design, security, authentication stores

6.6   Public Data

6.6.1   Definition: Data is Public if it is not restricted or sensitive and it is explicitly identified as public. It includes data that may be provided to anyone without any further oversight.

6.6.2   Examples.

6.6.2.1   Contact information of employees that is approved for publication in the public directory

6.6.2.2   Campus map that has been explicitly approved for public display

6.6.2.3   Academic calendar that has been explicitly approved for public display

7. Privacy Policy

7.1   Our Commitment To Privacy

Your privacy is important to us. To better protect your privacy we provide this policy explaining our online information practices and the choices you can make about the way your information is collected and used. To make this policy easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested. This policy applies to all information collected or submitted on University System of New Hampshire (USNH) websites or mobile applications. By using USNH websites, you are consenting to our collection and use of information in accordance with this Privacy Policy.

7.2   International Visitors

USNH is located in the United States (State of New Hampshire). By providing information to USNH, you are transferring your personal data to the United States. If you are providing personal information and are not a resident of the United States, your country’s laws governing data collection and use may differ from those in the United States. 

7.3   The Information We Collect:

7.3.1   Personal Information

USNH collects personal information about you through our websites and mobile applications only when you voluntarily submit your information to us.

"Personal information" is any information that can be used to identify you or that may be linked to you. This information is commonly limited to the information found in a public directory, such as first name, last name, postal address, email address, and phone number. 

7.3.2   Certain USNH websites allow individuals to create and maintain individualized accounts. Where these sites are concerned, users have the responsibility of maintaining the confidentiality of their accounts and passwords, and for restricting access to their computers. Users agree to accept responsibility and repercussions for all activities that originate from their accounts.

7.3.3   Log Files

USNH and our third-party vendors may automatically collect certain information regarding your use of our websites and mobile applications, but you will remain anonymous. Information collected includes:

  • Your session and the pages you visit; 
  • Date and time of access;
  • Operating system of the device through which you access USNH websites;
  • Browser type and version, the monitor screen size and color depth and other plugin and program information as sent by your browser; 
  • Similar data and information that may be used in the event of attacks on our information technology (IT) systems.

The generic information we collect is based on IP address, which is the location of a computer or network.  We may use or disclose your IP address, and data connection-specific information, to help us diagnose problems with our servers and network, and to administer our websites by identifying (1) which parts of our sites are most heavily used, and (2) where our audience comes from, from both within and outside the USNH data networks.  USNH will not associate your IP address and web usage data with your specific email address or any other personal information that can specifically identify you unless required to do so by law.

7.3.4   Mobile Applications

When you install mobile applications with the publisher name “University of New Hampshire,” “Keene State College,” “Plymouth State University” or “Granite State College” from the Google Play store or Apple’s App Store, the application may ask for permission to use or access:

  • GPS services
  • Push notifications 
  • Camera

The general information described above may be aggregated with the general information of all site visitors to identify and improve how our websites or applications are used. In turn, we may share this aggregate information about our site with partners or the general public. Aggregate data does not contain any information that could be used to contact or identify you.

7.3.5   Web Analytics

Some USNH websites and mobile applications (“apps”) use Google Analytics, a service provided by Google, Inc. Google Analytics places a cookie on your computer or a code embedded in the mobile application to analyze how you use the site or app. The information generated by the cookie is transmitted to and stored by Google on its servers. Google uses this information to compile reports on website and mobile activity, and then the university site and application owners use that information to improve their sites and apps. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google does not associate your IP address with any other data held by Google.

7.3.6   Cookies

Cookies are small files that are stored on your computer (unless you block them). We use cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. You may disable cookies by selecting the appropriate settings in your browser or you can opt out of the collection and use of this information; however this may prevent you from experiencing the full functionality of our websites.

