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Policies regarding Administrative & Professional Faculty

Policy Number Policy name Content
1304 Outside Employment of Faculty

1. PURPOSE

This policy provides guidelines for the reporting and monitoring of employment outside of the university by faculty members.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

3. DEFINITIONS

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

Conflict of Commitment
Conflicts of commitment are generally situations in which a faculty member is dedicating so much time or focus to outside employment activities that they detract from his or her primary responsibility to the institution, regardless of the level of financial or economic consideration, if they cause a lack of commitment of time and effort to the institution.

De Minimus Compensation
For the purposes of this policy, payments for work given to or earned by a faculty member for services performed outside of the university in an amount totaling no more than $10,000.00 annually.

Faculty member
Unless otherwise specified, the term "faculty member" refers to both members of the instructional faculty as well as administrative and professional faculty.

Instructional faculty
The members of the faculty who have responsibilities that include teaching, research and service as the majority of their duties.

Outside employment
Work performed by a faculty member outside of any relationship with the university. Work of this nature includes employment by any other entity, as well as all self-employment and self-initiated professional services such as consulting, workshops, seminars, conferences, institutes, or short courses accomplished for any source other than the university, if such employment or services are compensated by a funding source other than the university.

4. APPLICABILITY

This policy applies to all full-time instructional faculty members and A&P faculty members at the university during the term of their employment with the university. The employee/employer relationship between a full time faculty member and the university is continuous even in periods where no duties are assigned (e.g., during the summer for faculty members on continuing academic year appointments, or during leave), and this policy applies during those periods. This policy applies to all employment or work outside of the university for remuneration of any sort.

5. POLICY

5.1 No full-time faculty member may engage in any outside employment, nor in any private business or profession, in a manner or to an extent that affects or is deemed likely to affect his or her usefulness as an employee of the university.

5.2 No faculty member may engage in outside employment if it violates the Virginia Conflict of Interests Act. See Policy 1106, Conflict of Interests.

5.3 No full-time faculty member may engage in part-time or full-time teaching for another institution during employment by the university without prior approval of the appropriate senior vice president, except as provided in section 9.

5.4 No faculty member may engage in employment with another state agency without prior approval of the appropriate supervisor.

5.5 Faculty members must report all outside employment to the university in order for the university to evaluate any potential for such interference and to monitor the potential for interference during the course of the outside employment. This reporting requirement does not apply to de minimus payments as defined herein; however, the prohibitions against conflicts of interest and commitment, and the prohibition against interference with work commitments to the university still apply, and prior approval must still be obtained for any work for another state agency or outside teaching, except as provided in section 9.

6. PROCEDURES

The following establishes university standards and guidelines for reporting outside employment.

6.1 The primary obligation of full-time faculty members is to fulfill the duties of their contracted positions with the university. Outside employment should in no way interfere with this responsibility. If it is determined that outside employment interferes with full-time contracted responsibilities, the faculty member will be notified. A faculty member who is notified that his or her outside employment constitutes a conflict or interferes with university responsibilities will be required to cease such outside employment or be terminated from employment at the university.

6.2 Faculty members engaged in outside employment represent only themselves and not the university. This fact must be made known to outside employers and others as appropriate.

6.3 Faculty members engaged in outside employment are not allowed to use university equipment, supplies, services, manpower or facilities for such outside employment without prior approval and the payment of required fees and charges as determined appropriate by the Assistant Vice President for Finance.

6.4 Any faculty member who accepts a tenured position with another institution concurrent with employment at the university will be considered to have resigned his or her position with the university, and such resignation will be considered effective immediately, regardless of the duration of the employee's current contract term. Acceptance of tenure at another institution which will not take effect until after completion of the faculty member's university employment is not covered by this provision.

6.5 Approval and Conflict of Interest
Other than outside teaching and work for other state agencies, no formal, written or verbal request for approval is required for a faculty member to engage in outside employment. However, faculty members engaging in outside employment must notify their vice president through reporting channels in writing of any outside employment relationship. This notice should state the faculty member's name and current position; the name and address of the other employer; the position and description of duties for the other employer; and the estimated duration of the outside employment. An estimate of the annual earnings from all outside employment must be provided by each faculty member to his or her supervisor annually if the compensation is not de minimus as defined herein.

6.6 Employees contracting with another state agency must abide by section 2.2-3100 of the Virginia Conflict of Interests Act. This section requires an employee to give written notice in advance to both the current agency and the proposed contracting agency, of the employee's material financial interest.

6.7 Full time faculty members who engage in teaching outside of the university must give written notice in advance to their supervisors, and obtain prior approval up to and including the appropriate Vice President for such outside teaching, except as provided in section 9.

7. RESPONSIBILITIES

Faculty members are responsible for informing their supervisors of all outside employment. Faculty members are responsible for obtaining prior approval for any work for any other state agency, and for any outside teaching except as provided in section 9.

Department heads, directors, deans and vice presidents are responsible for monitoring the potential for interference and conflicts between a faculty member's reported outside employment and his or her primary duties at the university.

The Assistant Vice President for Finance is responsible for determining all fees and charges for invoicing a faculty member engaged in outside employment for the use of any university equipment, supplies, services, manpower or facilities.

Each vice president is responsible for approving any outside teaching by a full time faculty member in his or her division, except as provided in section 9.

The president is responsible for approving work for any other state agency by a faculty member.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

Participation in paid military reserve drills and other military activities are not to be construed to be outside employment under this policy.

Full-time faculty members on academic year appointments are not required to obtain prior approval to teach at another institution during the summer months, unless they are given appointments to provide services to the university during the summer.

This policy does not apply to work for which no compensation or other remuneration is received, unless such work interferes with the responsibilities of the faculty member to the university. It does not apply to investment income or ownership in a venture in which the faculty member performs no work.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Vice President for Academic Affairs.

Previous version: September, 2012
Approved by the President: September, 2012

Index of Terms

Outside employment
Extra employment
Consulting
Teaching at other institutions

1403 A&P Faculty and Classified Staff Training & Development

1. PURPOSE

The purpose of this policy is to outline the university's commitment to the development of its employees by providing and encouraging participation in a variety of job-related training and development opportunities.

2. AUTHORITY

The Board of Visitors has granted the president responsibility for the university's effective operation, to include the development of its faculty and staff, and the authority to dictate policies and procedures in that effort.

The policy is also under the authority and in support of the following university defining characteristic:

The university will invest in the professional development of its people.

3. DEFINITIONS

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

Professional Development
Participating in an activity - training event, workshop, conference, certificate program, literature review, etc. - for the purpose of learning and improving one's job performance.

Work-Related Education and/or Training
Education or training that is required by the university, law, or regulatory agency to keep present salary, status, or job. The required education must serve the functional purposes of the university. Or, education that maintains or improves skills needed in the employee's present job.

4. APPLICABILITY

This policy applies to classified staff, Administrative & Professional Faculty (A&P faculty), and wage employees.

5. POLICY

The university encourages and supports the professional development of employees to aid and improve job performance. Participation in job-related courses, workshops, seminars, conferences, and meetings directly related to the goals and objectives of the university will be supported as funding is available to enable high levels of job performance.

The university will provide assistance and guidance, through department heads and supervisors, to employees interested in increasing and maintaining their levels of job performance. The Training and Development Department will develop a wide variety of training opportunities and will also publish activities sponsored by the university and outside sources.

Participation in professional development is subject to supervisory approval and employee workloads.

JMU will not pay for training taken to meet minimum requirements of an employee's present job, or for training that is part of a program of study that will qualify the employee for a new trade or business.

6. PROCEDURES

The responsibility of approving or denying tuition reimbursement requests falls within the employee's department (see Policy 1401). However, Training and Development may be able to assist with the funding depending on availability and appropriateness.

Training and Development may reimburse employees for professional development activities toward job-related certification and licenses after the passing of the certification or license exam, based on active employment with JMU and availability of funds.

Advance payment or reimbursement for professional development, including job-related licenses and certifications, is at the discretion of the employee's department.

Using JMU Employee Self-Service (MyMadison), employees can maintain a record of all professional development activities managed by outside vendors. All internal trainings will be entered into MyMadison by the appropriate training department - i.e. Center for Instructional Technology (CIT), Training & Development, Information Technology Training, etc. Faculty and staff members are provided an opportunity to examine their professional development records in this self-service functionality.

A systematic review of training needs will be made periodically to assess the training and development needs of university administrative and professional faculty and staff members. Such assessments will provide the basis for planning and programming university training activities.

7. RESPONSIBILITIES

The Training and Development Department is responsible for developing and publicizing a variety of training opportunities based on its research of the needs of university staff, A&P faculty, and departments. The primary purpose of the Training and Development Department is to assist employees in improving their job performance.

Supervisors are responsible for encouraging those they lead to participate in training and to allow for scheduling flexibility that frees employees to be trained.

8. SANCTIONS

Employees who violate this policy are subject to discipline commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

Educational opportunities covered in Policies 1401, 1402, and 1405 are excluded from this policy.

Instructional Faculty members are not covered in this policy, nor are they under the purview of the Training and Development Department. Instructional Faculty professional development is addressed by the individual academic departments as well as such units as CIT and the Center for Faculty Innovation.

10. INTERPRETATION

The authority to interpret this policy rests with the president, and is generally delegated to the Director of Training and Development.

Previous version: March, 2010
Approved by the President: May, 2002

Index of Terms

Training
Training opportunities

1338 Faculty Leave

1. PURPOSE

This policy provides a uniform method for faculty members to take leave from work.

2. AUTHORITY

The JMU Board of Visitors is responsible for policies related to the employment of JMU faculty members. The board designates the president with the responsibility for the day-to-day management of those policies and, therefore, the establishment of a leave policy for faculty members.

3. DEFINITIONS

Administrative Leave:
Leave granted to serve on a jury or appear in court as a witness under subpoena, for testing or interviewing for other positions, or for other reasons approved in advance by the faculty member's supervisor.

