C. Employment

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

1.   Vacant Position Procedures

1.1   The following procedures are being introduced, effective January 2014, to ensure a prudent, equitable and justifiable process for managing vacant positions in the System Office. In addition, establishing a review process that supports a culture of transparency, inclusiveness and customer service will be critical to identifying and hiring staff that will support and promote this culture.

1.2   Regardless of position status and funding, a request for a replacement of a vacant position is not automatic and will be reviewed using the procedures listed below. In most cases, the Chancellor and/or the Chancellor's Executive Team will make the final determination on each vacant position.

1.3   Vacant Position Process

1.3.1   When a position becomes vacant, the manager should take the following actions:   Update the job description (as needed)   Update or create a department organizational chart   Write a compelling and accurate summary of position need and include responses to each of the following questions:

  • Is this position still needed?
  • How does/will it support the campuses and/or Board?
  • Can the duties of this position be included in an existing position?
  • Is this an opportunity to reorganize the department and the associated work?
  • Is there continued and appropriate funding for this position?

1.3.2   Once the summary, job description and department organizational chart are updated and complete, the manager should meet with their functional Principal Administrator (PA) to review.

1.3.3   The respective PA (Finance, Legal and HR) will then provide this information to the Chancellor's Executive Team for review, discussion and final determination of the position status.

1.4   Filling a Vacant Position

1.4.1   Approval to fill a vacant position must be obtained from the Chancellor or the respective PA on behalf of the Chancellor.

1.4.2   Once approval is obtained for a manager to proceed with filling a vacant position, the following steps should be followed when sourcing a candidate:   Meet with HR to begin the posting and selection process;   Depending on the level of the position, the respective PA and the manager, should identify one Chancellor's Executive Team member to serve on the interview team;   The manager, with input from the respective PA, should also identify staff members from other functional areas (as appropriate) to be included in the interview process; and   As needed, the manager can invite functional staff from the campuses to be included during the interview process.

1.5   Vacant Position Reporting

1.5.1   Each month, or as positions become vacant, HR will send to the Chancellor and the Chancellor's Executive Team an updated vacant position report. This report will provide the relevant details on each vacant position including:   Position title and department   Days position has been vacant   Status of position (open, under review, filled, or eliminated).

2.   Compassionate Leave Donation Program

2.1   Definition. In accordance with USNH Policy, USY V.A.17, the Chancellor's Offices establishes a Compassionate Leave Donation Program which provides a mechanism for status employees who earn Vacation Leave or Earned Time to voluntary and anonymously donate annual leave or Earned Time to another employee whose absence from work qualifies under the Family Medical Leave Act and who has exhausted, or will exhaust his/her applicable paid leave time. Compassionate leave does not apply to intermittent FMLA situations. The leave is donated directly as a payment to an employee, not a leave bank. The maximum donated time is 20 days (150 hours for OS working 37.5 hours/160 hours for those working 40 hours per week). This program will be coordinated by Human Resources. Confidentiality of medical information for those receiving compassionate leave will be maintained.

2.2   Other Conditions. The role of the institution is to facilitate the administration of the Compassionate Donation Leave 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.

2.3   Eligibility. The leave will apply to any status employee who earns Vacation Leave or Earned Time and whose situation is such that her/his FMLA absence from work is anticipated to be a minimum of 30 calendar days, including a minimum of five days for the 30 which would be unpaid leave, and the employee is planning to return to work for at least 30 calendar days following the FMLA leave. The number of compassionate leave hours/days an employee may receive per 12-month period will be limited to 20 work days per 12-month period. If otherwise eligible, employees are not eligible for compassionate leave if: 1.) they are receiving USNH Long Term Disability or Workers' Compensation benefits, 2.) they are on a probationary status.

2.3.1   Donation of Time. The employee donating leave must submit a completed Donation of Compassionate Leave Verification Form   Operating Staff. May donate Earned Time in full-hour increments from their Earned Time accrual with a recommended minimum of two hours.   Exempt Staff: May donate Vacation/Personal Leave in minimal increments of 0.5 days from their Vacation/Personal leave accrual.   No Sick Pool or Sick Leave may be donated.   After donating leave, a donating employee must have a minimum balance of one week (e.g. 37.5 or 40 hours/5 days) of Earned Time/Vacation Leave.   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.   Maximum donation, not to exceed 12 days (90/96 hours) of Earned Time/Vacation Leave in total per fiscal year, the maximum is pro-rated for percent-time employees.

2.3.2   No Compassionate Leave donations may be made outside the employee's home institution.

2.3.3   Use of Compassionate Leave.   An employee receiving Compassionate Leave will not accrue Earned Time or Vacation/Personal Leave on Compassionate Leave time days.   The recipients department will pay the cost of the employee's salary that is covered by Compassionate Leave.   Compassionate Leave use cannot extend beyond the end of the employee's appointment period or increase the appointment hours/days beyond the budgeted appointment hours/days.

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

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

This page last updated Wednesday, March 6, 2019. For information on the adoption and effective dates of policies please see explanation on the OLPM Main Menu.