7.4   How We Use Collected Information:

USNH may use the information we collect:

  • To respond to your inquiries;

  • To provide services or materials you request;

  • To operate and understand how services are utilized;

  • To maintain our contact list(s);

  • To provide business services for which the information is intended;

  • To assess the effectiveness of our events, campaigns, and publications;

  • For information processing that is reasonably appropriate or necessary within our legal obligations.

On some pages, you can request information, make requests, and register to receive materials or make recommendations about other people. We use the personal information you provide when placing a request to complete that request to the best of our ability. We use return email addresses to answer the email we receive. Such addresses may be used to communicate further with you. You are always provided an opportunity to opt out or otherwise prohibit such uses.

We process your Personal Information for the purposes described above to facilitate transactions requested by you and to meet our contractual obligations (for example, registering you for events); on the basis of our legitimate interests (for example, website analytics); or on the basis of your consent, where applicable.

7.5   How We Share Collected Information

We do not share this information with outside parties except for the following limited purposes:

  • When we have your consent to share the information;
  • To the extent necessary to complete your request;
  • With USNH school officials and administration;
  • In response to subpoenas, court orders, or legal processes;
  • As we deem necessary to protect the rights, safety or property of the University System of New Hampshire and its component institutions.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses.

If we are required to disclose information by law or court order, we will make reasonable efforts to notify any affected parties in advance.

7.6   Internet-Based Advertisements

We use tools such as Google Adwords to remarket to individuals who visit our program and promotional pages. Third-party vendors, such as Google, show our ads on sites across the internet, and in some cases, use cookies to serve ads based on someone's past visits to our website. You can opt out of Google's use of cookies by visiting Google's Ads Settings. You can also opt out of all third-party vendor use of cookies by visiting the Network Advertising Initiative opt-out page.

7.7   Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

7.8   Our Commitment To Children's Privacy

We are committed to protecting the privacy of the very young. While our websites are generally not directed at or intended to attract visitors under age 13, our institutions do run certain programs for children for which online registration or participation is available. For those activities, the following additional Children's Privacy Policy supplements this USNH Privacy Policy.

7.8.1   Children's Privacy

We recognize the need to provide additional privacy protections when information is collected from or about children under the age of 13. The following guidelines apply to activities (including but not limited to on-campus camps or lessons for children and online activities designed for children), in addition to our general Privacy Policy. These rules follow the Children's Online Privacy Protection Act (COPPA).

7.8.2   Information We May Collect

We may collect the following information about a child who will participate in a USNH-administered youth activity:

Name
E-mail address
Street address
Date of birth (to ensure enrollment in age-appropriate activities)

Depending upon the activities in which your child chooses to participate, your child may be asked or choose to provide additional information. We do not require a person to disclose more information than is reasonably necessary to participate in an activity.

7.8.3   How We Use the Information

We use the information about your child to register your child for a USNH event and to insure appropriate content and safety for participants. USNH and its institutions will not disclose a child's information to any third party without parental authorization, except as may otherwise be required by law.

7.8.4   Parent/Guardian Consent

We will not collect or store online information from or about a child under age 13 until we have received a parent's or guardian's verified consent.

Parents or Guardians may review their child's personal information in our online databases; correct factual inaccuracies in the information collected about their child; refuse to permit us to collect further personal information from their child; and ask that information be deleted from our online records. Appropriate contact information for parents will be provided on every webpage promoting or permitting activities by children under age 13.

7.8.5   COPPA Notice Template

A Children's Online Privacy and Protection Act ("COPPA") notice template is provided for use by the institutions of USNH.

7.9   How You Can Access Or Correct Your Information

You can access all your personally identifiable information that we collect online and maintain by contacting each school directly via phone or e-mail. We use this procedure to better safeguard your information.

You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

7.10   External Links

Some USNH websites may contain links to external websites not owned by, or officially affiliated with, USNH in any way. USNH is not responsible for the privacy practices or the content of such websites.

7.11   Changes to this Policy

We reserve the right to change, modify, add or remove portions of our privacy statements at any time. Any such amendments will be noted on this page, so please visit periodically to view current statements.