Annual Leave:
Typically referred to as "vacation." This does not include such special provisions as educational leave or administrative leave.

Compensatory Leave:
Leave granted to a faculty member who is required to work on a scheduled holiday or inclement weather day.

Disability Leave:
Leave granted to an employee who has a qualified, documented disability as an accommodation under the ADAAA (Americans with Disabilities Act Amendments Act) to ensure equal access and equal opportunities with regard to university employment.

Educational Leave:
Leave granted to a faculty member to pursue full-time independent study, graduate/post-graduate study, research or creative activities that will enhance their teaching abilities, professional growth and intellectual renewal.

Emergency/Disaster Leave:
Leave granted to employees who are called away from their regular jobs to provide specific kinds of emergency services during defined times of state and/or national disaster.

Family and Medical Leave:
Leave granted following

  • the birth of a child or the placement of a child with the employee for adoption or foster care,
  • because the employee is needed to care for a family member (child, spouse, or parent) with a serious health condition,
  • because the employee's own serious health condition makes him or her unable to do his or her job
  • because of any qualifying exigency (as defined the Department of Labor) arising out of the fact that a spouse, child or parent of the employee is called to active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation; or up to 26 weeks of leave to care for a spouse, child, parent or nearest blood relative with an illness or injury incurred in the line of duty while in the Armed Forces,.

Leave Through Peer Coverage:
The allowance for a faculty member to be absent from work and be paid during the absence, with the stipulation that his or her critical assignments and work will be completed by other employees.

Military Leave:
Leave granted for federally funded military duty.

Political Activity Leave:
Unpaid leave granted to serve on an election campaign or to serve a term of office.

Sick Leave:
Leave taken when the faculty member is unavailable to work due to illness.

Workers Compensation Leave:
Leave granted to an employee for a certified job-related illness or injury.

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent (50%) of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, dean, assistant or associate vice president or dean, assistant or associate vice provost. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy, and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

Faculty:
References to "all faculty members" or simply "faculty" in this policy refer to:

  • All full-time instructional faculty, both those on 12-month and 10-month contracts
  • All full-time administrative & professional faculty members

Instructional Faculty:
The members of the faculty who have responsibilities that include teaching, research and service as the majority of their duties.

12-month Instructional Faculty:
Instructional faculty members who are not employed on the standard academic year faculty contract but instead are contracted on a12-month basis.

10-month Instructional Faculty:
Instructional faculty who are employed on the standard academic year instructional faculty contract.

4. APPLICABILITY

This policy applies to all faculty members as well as those who supervise them.

5. POLICY

Classification

Sick Leave

Annual Leave

10-month faculty enrolled in VSDP

VSDP

None

12-month faculty enrolled in VSDP

VSDP

Peer coverage

10-month faculty not enrolled in VSDP

Peer Coverage

None

12-month faculty not enrolled in VSDP

Peer Coverage

Peer Coverage

A&P Faculty enrolled in VSDP

VSDP

20 days annually

A&P Faculty not enrolled in VSDP

Peer Coverage

20 days annually

Less-than-12-month A&P Faculty

Peer Coverage

Pro-rated amount

5.1 Supervisor Approval
All leave, paid or unpaid, must be approved in advance (unless an emergency makes an advance request for leave impossible) by the supervisor.

5.2 Compensation for Unused Leave
There is never payment for unused sick leave or annual leave for faculty members.

5.3 Sick Leave for All Faculty Members Not Enrolled in the Virginia Retirement System and the Virginia Sickness and Disability Program (VSDP)
Faculty members not enrolled in the VSDP will only be eligible for paid leave for qualifying illness through the peer coverage process and any limitations on sick leave granted will be related to the availability of peer coverage and the supervisor's approval of the duration.

5.4 Sick Leave for All Faculty Members Enrolled in the Virginia Retirement System and the Virginia Sickness and Disability Program
Faculty members who enroll in the Virginia Retirement System and the Virginia Sickness and Disability Program will have sick leave and disability-related benefits as provided by the VSDP and are not eligible for peer coverage provisions. Faculty members may choose either VSDP or peer coverage, but not both. Specifics of the VSDP program are available on-line.

5.5 Annual Leave for Administrative & Professional Faculty Members
Full-time administrative and professional faculty members may receive approval to use 20 paid workdays for annual leave each fiscal year. Administrative and professional faculty members with contracts of less than 12 months receive a prorated amount (1.67 days per month) of annual leave. Administrative and professional faculty member may not carry leave over from one fiscal year to the next. The prorated amount may apply to appointments for less than 12 months as well as those hired during the academic year.

5.6 Annual Leave for 12-month Instructional Faculty Members
All 12-month Instructional Faculty members may receive paid leave, whether annual, educational leave, etc., through the approval of their supervisor and the peer coverage process. (For more details on leave provisions for instructional faculty, such as educational leave, please see the University Faculty Handbook).

5.7 Annual Leave for less-than-12-month Instructional Faculty Members
Less-than-12-month Instructional Faculty members are not eligible to receive paid annual leave.

5.8 Family and Medical Leave
Faculty members may be eligible for up to 12 weeks of paid or unpaid family/medical leave

  • following the birth of a child
  • the placement of a child with the employee for adoption or foster care
  • because the employee is needed to care for a family member (child, spouse, or parent) with a serious health condition
  • because the employee's own serious health condition makes him or her unable to do his or her job,
  • because of any qualifying exigency (as defined the Department of Labor) arising out of the fact that a spouse, child or parent of the employee is called to active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation.

Faculty members may be eligible for up to 26 weeks of leave to care for a spouse, child, parent or being the nearest blood relative to the injured service member with an illness or injury incurred in the line of duty while in the Armed Forces.

Departments are responsible for notifying Human Resources for any faculty member's approved FMLA qualifying leave. For details, see Policy 1308, Family and Medical Leave.

5.9 Disability Leave
Faculty members who have a qualifying, documented disability may be eligible for paid or unpaid leave as an accommodation to ensure equal access and equal opportunities with regard to the university employment. For details, see Policy 1331, Disabilities and Reasonable Accommodations.

5.10 Educational Leave
Paid Educational Leave is granted to approximately 20 faculty members each year. Grants of education leave provide opportunities for faculty members to pursue full-time independent study, graduate/post-graduate study, research or creative activities that will enhance their teaching abilities, professional growth and intellectual renewal. For details, see Faculty Handbook, Section III.J.1.a.(1).

5.11 Emergency/Disaster Leave
Faculty members may qualify for paid leave if they are employees who are called away from their regular jobs to provide specific kinds of emergency services during defined times of state and/or national disaster. For details, see Policy 1113, Emergency/Disaster Leave.

5.12 Compensatory Leave
Faculty members are considered exempt from the overtime provisions of the federal Fair Labor Standards Act, and are not eligible for compensatory leave, except for hours worked on a scheduled holiday or inclement weather day. For details, see Policy 1303, Provisions for Granting Overtime & Compensatory Leave.

5.13 Workers Compensation Leave
Faculty members may be eligible for Workers compensation leave if they suffer a work-related illness or injury. For details, see Policy 1312, Workers Compensation/Return to Work.

5.14 Administrative Leave
Faculty members may be eligible for administrative leave to serve on a jury or appear in court as a witness under subpoena, for testing or interviewing for other positions, or for other reasons approved in advance by the faculty member's supervisor. Such leave may be paid or unpaid, depending on the circumstances. For details, see Faculty Handbook, Section III.J.1.a.(2).

5.15 Military Duty Leave
Faculty members may be eligible for military duty leave for federally funded military duty. For details, see Faculty Handbook, Section III.J.1.a.(5).

5.16 Political Activity Leave
Faculty members may be eligible for unpaid leave for political activity, on an individually negotiated basis. For details, see Faculty Handbook, Section III.J.1.b.(1).

5.17 Personal Leave
A faculty member may be granted a leave with or without pay with the approval of the department head, dean, AVP, vice provost and provost & senior vice president for academic affairs for personal reasons. For details, see Faculty Handbook, Section III.J.1.b.(3).

6. PROCEDURES

6.1 Leave Tracking
All faculty members enrolled in both the VRS and VSDP must track any sick leave used through a tracking report, which must be signed by the supervisor and submitted annually to Human Resources.

6.2 Requests for Leave
A faculty member who is requesting leave must make the request in a timely manner to allow the faculty member's supervisor an opportunity to arrange for coverage of the faculty member's duties and obligations during the term of the leave. If an emergency prohibits a timely request, the supervisor must be notified as soon as possible of the request for leave.

The supervisor must notify Human Resources of the faculty member's request for use of family and medical leave. Human Resources will determine whether the faculty member meets the eligibility criteria. The supervisor must notify the faculty member in a timely manner if the request is being granted.

If the faculty member is not eligible for the leave requested or if the leave is not approved, the supervisor will notify the faculty member as soon as possible. Any absence of the faculty member from regular duties that is not pursuant to approved leave may be considered a disciplinary matter.

7. RESPONSIBILITIES

Supervisors are responsible for approving and overseeing their employee's use of leave under the provisions of this policy. They are also responsible for ensuring that the leave report is appropriately signed and submitted to Human Resources by the end of each month in which the faculty member enrolled in VSDP uses sick leave.

Faculty members are responsible for complying with this policy; including reporting and tracking leave as described in this policy. They are also responsible for requesting leave in a timely manner, unless an emergency makes a timely request impossible.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

10-month faculty members, part-time faculty members and adjunct faculty members are not eligible for paid annual leave.

This policy does not apply to part-time faculty, adjunct faculty, graduate assistants, classified employees or wage employees.

Faculty members enrolled in the Virginia Retirement System and the Virginia Sickness and Disability Program before August 1, 2002 will be allowed to continue in the sick-leave-through-peer-coverage program. All other faculty members who enroll in the Virginia Retirement System must choose between either sick-leave-through-peer-coverage or the Virginia Sickness and Disability Program.

