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.

This page last updated Wednesday, July 24, 2019. For information on the adoption and effective dates of policies please see explanation on the OLPM Main Menu.