10. INTERPRETATION

The interpretation of this policy is the responsibility of the president and is normally delegated to the Director of Human Resources.

Previous Version: August, 2009
Approved by the President: July, 2001

Index Terms
Administrative Leave
Administrative and Professional Faculty Leave
A&P Faculty Leave
Annual Leave
Compensatory Leave
Disability Leave
Educational Leave
Emergency/Disaster Leave
Faculty Leave
Faculty Sick Leave
Family and Medical Leave
Instructional Faculty Leave
Leave
Military Leave
Political Activity Leave
Sick Leave
T&R Faculty Leave
Workers Compensation Leave

2105 Emeritus Faculty

1. PURPOSE

James Madison University recognizes the important contributions to the institution that have been made by those faculty members who rendered many years of dedicated service before retirement. This policy is designed to provide procedures for the appointment of emeritus status for faculty members at the university.

2. AUTHORITY

The Board of Visitors has the authority to enact personnel policies for all employees of the university. Where it has not exercised that authority, it is delegated to the president.

3. DEFINITIONS

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

Faculty
For the purposes of this policy, a person who is categorized either as instructional faculty or administrative & professional faculty.

Instructional Faculty
The members of the faculty who have responsibilities that include teaching, research and service as the majority of their duties. Sometimes referred to as"T&R Faculty".

4. APPLICABILITY

This policy applies to all emeritus faculty appointments, to include instructional faculty as well as administrative and professional faculty.

5. POLICY

In appropriate cases, retired faculty members may be recognized by the award of emeritus faculty rank.

6. PROCEDURES

6.1 Eligibility for Instructional Faculty
A retired instructional faculty member is eligible for emeritus status if the individual has served full-time for a minimum of 10 years on the James Madison University faculty, has attained the academic rank of Lecturer, Assistant Professor, Associate Professor, or Professor, and has retired in good standing.

Emeritus rank is a privilege and not a right of any retired faculty member.

6.2 Eligibility for Administrative & Professional Faculty
A retired administrative and professional faculty member is eligible for emeritus status if the individual has served full-time for a minimum of 10 years at James Madison University and has retired in good standing.

Emeritus rank is a privilege and not a right of any retired faculty member.

6.3 Posthumous Eligibility
A faculty member may be approved for emeritus status posthumously, whether death is prior to retirement or after. If prior to retirement, the faculty member is eligible for emeritus status if all other criteria, other than retirement in good standing, are met.

6.4 Rank as Emeritus
The emeritus rank will be that held by the faculty member once the written nomination has been approved.

6.5 Privileges
An emeritus faculty member has many of the same rights and privileges to use university facilities and to participate in university activities as an active full-time faculty member. These include the use of recreational facilities, use of the libraries, access to university dining services meal plans, bookstore discounts, a JAC card, an email account, on-campus waiver of tuition, listing in the catalog, and other appropriate publications, and participation in appropriate university events.

Emeritus faculty members do not normally receive remuneration, although they may be hired by the university on a part-time basis for a limited time.

Retiring faculty members who have been granted emeritus status will be eligible for membership in the James Madison University Emeriti Association. They are also eligible to obtain a limited use emeritus parking decal.

6.6 Procedures for appointment
Emeritus appointments are made by the Board of Visitors upon the recommendation of the president. Nominations for appointments to emeritus status are made by the appropriate academic unit head or director to the president through the dean or AVP and the appropriate division head. Recommendations should be accompanied by appropriate supporting data.

6.6.1 When the president has approved the recommendation for instructional or administrative and professional faculty, a letter will be sent to the recipient indicating their designation of emeriti status pending approval by the Board of Visitors.

6.6.2 A copy of this letter will be sent to the Office of the Provost for proper processing.

6.6.3 The Office of the Provost will complete an Affiliate form for the faculty member.

6.7 Duration of appointment Emeritus status is normally granted on a permanent basis. However, emeritus status may be removed by the university for cause at any time.

7. RESPONSIBILITIES

The academic unit head is responsible for nominating a retired faculty member for emeritus status.

For instructional faculty, the dean is responsible for making a recommendation on the nomination for emeritus status to the Provost and Vice President for Academic Affairs. The Provost and Vice President for Academic Affairs are then responsible for making a recommendation on the nomination for emeritus status to the president.

For administrative & professional faculty, the AVP or dean is responsible for making a recommendation on the nomination for emeritus status to the appropriate senior vice president or the Executive Assistant to the President. The senior vice president or the Executive Assistant to the President is then responsible for making a recommendation on the nomination for emeritus status to the president.

The president is responsible for recommending emeritus status for a faculty member to the Board of Visitors.

The Board of Visitors is responsible for granting emeritus status.

8. SANCTIONS

None

9. EXCLUSIONS

This policy does not address the emeritus staff designation. See policy 1318.

10. INTERPRETATION

The authority to interpret this policy rests with the president.

Previous version: April, 2008
Approved by the President: April, 2008

Index of Terms

Emeritus faculty

1333 Retirement Incentive Plan for Faculty

1. PURPOSE

This policy exists to describe the James Madison University Retirement Incentive Plan for Faculty. The James Madison University Retirement Incentive Plan for Faculty provides supplemental retirement benefits to participating faculty members to meet critical university objectives. The objectives of the plan include:

  1. To provide the university with increased flexibility in the allocation of faculty positions among programs in order to better meet enrollment demands, curricular needs, and other university objectives.
  2. To facilitate the hiring of new faculty members who have credentials and experiences that will best support and enhance the mission of the university
  3. To help alleviate the financial strain of retirement that may prevent some faculty who would like to do so from retiring.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATION

The university's Board of Visitors (Board) has adopted the James Madison University Supplemental Retirement Plan for Faculty (SRPF), and its terms are consistent with this policy. The Board has given the President of the university the authority to execute the SRPF and any amendments required by the Internal Revenue Service in order for the SRPF to gain qualified status, provided said amendments are consistent with this policy.

3. DEFINITIONS

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, university life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

Contractual Right to Employment
For the purposes of this policy, a contractual right to continued employment refers to a faculty member who has a contract with a termination date more than one year in the future.

Early Retirement
The offer of certain compensation and benefits associated with a faculty member retiring prior to what would be considered 'normal' retirement in terms of age and/or length of state service.

Instructional Faculty
Instructional faculty members have responsibilities that include teaching, research and service as the majority of their duties.

Supplemental Retirement Plan for Faculty (SRPF)
The SRPF is intended to be a qualified defined benefit plan pursuant to the Internal Revenue Code of 1986, as amended.

4. APPLICABILITY

This policy applies to instructional and A&P faculty members. To be eligible to be a participant under the plan, a faculty member must:

  • Be at least fifty (50) years of age; and,
  • Be tenured or have a contractual right to employment as defined above; and,
  • Be a full-time employee employed in a non-classified faculty position (or be on leave from such full-time status) with at least 10 years of full-time service with the university; and,
  • Satisfy any additional criteria established by the president or Board of Visitors of the university relating to participation under the plan.

5. POLICY

Participation in the plan is voluntary for both the university and the faculty member.

With the approval of the president the university may exercise its discretion to extend an offer of early retirement to an eligible faculty member when such an offer is strategically intended to enhance the university's achievement of its mission.

6. PROCEDURES

6.1 Selection of Participants
Criteria for selecting participants from among the eligible applicants will be established by the university based upon policy objectives. Selected participants will be recommended by the deans or directors to the Vice President, who will make recommendations to the president for final approval.

6.2 Retirement Contract
The university and each participant will enter into a retirement contract that will include provisions covering the following matters:

  1. The participant's retirement date. Retirement will result in the participant's:
    1. Permanent conclusion of full-time employment with the university;
    2. Permanent withdrawal from active membership in the Virginia Retirement System (VRS) by the VRS member;
    3. Permanent ineligibility for active VRS membership on account of employment by the university or any other agency of the Commonwealth of Virginia; and
    4. Permanent ineligibility for contributions to the accounts of ORP (Optional Retirement Plan) program participants by the university or any other agency of the Commonwealth of Virginia.
  2. The amount of the early retirement benefit, which will be one hundred fifty percent (150%) of the participant's final base salary as reflected in the records of the university, and the schedule of payments for such benefit, which will be over a period of five years in quarterly increments. (Under exceptional circumstances, the University and the Participant may agree to accelerate the distribution of the Participant's Benefit. If the University and the Participant agree, the Participant shall receive his or her Benefit over a two (2) to four (4) year period in lieu of a five (5) year period.)
  3. The payments will be made pursuant to the Supplemental Retirement Plan for Faculty described in 6.4 below. Such payments will be made if the participant becomes disabled prior to the retirement date, or if the participant dies on or after the retirement date. However, such payments will not be made if the participant dies prior to the retirement date. The participant has full responsibility for evaluating all factors relating to ending full-time employment at the university, including retirement income, health insurance and tax considerations.

6.3 Annual Payments
Aggregate payments pursuant to this policy in any year may not exceed five percent (5%) of the university's educational and general fund appropriation for faculty salaries and benefits for that year. However, the actual amount allocated by the university for payments pursuant to this policy in any year will be determined by the needs of the university, and the university will not be obligated to allocate the maximum amount described in the preceding sentence.

6.4 Qualified Defined Benefits Plan
Benefits under this policy will be provided through the James Madison University Supplemental Retirement Plan for Faculty (SRPF). Benefits under the SRPF are intended to supplement any retirement benefits the participant may be receiving from the VRS and/or the optional retirement program (ORP) and to help alleviate the financial strain of retirement.

7. RESPONSIBILITIES

The president is responsible for approving individual early retirement offers.

Deans, directors and Vice Presidents are responsible for identifying candidates for the Retirement Incentive Plan and making recommendations to the president.

The Human Resources Benefits Team is responsible for managing the Retirement Incentive Plan for Faculty (RIPF) contracts and providing one-on-one counsel with applicable faculty members.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

This policy excludes any and all employees who do not meet the criteria as established in Section 4 above.

10. INTERPRETATION

The authority to interpret this policy rests with the president, and is generally delegated to the Director of Human Resources.

Previous Version: March, 2012
Approved by the President: April, 2002

Index of Terms

Early Retirement
Retirement
Supplemental Retirement

1113 Emergency/Disaster Leave

1. PURPOSE

This policy provides a method to grant up to 80 hours of paid leave annually to qualifying employees who are called away from their regular jobs to provide specific kinds of emergency services during defined times of state and/or national disaster or who need to attend to the medical needs of self and/or immediate family members when communicable disease of public health threat conditions have been declared by the State Health Commissioner and the governor. This policy also provides a method to grant up to 80 hours of paid leave annually to employees who are victims of disasters that meet the criteria specified in this policy.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATION

Stafford Act (P.L. 93-288 as amended), VA Code § 32.1-48.05, § 32.1-48.06, § 44-146.16, § 44-146.17

3. DEFINITIONS

Affected Area
Any part or the whole of the Commonwealth, which has been identified as where persons reside, or may be located, who are known to have been exposed to or infected with or who are reasonably suspected to have been exposed to or infected with a Communicable Disease of Public Health Threat.

Communicable Disease of Public Health Threat
An illness of public health significance, as determined by the State Health Commissioner in accordance with regulations of the Board of Health, caused by a specific or suspected infectious agent that may be reasonably expected or is known to be readily transmitted directly or indirectly from one individual to another and has been found to create a risk of death, significant injury or impairment..

Emergency Services
The preparation for and carrying out of functions to prevent, minimize and repair injury and damage resulting from natural or man-made disasters. These include fire-fighting services, police services, medical and health services, rescue, engineering, warn­ing services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, emergency resource management, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection.

Exceptional Circumstances
When one or more persons within the Commonwealth are known or are reasonably expected to have been exposed to or infected with a communicable disease of public health threat.

Immediate Family Member
Immediate family includes parents, step-parents or persons who stood in place of the parent and performed parental duties and responsibilities; a spouse as defined by laws of the Commonwealth; children, including step-children, foster children, and legal wards; and, siblings, including step-siblings, residing within an affected area.

Major Disaster
An official status declared by the President of the United States when he/she deems that federal assistance is needed under the Stafford Act (P.L. 93-288 as amended) to supplement state, local and other resources to deal with the effects of a variety of natural or man-made catastrophic events.

Man-made Disaster
An event caused by the action of one or more persons that imperils life and property and produces danger or the imminent threat of danger through exposure to biological, chemical or radiological hazards. Examples include large spills resulting from transportation or industrial accidents, and effects of terrorist acts. Some man-made disasters may also be called technological disasters.

Natural Disaster
An event of nature that causes extensive and/or severe threat to or destruction of life and/or property. Typically, such situations are the result of wind, earth­quake, blizzard, ice storm, widespread fire or flood.

Primary Personal Residence
The home, apartment or dwelling in which the employee resides most of the time. This does not include vacation or second homes, nor property owned but not occupied by the employee. Normally, this location will bear the employee’s official address as recorded by the city or county where the dwelling is located.

Specialized Skills or Training
Specific, definable skills or training that enables an individual to provide certain identified services needed during periods of state or national emergency or disaster. These skills and training may or may not be related to the qualifications used in the employee’s state job.

State of Emergency
The status declared by the President of the United States, the Governor of Virginia or the governor of another state for conditions of sufficient severity and magnitude that assistance is needed to supplement the efforts of localities and other relief organizations.

4. APPLICABILITY

This policy applies to all full-time employees of the university, to include instructional faculty, administrative & professional faculty, and classified staff.

5. POLICY

5.1 Leave to Provide Emergency Services
An employee shall continue to receive his/her normal salary for up to 80 hours while using approved emergency/disaster leave under this policy. JMU will not pay for expenses related to provid­ing emergency service, such as travel, food or lodging.

Vice presidents (VP’s), deans, associate/assistant vice presidents (AVP’s),  and the executive assistant to the president have discretion for authorizing up to 80 hours of leave annually under this policy for employees who meet all criteria shown below:

  • The area is covered by an official declaration of major disaster by the President of the United States or a declaration of a State of Emergency by the Governor of Virginia or the governor of another state.
  • Public officials at the site of the disaster have requested the assistance of individuals with specialized skills or training.
  • The employee possesses the required specialized skills or training requested by the authorities.

5.2 Leave for Victims of Disaster
Leave may be available under this policy to an employee who has sustained severe or catastrophic damage to or loss of his/her primary personal residence or has been ordered to evacuate that residence as a result of a natural or man-made emergency or disaster. JMU will not pay for expenses incurred by an employee in recovering from the personal effects of a disaster such as travel, food or lodging.

VP’s, deans, AVP's and the executive assistant to the president have discretion for authorizing up to 80 hours of leave annually under this policy for employees who meet all criteria shown below:

  • The event resulted in a formal declaration of a State of Emergency or of federal disaster status.
  • The employee’s home was located in the officially declared disaster area.
  • Formal documentation from recognized disaster relief organi­zations or insurance companies verifies severe, extreme or catastrophic damage to or loss of personal property as a result of the declared emergency in which the damage or required evacuation rendered the employee’s home temporarily or permanently uninhabitable.

5.3 Public Health Emergency Leave
Upon declaration and within the period of a communicable disease of public health threat, an employee is eligible for up to 80 hours of paid leave per leave year to attend to his/her own medical condition and/or to care for immediate family members residing in an affected area.

An employee whose illness and/or isolation extends beyond 80 hours must use existing leave and/or disability policies to cover the remainder of their absence.

6. PROCEDURES

An employee must request the use of Emergency/Disaster Leave through his/her immediate supervisor prior to using leave under this policy. The request must be submitted in writing to and approved by the appropriate VP, AVP, dean, or the executive assistant to the president. VP’s, AVP’s, dean’s, and the executive assistant to the president possess the discretion to approve requests for paid leave in the emergency or disaster situations described in this policy.

An employee asked by emergency/relief service authorities to extend his/her service beyond 80 hours for the same event may request the use of appropriate leave or leave without pay. The request must be submitted in writing to his/her immediate supervisor and approved by the dean, appropriate AVP or the executive assistant to the president. Approval is at the discretion of the VP, dean, AVP and the executive assistant to the president.

An employee requesting the use of Emergency/Disaster Leave for a communicable disease of public health threat for himself/herself or an eligible family member is required to submit confirmation of the diagnosis that requires isolation, medical attention and/or removal from the workplace to his/her supervisor.

7. RESPONSIBILITIES

It is the responsibility of each VP, dean, AVP and the executive assistant to the president to evaluate employee eligibility for leave under this policy. Emergency/Disaster Leave shall be granted, in writing, at the discretion of the requesting employee’s VP, dean, AVP. In evaluating such requests, VP’s, deans, AVP’s and the executive assistant to the president should consider the need for the employee to provide the specified assistance and the expected impact of the employee’s absence on JMU’s ability to fulfill its mission.

VP’s, deans,/AVPs and the executive assistant to the president are responsible for ensuring that they have the required documentation prior to awarding paid leave.

For leave to provide emergency services, this includes:

  • confirmation of the declaration of disaster by the President of the United States, Governor of Virginia, or governor of another state; and
  • verification of the request for assistance by the appropriate officials; and
  • corroboration that the employee possesses the relevant specialized skills or training.

For leave for victims of disaster, this includes:

  • confirmation of the declaration of a State of Emergency or federal disaster status; and
  • documentation that the employee’s primary residence is in the official disaster area; and
  • verification as cited above of catastrophic damage to or loss of the residence, or requirement to evacuate the residence.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

Employees activated under military orders, whether by state or federal authorities, are not covered by this policy. See Policy 1319-Classified Employee Leave Without Pay, Faculty Handbook section III.J.1.e- Military Duty Leave and DHRM Policy 4.50-Military Leave.

10. INTERPRETATION

The authority to interpret this policy rests with the president and is generally delegated to the Director of Human Resources.

Previous version: March 2011
Approved by the President: October 2005

1339 Negotiated Amicable Separation Agreements for Administrative & Professional Faculty

1. PURPOSE

The purpose of this policy is to ensure uniform procedures to follow in negotiating amicable separation agreements between the university and administrative & professional faculty.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

3. DEFINITIONS

Administrative & Professional Faculty (A&P faculty)

Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

4. APPLICABILITY

This policy applies to all employees designated as administrative or professional faculty and those who supervise them.

5. POLICY

The university may negotiate mutually amicable separation agreements with A&P faculty when such is determined to be in the best interest of the university. Such agreements provide a means for ending the employment relationship in a non-adversarial method. Supervisors of employees who are separated as a result of this policy are advised to reference JMU policy 1314 Transfer and Separation from Employment for separation procedures.

Agreements may be developed and implemented where unsuccessful job matches, irreconcilable personality conflict, or other circumstances lead the parties to agree that an end to the employment relationship is in the best interest of all parties. Decisions to enter into amicable separation agreements shall be voluntary on the part of the university and the employee. An employee and the university shall have the option to pursue traditional means of separation. The employee also has the option to pursue a review of a separation procedure in accordance with JMU policy 1335 Terms and Conditions of Employment for Administrative & Professional Faculty.

6. PROCEDURES

The appropriate senior vice president, in collaboration with the Director of Human Resources, may negotiate mutually amicable separation agreements with A&P faculty when such is determined to be in the best interest of the university.

Amicable separation agreements can be initiated by either party and shall be documented on a case-by-case basis. Such agreements must be approved by the appropriate senior vice president and the President and signed by both the A&P faculty member and the appropriate senior vice president. University General Counsel shall be informed before final execution and implementation.

7. RESPONSIBILITIES

The president is responsible for review and approval of each amicable separation agreement with an A&P faculty member.

The appropriate senior vice president is responsible for initiating and overseeing negotiations for mutually amicable separation agreements.

The Director of Human Resources is responsible for review and approval of each amicable separation agreement.

8. SANCTIONS

Sanctions for failure to comply with this policy will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

None

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.

Previous version: March, 2012
Approved by the President: May 2006

Index of terms

Administrative & Professional Faculty
Amicable Separation

ADDITIONAL RESOURCES

Administrative & Professional Faculty Resource Book

Faculty Handbook

DHRM Policy 1.57 Severance Benefits

Policy 1307 Performance Evaluation of Administrative & Professional Faculty

Policy 1335 Terms and Conditions of Employment for Administrative & Professional Faculty

1401 Reimbursement for Work-Related Education or Training from an External Source

1. PURPOSE

This policy outlines the university's plan to reimburse full-time employees who receive approved work-related education or training from an external source.

The purposes of the policy are to train employees (a) with work-related education in the use of new or modified equipment, (b) with work-related education in skills and knowledge required by changes in current positions, (c) with work-related education that maintains or improves skills required in the job, or (d) with work-related education to meet degree requirements in a program for which the employee is enrolled and the university does not offer an equivalent course.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATION

Internal Revenue Code Section 132(d) allows employers to exclude job-related educational expenses from an employee's income as a working condition fringe benefit. The exclusion is generally available for any form of educational instruction or training that improves or develops the job-related capabilities of the employee.

3. DEFINITIONS

Affiliate
An individual who has a formal affiliation (a necessary relationship exists between the university and the individual to provide a service of value to the university) with the university, and receives some services from the university, but is not a student or employee of the university, and receives no remuneration from the university.

Education Not Qualifying as Work-Related
Education does not qualify as work-related if it is needed to meet the minimum educational requirements of the employee's present job or is part of a program or study that will qualify the employee for a new job.

External Source
A source other than James Madison University.

Work-Related Education and/or Training
Education or training that is required by the university, law or regulatory agency to keep present salary, status or job; or training/education that maintains or improves skills required in the present job.

4. APPLICABILITY

This policy applies to all full-time employees.

5. POLICY

In support of the university's commitment to professional development of faculty and staff, the university may authorize reimbursement to full-time employees for the tuition of work-related education or for the costs of certain work-related training programs taken at other institutions.

This policy is designed to aid full-time employees who are expected to continue employment with the university for a period that will justify such educational assistance. This period will be determined by the applicable department.

5.1 ELIGIBILITY

The following eligibility guidelines and restrictions apply:

5.1.1 Employees must have been continuously employed by the university for a period of one year before applying for reimbursement.

5.1.2 Classified employees must have successfully completed their probationary period before enrolling in a course to be reimbursed.

5.1.3 The training/education must meet the definition of work-related education (see section 3, Definitions) to qualify for reimbursement.

5.1.4 Reimbursement will only be made for courses in which the employee receives a passing grade for courses or programs in which grades are awarded.

5.1.5 The cost of instruction must be paid by the employee in advance and reimbursement will be based on advanced approval and availability of department funds.

5.1.6 Reimbursement for courses taken will be made for costs up to, but not exceeding, in-state JMU tuition.

5.1.7 Employees eligible to receive veteran's benefits for education will be eligible for tuition reimbursement for that portion of tuition not covered by the Veterans Bill.

5.1.8 Courses authorized by this policy must be unavailable at James Madison University. Courses available at JMU should be taken under the on-campus waiver of tuition programs (Policy 1402 or Policy 1405).

5.1.9 Short-term workshops, institutes, symposia and other non-credit activities are not eligible for consideration under this policy (Policy 1403).

5.2 LIMITATIONS

5.2.1 Educational reimbursement will be limited to three courses per person during the fiscal year.

5.2.2 Educational reimbursement will not be made for dissertation-related courses, such as the courses required for ABD (All But Dissertation) status.

5.2.3 Classroom and study requirements will not be regarded as a basis for compensatory leave.

5.2.4 Tuition reimbursement will not be authorized for partial activity in, or for auditing, courses of instruction.

5.2.5 Application, readmission, laboratory fees, study materials, travel expenses, and meals are not to be included in the amount requested for reimbursement.

5.2.6 Courses meeting the IRS definition of work-related education will not be taxable.

5.2.7 Termination of employment, for any reason, prior to the completion of the course will make employees ineligible for any reimbursement.

6. PROCEDURES

Employees seeking reimbursement for courses taken under this policy must:

6.1 Prepare a Request for Tuition/Registration Reimbursement . Obtain authorization from the supervisor, department budget authority, and the appropriate vice president (or the appropriate designee) to participate.

6.2 Employees must arrange a schedule with their supervisor to make up missed time for course work taken during normal working hours.

6.3 The department budget authority will retain the Request for Tuition/Registration Reimbursement and provide a copy to the employee requesting reimbursement.

6.4 Within 30 days of the successful completion of work-related education or training, employees must submit the following information to the department budget authority:

  • A copy of the approved Request for Tuition/Registration Reimbursement.
  • A copy of the certificate, diploma, or grade report indicating successful completion of the course.
  • A copy of the receipt for payment of tuition.

6.5 The department budget authority will submit an accounting voucher payable to the employee, along with the supporting documentation listed above, to Accounts Payable.

6.6 The department budget authority will submit a report of all applications and awards to the Office of Equal Opportunity.

7. RESPONSIBILITIES

Supervisors are responsible for ensuring reimbursement is for work-related education or training. The responsibility of approving, denying, and paying reimbursement requests falls within the employee's department.

Vice presidents (or the appropriate designees) are responsible for submitting annual budget initiatives for tuition reimbursement and managing division fund allocations. They are also responsible for ensuring that the guidelines of this policy are followed. Each division is responsible for maintaining accurate records of applications and awards of tuition reimbursement. The division will request an annual initiative for use in support of this policy and then will manage any funds granted through the initiative during the fiscal year.

Accounts Payable is responsible for refunding the employee through the reimbursement process.

The Office of Equal Opportunity will review records of applications and awards for OEO compliance on a quarterly basis.

8. SANCTIONS

Sanctions will be commensurate with the severity and frequency of the offense and may include termination of employment.

9. EXCLUSIONS

This policy does not apply to part-time faculty, part-time employees, or affiliates.

Educational opportunities covered in Policies 1402, 1403 and 1405 are excluded from this policy.

10. INTERPRETATION

The authority to interpret this policy rests with the president, and is generally delegated to the Director of Human Resources.

Previous version: March, 2012
Approved by the President:

1307 Performance Evaluation of Administrative & Professional Faculty

1. PURPOSE

This policy delineates the method for providing annual performance evaluations of administrative and professional faculty.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

3. DEFINITIONS

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, university life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

Administrative & Professional Faculty Job Description & Performance Evaluation
This is the required form for conducting a performance evaluation. It is available online and consists of:

  • Section 1: Job Description
  • Section 2: Objectives for this Performance Cycle
  • Section 3: Performance Evaluation

4. APPLICABILITY

This policy applies to all administrative & professional faculty and those who supervise administrative & professional faculty.

5. POLICY

Each administrative & professional faculty member's performance will be formally evaluated on an annual basis.

6. PROCEDURE

The annual evaluation period for administrative & professional faculty is July 1 to June 30. Annual performance evaluations are to be conducted between June 1 and August 31 each year. The immediate supervisor must discuss the evaluation with the employee being evaluated and the employee must receive a copy of the evaluation.

The Administrative & Professional Faculty Job Description & Performance Evaluation must be used to define the employee's job description, set and track objectives, conduct the annual performance evaluation, and track professional development needs and progress.

Section 1 - the Job Description - a copy must be sent to Human Resources when it is first established and/or written and subsequently when it is changed.

The performance evaluation process includes reviewing the progress of goals and objectives set for the preceding performance cycle as well as setting goals and objectives for the succeeding performance cycle.

Multiple sources of information - e.g. client/customer feedback, feedback on supervisor by subordinates, peer feedback, self-assessment - should be incorporated into the evaluation process.

The employee must receive a copy. The supervisor retains the original documents in their departmental files while the employee is actively employed and for five years following termination. These documents must then be disposed of using a confidential destruction method. Refer to Policy 1109-Records Management, section 6.1 Records Retention and Disposition Schedules.

7. RESPONSIBILITIES

It is the responsibility of each supervisor of administrative & professional faculty to formally evaluate the employee's performance annually, which should be the culmination of regular feedback and coaching.

It is the responsibility of the supervisor to work with the employee in completing the Job Description (Section 1) and ensuring a copy of it is submitted to Human Resources initially and then sent whenever it is updated. Section 1 is the only section of the document that should be copied to Human Resources.

The supervisor must maintain the entire, origional job document in his or her files while the employee is actively employed and for five years following termination.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

This policy does not apply to instructional faculty.

10. INTERPRETATION

The authority to interpret this policy rests with the president and is generally delegated to the Director of Human Resources.

Previous version: July 2011
Approved by the President: May 2006

ADDITIONAL RESOURCES

Administrative & Professional Faculty Resource Book
Faculty Handbook
Policy 1335 Terms and Conditions of Employment for Administrative & Professional Faculty
Policy 1339 Negotiated Amicable Separation Agreements for Administrative & Professional Faculty

1306 Extra Employment for Faculty and Exempt Staff Members Within the University

1. PURPOSE

This policy provides guidelines for the assignment of and payment for work at the university in addition to or instead of the regular assigned work of full-time instructional faculty members, Administrative and Professional faculty members and exempt staff members.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUE AND/OR REGULATION

The university's authority to grant additional pay for extra employment of faculty members is in some instances constrained by federal regulations. See the United States Office of Management and Budget (OMB) Circular A-21.

3. DEFINITIONS

Academic Unit Head (AUH)
An academic department head or its functional equivalent.

Administrative & Professional Faculty (A&P faculty)
Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally senior administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, vice provost, dean, assistant or associate vice president, assistant or associate vice provost, or assistant or associate dean. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

Contract Period
For the purposes of this policy, faculty members on an academic year appointment have a contract period defined by the university as lasting approximately nine months, from mid-August through mid-May. For faculty members on a 12-month, calendar or fiscal year appointment, this period is defined as lasting from July 1 through June 30. Other specific contract periods may be specified in the terms of an individual faculty contract. Exempt staff members are continuously employed throughout the calendar year but are not hired on a contract. For the purposes of this policy, exempt staff members are to be treated the same as faculty members on calendar year appointments.

Employment Period
The time period during which a faculty or exempt staff member is actively employed by the university. For faculty members on academic year contracts, this does not include the summer sessions.

Exempt Staff Member
A member of the classified staff who holds a position exempt from the overtime provisions of the Fair Labor Standards Act.

Instructional Faculty Member
The members of the faculty who have responsibilities that include teaching, research and service as the majority of their duties.

Outside Employment
Work performed outside of any relationship with the University. The university policy on outside employment is Policy 1304.

Outside Funding Source
Any private, state or federal government entity providing funding to the university through a grant, contract, or other external sponsoring agency transaction with the university, including any other university and any foundation, including university-affiliated foundations.

Overload Employment
Any temporary, additional work accomplished by a faculty member or exempt staff member for the university during the employment period for extra compensation in addition to full, contracted workloads. The employee/employer relationship between the faculty member and the university remains intact during overload employment.

Reassigned Time
Time within the employment period during which a faculty member or exempt staff member is reassigned from normal duties to accomplish special assignments without additional compensation.

Sponsored Work
Any work performed by a faculty member or exempt staff member under a grant, contract or other external sponsoring agency transaction between the university and an outside funding source.

Summer Teaching
Classes taught by a faculty member on an academic year contract during one or more of the summer sessions at the university.

4. APPLICABILITY

This policy applies to all full-time instructional faculty members, A&P faculty members and exempt classified staff at the university. It applies to all work by the faculty member or exempt staff member for the university within or outside of the scope of the faculty member's or exempt staff member's regular assigned work, both during the term of the faculty member's or staff member's employment period and at times between contracted periods of employment (usually summer months).

5. POLICY

The assignment of duties for an instructional faculty member is determined by the AUH or supervisor in consultation with the faculty member and with the approval of the dean.

The assignment of duties for an A&P faculty member or an exempt staff member is determined by the faculty or staff member's supervisor.

Temporary assignment of extra work to be performed by the faculty or staff member during the employment period may result in additional pay or reassigned time only within the procedures herein.

No instructional faculty member, A&P faculty member or exempt staff member may be paid compensation by the university in addition to his or her regular salary for additional work unless the procedures of this policy are followed.

6. PROCEDURES

6.1. Overload vs. Reassigned Time during the employment period.

Instructional faculty members, A&P Faculty Members and exempt staff members may be temporarily assigned duties over and above their normal duties during the employment period. A faculty or exempt staff member may receive overload pay for assignments over and above his or her regular duties during the employment period. Alternatively, a faculty or exempt staff member may receive reassigned time from regular duties in order to perform special assigned duties during the employment period. Generally, reassigned time and overload pay may not occur at the same time. Reassigned time combined with overload pay, where the combination of extra duties and the duties remaining from the regular work load after reassigned time exceed the normal workload of the faculty or exempt staff member, require advanced approval in writing from the AUH or director, and the dean or the appropriate Assistant/Associate Vice President ("AVP").

6.2. Workload Adjustment or "Banking" Teaching Credit.

An instructional faculty member's workload may be adjusted by giving the faculty member reassigned time to reflect especially heavy teaching assignments in the immediate prior or current, semester. With approval of the AUH or supervisor and dean, an instructional faculty member may teach an especially heavy load in one semester and "bank" the course(s) taught, such course(s) to be exchanged for reassigned time (a reduced teaching load) during the next regular employment period semester.

6.3. Approval.

Overload employment must be approved by the department head or director, and the dean or the AVP.

6.4. Reassigned Time.

Reassigned time is determined and assigned by the AUH or director, with the concurrence of the dean or AVP. Reassigned time from normal duties (without a corresponding reduction in salary) is authorized only for official university or Commonwealth business. For an instructional faculty member, reassigned time must be reflected on the instructional faculty member's Anticipated Activity Plan submitted to the AUH. See Faculty Handbook, Section III.E.4.a.

6.5. Externally Sponsored Work During the Employment Period.

Work performed under a university grant, contract or other sponsoring agency transaction with an outside funding source during the employment period is usually not considered an overload assignment. A faculty or exempt staff member may not be paid additional compensation for such work unless specific federal regulations are met. To meet federal regulations (OMB Circular A-21), the following three tests must be met:

  1. Work must be in addition to the faculty or exempt staff member's regular duties,
  2. Additional compensation for the work performed by the faculty or exempt staff member must be approved in advance by the granting or contracting agency, and
  3. The work of a faculty or exempt staff member must either be across departmental lines or for a different division or college (i.e., from the division or college in which the faculty or exempt staff member performs under his or her regular employment), or must occur at a remote location from the faculty or exempt staff member's regular workplace.

The pay for such additional work must be proportional to the rate of pay under the faculty or exempt staff member's regular employment. For details, see the Office of Sponsored Programs.

6.6. Sponsored work outside of the Employment Period for Employees on Academic Year or Shorter Contracts.

Work performed and paid by an outside funding source during non-employment periods (i.e., the summer if the faculty member is on an academic year appointment) may be considered an overload assignment or a separate contractual arrangement, depending on the application of specific federal regulations (OMB A-21). In either case, the total compensation for such additional work and all other work performed outside of the employment period by the faculty or exempt staff member for the university is strictly limited to a proportional part of the regular base salary (i.e., for summer work by an academic year faculty member, one-third of the faculty member's regular academic year base salary for work taking all three months of the summer, or proportionally less for less time worked). If it is determined that such work constitutes an overload and all other federal requirements are met, the assignments will be made by submitting appropriate documentation to Human Resources to hire/rehire the faculty or exempt staff member as a temporary employee, as described in policies 1311 and 2201. For details, see the Office of Sponsored Programs.

6.7 A&P Faculty and Exempt Staff Members and Teaching

A&P faculty members and exempt staff members may only be compensated for teaching courses that are scheduled to meet outside their regular scheduled working hours. A&P faculty and exempt staff members may agree to teach courses during their regular scheduled work hours as reassigned time with the approval of their supervisor, but may not receive additional compensation for teaching the course(s).

6.8. State Regulations

Faculty and exempt staff members employed by the university are employees of the Commonwealth, and during the term of their employment they may engage in work for the Commonwealth in only one of the following four categories:

  • As intended in their employment contract. (No extra compensation authorized.)
  • As assigned by the president, senior vice president, dean or department head/director as reassigned time. (No extra compensation authorized.)
  • As assigned by the president, senior vice president, dean or department head/director for a work overload. (Extra compensation as authorized; appropriate documentation must be submitted to Human Resources to affect the additional compensation.)
  • In unusual circumstances, as a private contractor, when a proper contract has been duly negotiated and signed by the university in accordance with state directives. All service contracts of this nature will be issued by the AVP for Finance in accordance with state directives. In general, an employee may not have a personal interest in a contract with the university other than his or her employment contract. However, in certain circumstances, exceptions may apply. In these instances, Conflict of Interests regulations will be strictly enforced. See Policy 1106, Conflict of Interest.

7. RESPONSIBILITIES

The AUH or supervisor is responsible for the assignment of duties to an instructional faculty member, in consultation with the faculty member.

The supervisor is responsible for the assignment of duties to an A&P faculty member or exempt staff member.

The dean or AVP is responsible for reviewing such assignments, and for approving any overload pay.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment

9. EXCLUSIONS

This policy does not apply to any instructional or A&P faculty member, or exempt staff member performing work entirely outside of the scope of employment with the university as an independent contractor. But see Policy 1106, Conflict of Interest.

This policy does not apply to work performed by the faculty member for any other employer. See Policy 1304, Outside Employment of Faculty.

Payment for teaching that occurs outside of the employment period and is not part of the regular duties of an instructional faculty member, A&P faculty member, or exempt staff member is negotiated between the faculty member and his or her AUH or supervisor, and is not legally restricted in amount if no sponsored work is performed by the faculty member during the period outside of the employment period. However, in general, the pay should not exceed a rate of pay proportional to the faculty member's regular salary.

This policy does not apply to resources spent by the university as payment for professional development of faculty members.

This policy does not apply to bonuses, salary increments, or monetary awards given by the university in recognition of performance.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Provost and Senior Vice President for Academic Affairs where it concerns Instructional Faculty and the appropriate senior vice president where it concerns A&P Faculty or exempt staff members.

Approved by the President: November, 2005
Previous version: October, 2008

Index Terms

Overload
Reassigned time
Extra pay
Grants and contracts
Sponsored Programs

1405 Faculty-Staff Waiver of Tuition Program for Degree-Seeking Course Work at JMU

1. PURPOSE

The purpose of this policy is to outline the university's tuition waiver program for degree seeking coursework at JMU in support of the university's commitment to employee development and fulfillment.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 12-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president.

3. DEFINITIONS

Non-Degree Seeking Coursework
An individual applying for tuition waiver through this policy is considered non-degree-seeking if the total number of JMU credit hours earned, to include the credit hours represented by the course that is the subject of the current tuition waiver application, is 12 or fewer. In short, a faculty or staff member taking credit hours 1 through 12 at JMU is considered non degree-seeking. Non degree-seeking tuition waiver applications are addressed in Policy 1402 and are not considered in this policy.

Degree Seeking Coursework
An individual applying for tuition waiver is considered degree-seeking if the total number of JMU credit hours earned, to include the credit hours represented by the course that is the subject of the current tuition waiver application, is 13 or more. In short, a faculty or staff member taking credit hours 13 and up at JMU is considered degree-seeking.

4. APPLICABILITY

Except where noted, this policy applies to full time employees, wage or part-time employees, and emeritus faculty and staff.

ROTC employees may enroll in credit courses pursuant to this policy.

Clinical faculty members and Cooperative Education Partners in the teacher education program who have earned 300 tuition exchange units may use the vouchers earned to enroll in any 3 hour credit course at JMU, except for courses with an "OP" section, where space is available with approval from the Education Support Center.

5. POLICY

In support of James Madison University's commitment to the continued professional and personal development of employees, full and part-time faculty and staff, non-student wage employees and emeritus faculty and staff may enroll in James Madison University credit courses of instruction and have normal tuition or tuition deposit fees waived subject to the review and approval of their supervisor and within the terms of this policy.

The decision to pursue a JMU degree is a valuable privilege and benefit and represents a plan to commit a great deal of time to study and coursework. Before considering and approving an application for degree-seeking tuition waiver, the supervisor of the faculty or staff member applying for waiver must:

  • Affirm that the faculty or staff member has demonstrated consistently high job performance and should consider continued high job performance as a requirement for continued use of this policy to pursue the JMU degree.
  • Review with the faculty or staff member the plan for degree-attainment, particularly as it relates to any flexibility in work schedules that will be required.

The taxability or non-taxability of tuition waivers for employees is based on the Internal Revenue Code and is subject to change.

5.1 Eligibility

The following eligibility restrictions and guidelines apply:

5.1.1 Full-time faculty and staff may apply for degree-seeking tuition waiver after one year of employment. In addition, full-time classified staff must have completed their probationary period to apply for degree-seeking tuition waiver.

5.1.2 Emeritus faculty and staff are eligible to apply for degree-seeking tuition waiver upon being granted the emeritus designation.

5.1.3 Full-time faculty members who are not under a summer teaching contract are eligible to apply for degree-seeking tuition waiver for courses taken during the summer semester(s) upon the approval of their supervisor and dean in the form of signatures on the tuition waiver form.

5.1.4 Part-time faculty members are eligible to apply for degree-seeking tuition waiver after two semesters of teaching and then for courses taken in any semester in which they have an active teaching assignment or in any semester that begins within six months following the last day of their last active teaching assignment. However, part-time faculty must have the signatures of both their supervisor and dean on the tuition waiver form whenever applying for tuition waiver.

5.1.5 Generally, non-student wage employees are eligible for two courses and two labs per calendar year.

5.1.6 Non-student wage employees are eligible for a degree-seeking tuition waiver after 2000 hours of employment and may apply for another tuition waiver after each subsequent 1000 hours. However, a wage employee's eligibility for waiver is not cumulative. Once a waiver is issued, eligibility will not exist again until the employee has worked another 1000 hours. (See exceptions below.)

(Example: A wage employee has worked 2425 hours since becoming employed or since the issuance of a previous tuition waiver. The employee is eligible for waiver. However, once a waiver is issued, the 2425 hours are 'zeroed out' and the wage employee must work an additional 1000 hours to be eligible for a subsequent waiver and then another 1000 hours to be eligible for another waiver, etc.)

5.1.7 Non-student wage employees, who have been continuously employed for at least two (2) years and who have worked at least 2000 hours over the course of the previous two (2) years, are eligible to have tuition waived for two courses and two labs per calendar year (one course and one lab per semester) each calendar year beginning with the semester after the two-year anniversary is reached.

5.1.8 Non-student wage employees, who are nine-month employees, (the job mandates a break in employment) are eligible for a waiver for two courses and two labs per calendar year (one course and one lab per semester) after their two-year anniversary. To be eligible they must have worked at least 2000 hours over the course of the previous two years. They are only eligible for a waiver of tuition for courses taken during the time they are actively working.

5.1.9 Employees classified as 'part-time non-teaching' are eligible to apply for degree-seeking tuition waiver for one class and one lab in any semester in which they are employed by the university. Typically, these employees are research assistants, computer lab assistants, etc.

5.1.10 Part-time administrative & professional faculty members are eligible for a waiver for two courses and two labs per calendar year in any semester in which they are employed by the university.

5.2 Limitations:

5.2.1 Applicants who are full time faculty or staff or emeritus faculty or staff may have tuition waived for up to two courses and one lab each semester and per summer.

5.2.2 Applicants who are part-time instructional faculty or part-time administrative & professional faculty may have tuition waived for up to one course and one lab each semester and per summer.

5.2.3 Employees enrolled in the iMBA program are allowed the following waiver limitations:

5.2.3.1 Tuition waived for two courses in quarters 1 and 3

5.2.3.2 Tuition waived for one course in each of quarters 2 and 4

5.2.4 Waiver of tuition is not authorized for private vocal or instrumental instruction or for non-credit courses.

5.2.5 Approval to register for a course and receive waiver of tuition is not authorized for courses offered during normal working hours except when the signing authorities have determined that the following criteria are met:

The course relates directly to the individual's assigned duties or is required for a degree-seeking student.

And

Absence from work to attend classes does not exceed a total of four working hours per week regardless of whether one or two classes are taken per semester.

Note about summer classes: Courses taken in May session and in the summer are generally longer in duration than courses in other semesters. Employees may request an exception to the above requirement from their supervisor. If approved by the supervisor, this exception must be noted on the tuition waiver form.

Note about leaves of absences: Occasionally, a course may require an extended leave of absence. This applies to such courses as practicums or internships. Tuition may be waived for such courses with the supervisor's and Dean/AVP approval of the leave of absence and if the employee returns to work following the completion of the course.

5.2.6 Emeritus faculty and staff who are not employed by the university must have their application for tuition waiver signed by a representative from the Provost.

5.2.7 An employee who resigns from employment or is terminated for cause during the period in which a course is being taken will be responsible for the full payment of all tuition and associated fees, regardless of whether a tuition waiver has been approved for the course.

5.2.8 This waiver does not apply to individual courses offered thru Outreach and Engagement or other self-supporting programs, except as provided by university policy. Waivers can be used for employees who are fully accepted into the Adult Degree Program. Waivers can also be used for employees who are fully accepted into a Certificate Program or a Degree Program if space is available and with approval from Outreach and Engagement.

5.3 Important Note Concerning Online Courses

The Board of Visitors has approved a special tuition rate for online courses.

If the online course could be taken in a standard classroom setting (at the regular tuition rate)

or

If the online course is not required for a particular degree program and not required by the supervisory the amount of tuition waived will not exceed the standard in-state per credit hour tuition rate.

Examples:

  • An employee taking an online course that the employee has the option of taking in a classroom setting (at the standard tuition rate) will not have 100% of tuition waived. Instead, tuition will be waived up to the standard in-state rate.
  • An employee taking an online course that is not a required element of the particular degree program will not have 100% of tuition waived. Instead, tuition will be waived up to the standard in-state rate.
  • An employee taking an online course that is only offered online and is required for the completion of the degree will have full tuition waiver.
  • An employee taking an online course that has been required by his or her supervisor will have full tuition waiver for that course.

6. PROCEDURES

Persons seeking a waiver of tuition for courses taken under this policy will:

1. Prepare the Waiver of Tuition Form.

2. At a minimum, both the supervisor and reviewer must approve the application for degree-seeking tuition waiver by signing the waiver form. Non-student wage employees must have the signature of their AVP or Dean on each Request for Waiver of Tuition as one of the required signatures.

3. Human Resources will affirm that the employee qualifies for degree-seeking tuition waiver and will then forward the processed Waiver of Tuition Form to the University Business Office for final processing and approval of the waiver to be applied to employee account. Tuition waivers will only be processed after the university's semester census date. Employees receiving a balance due bill after submitting a tuition waiver will have their accounts adjusted by the amount of the tuition waiver for which they quality.

4. Employees will be emailed a copy of waiver processed by HR to retain for their records.

5. Early processing of the Waiver of Tuition Form is strongly encouraged.

6. Taxable waivers are subject to state and federal withholding and social security and Medicare taxes and are based on the employee's taxable income. At the end of each semester, the University Business Office will provide Payroll Services a listing of employees that have received more than $5,250.00 (the amount generally exempt from taxation under Internal Revenue Code Section 127).Payroll Services will collect the appropriate taxes from each employee at the end of the semester in which the employee exceeds the exempt limit for non-job related tuition waivers. Employee's W-2 will include taxable waivers.

7. RESPONSIBILITIES

It is the responsibility of the employee and his/her supervisor to ensure that the requirements of the policy have been followed.

It is the responsibility of the employee to know and understand this policy regarding online courses. In the event that the employee is requesting tuition waiver for a course that does not qualify for full waiver under this policy, the employee will be responsible for payment of the balance of the tuition not waived.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

Application fees, special course or departmental fees, and readmission fees are to be paid by the employee.

This policy does not apply to nor address classes or courses taken at an institution other than James Madison University. For information about such courses, see policy 1401 - Tuition Reimbursement.

Employees of 'affiliates' such as Aramark, Follett or Pitney Bowes are not eligible for tuition waiver.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.

Previous Version: December, 2009
Approved by the President, February 2008

Index of Terms
Tuition
Tuition waiver

1335 Terms and Conditions of Employment for Administrative & Professional Faculty

1. PURPOSE

The purpose of this policy is to ensure uniform procedures for the employment of administrative & professional faculty.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATION

This policy is written in accordance with guidelines from the Virginia Department of Human Resource Management and Code of Virginia section 2.2-3202 Eligibility for transitional severance benefit.

3. DEFINITIONS

Administrative & Professional Faculty (A&P faculty)

Administrative faculty and professional faculty are normally referred to collectively, as both require advanced learning acquired by prolonged formal instruction and/or specialized training and work experience. However, the university recognizes administrative faculty and professional faculty as distinct position types.

Administrative Faculty positions are generally administrators who perform work related to the management of the educational and general activities of the university, for at least fifty percent (50%) of their work. Typically, administrative faculty serve in executive leadership roles such as vice president, provost, dean, assistant or associate vice president or dean, assistant or associate vice provost. Other administrative faculty roles can include (1) those responsible for the administrative direction of separately designated divisions or departments of institutional activity; (2) positions whose primary responsibility is to attract external funds; or (3) positions that are characterized by active, continuing involvement in formulating, interpreting and implementing institutional policy, and exercise substantial independence, authority and discretion in areas such as program planning, design and allocation of resources. The organizational reporting relationship for administrative faculty is normally not lower than three levels below Executive Council positions. For Academic Affairs, this would include: Vice Provost/Dean (level 1), Academic Unit Head/Director (level 2) and Associate Director (level 3).

Professional Faculty require advanced learning and experience acquired by prolonged formal instruction and/or specialized work experience. Typical professional faculty positions are librarians, counselors, coaches, physicians, lawyers, engineers and architects. Other professional positions may support education, research, University Life and other such activities. Professional faculty positions must require the incumbent to regularly exercise professional discretion and judgment and to produce work that is intellectual and varied and is not standardized.

4. APPLICABILITY

This policy applies to all employees who are designated as administrative or professional faculty as well as those who supervise them.

5. POLICY

Administrative and Professional faculty members are generally appointed on an annual basis by the president on the recommendation of the appropriate vice president.In special circumstances, a contract for more than a single year may be negotiated for an A&P faculty member's employment. Such a contract requires prior approval from the president.

6. PROCEDURES

6.1 Reappointment: Reappointment is typically made on an annual basis for a 12-month contractual period and is based on satisfactory performance and the needs of the university. Reappointments are effective as of July 1 of each year unless otherwise specified in the terms of the contract (See also Section 9 'Exclusions'). The university will notify the faculty member if it is determined the faculty member's contract will not be renewed. All non-renewals will be processed according to the policies and procedures of JMU (See 6.7 below).

6.2 Renewable Term Appointments (RTA): Professional faculty may be appointed to renewable term appointments. Terms and conditions regarding RTA's are set forth in the university Faculty Handbook.

6.3 Performance Evaluation Policy: Monitoring the progress and performance of newly appointed and continuing A&P faculty is the responsibility of the immediate supervisor. A&P faculty are evaluated annually to ensure that assigned duties and responsibilities are being performed in a satisfactory manner and with a high level of professional excellence. Policy 1307 Performance Evaluation of Administrative & Professional Faculty sets forth the procedure for evaluation.

6.4 Salary Increases: Salary increases are typically granted on an annual basis and are based on merit and the availability of funds. Other salary adjustments may be made on a case-by-case basis.

6.5 Reassignment: A&P faculty may be reassigned at any time based on the needs of the university. Reassignment is normally approved by the appropriate vice president and may include a salary adjustment as appropriate.

6.6 Resignation: A&P faculty wishing to resign should give notice to their immediate supervisor as far in advance as possible. It is expected that at least one month's notice will be given prior to the effective date of resignation.

6.7 Non-Renewal of Employment Contract: Non-renewal of the employment of an A&P faculty member may occur at any time and for any legal reason, as these employees serve in their positions at the pleasure of the university. When an A&P faculty member's contract is not renewed, that person will normally be paid through the end of the contract - normally June 30 - and also be provided with separation pay as indicated below.

Procedures: Under normal circumstances, the A&P faculty member should be given at least 30 days' notice before the effective date of his/her nonrenewal. However, at the discretion of the university, this notice may be eliminated and termination may take effect immediately.

The supervisor who determines that an A&P faculty member should not have his/her appointment renewed should send a written recommendation through the administrative line to the appropriate vice president on or before May 1. Each administrator within the administrative line between the supervisor and the vice president should submit a written document either supporting the recommendation or indicating that the recommendation is not supported. All recommendations should be given to the appropriate vice president no later than May 7. The vice president will make the decision on nonrenewal and should inform the employee and all administrators in the administrative line of his/her decision in writing by May 15. Failure to meet any of these dates will not invalidate the decision, as long as the decision is made before the end of the contract term (See also Section 9 'Exclusions').

When a vice president or his/her designee meets with an employee to inform him/her that his/her contract is not being renewed, specific reasons for the non-renewal must not be discussed so as not to confuse non-renewal with discharge for cause - see section 6.8.

Appeal: The decision of the vice president is final and does not qualify for appeal.

Tenured Individuals: An employee who is in an administrative or professional faculty line, but also holds tenure, may opt to return to or be placed in an appropriate academic unit on an academic year contract upon receiving notice of nonrenewal of an administrative appointment. In such cases, and in addition to the notifications listed above, the appropriate vice president will notify the academic unit head, dean, and vice provost and provost and vice president for academic affairs of such nonrenewal. The employee will have 30 days from the date of notification from the vice president of nonrenewal to exercise his/her option to return to the academic unit. Failure to exercise this option will be deemed a resignation from the tenured position of employment at the university. If the faculty member elects to return to the tenured position within the academic unit, the assignment of duties for the faculty member within the academic unit will be at the discretion of the academic unit head, in consultation with the dean and vice provost. A tenured faculty member who exercises the option to return to his/her academic unit upon receiving notice of nonrenewal of an administrative appointment will not receive severance pay. The new rate of pay for such a faculty member will normally be 83% of the rate the faculty member had received as an A&P faculty member, unless a different rate is approved by the appropriate vice president.

Separation Pay: Non-renewal typically provides employees with separation pay as set forth below:

Years of Service at James Madison University Separation Pay*
less than 2 years 4 weeks separation pay
2 or more years but less than 3 years 8 weeks separation pay
3 or more years but less than 4 years 12 weeks separation pay
4 or more years but less than 5 years 16 weeks separation pay
5 or more years but less than 6 years 20 weeks separation pay
6 or more years but less than 7 years 24 weeks separation pay
7 or more years but less than 8 years 28 weeks separation pay
8 or more years but less than 9 years 32 weeks separation pay
9 or more years but less than 10 years 36 weeks separation pay
10 or more years but less than 11 years 40 weeks separation pay
11 or more years but less than 12 years 44 weeks separation pay
12 or more years but less than 15 years 48 weeks separation pay
15 or more years but less than 20 years 52 weeks separation pay
20 or more years 60 weeks separation pay

*For the calculation, the employee's weekly salary is determined by dividing his/her annual salary by 52. The amount to be paid will be calculated according to the guidelines above. Payments for 9-, 10- and 11-month employee salaries will be calculated based on the same formula for 12-month salaries.

For employees who are utilizing the Enhanced Retirement Benefit of State Severance, the maximum weeks of severance will be 36.

6.8 Discharge: A&P faculty may be discharged for cause at any time. Cause shall include any form of misconduct, dishonesty, violation of policy, theft, embezzlement, malfeasance, insubordination, misappropriation/misuse of university funds or property, or inappropriate behavior that adversely affects the administration and operation of the university. Discharge for cause may also include an employee's inability, unwillingness or refusal to perform essential functions of the job, job abandonment, and other appropriate reasons for the university to separate the employee from employment at the university. Discharge for cause does not require advance notification, nor will the employee be eligible to receive separation pay.

Waiver of Procedures: In cases where the employee poses an immediate impediment or threat to the proper administration and operation of the university, the vice president may act to discharge the employee immediately, without following the steps indicated below. Following such discharge, the employee will be given an opportunity to appeal the decision to the president.

Procedures: In all other cases, the supervisor who determines that an employee should be discharged for cause should send a written recommendation through the administrative line to the appropriate vice president. Each administrator within the administrative line between the supervisor and the vice president should submit a written document either supporting the recommendation or indicating that the recommendation is not supported. All recommendations should be given to the appropriate vice president. The vice president will make the decision on discharge.

Meeting with Employee: In normal circumstances, the vice president or his/her designee will meet with the employee in person and inform the employee of the reasons for the decision to discharge the employee. Where such a meeting is not, in the opinion of the vice president, reasonable or possible, the failure to meet in person with the employee will not invalidate the decision. The employee will be given an opportunity to respond to the allegations against him/her. If the vice president or his/her designee's decision does not change after the employee is given the opportunity to respond during this meeting, the vice president or his/her designee will notify the employee and all of the administrators in the administrative line of his/her final decision in writing, specifying the final date of employment.

Appeal: The decision of the vice president or his/her designee may be appealed to the president within five days by presentation of a written letter of appeal, outlining the reasons the employee believes that the discharge should be reversed. The president may make his/her decision based on the recommendations and letter of appeal, or may consult with any individuals he/she deems appropriate. The president will determine if the decision of the vice president should be upheld or reversed for the proper administration and operation of the university. The president's decision on the appeal shall be provided to the employee in writing within five days of his/her receipt of the appeal, with copies to the appropriate vice president and the administrators in the administrative line. The decision of the president is final and may not be appealed.

Effect of Appeal: The employee will remain on inactive status and off the payroll during the appeal process. If the president reverses the decision of the vice president and reinstates the employee, the period of the employee's temporary separation will be erased, and the employee's record of service and compensation shall be reinstated as if no break in service had occurred.

Tenured Individuals: An employee who is in an A&P faculty line but also holds tenure in an academic unit, may not opt to automatically return to his/her academic unit upon discharge from an administrative appointment. The faculty member's assignment to the academic unit will be suspended pending final outcome of the decision concerning tenure. In addition to the notifications listed above, the appropriate vice president will notify the academic unit head, dean, vice provost and provost and vice president for academic affairs of the faculty member's discharge from employment as an A&P faculty member. The academic unit head or other appropriate university official may institute misconduct procedures against the employee pursuant to Faculty Handbook, Section III.A.25. The charge of misconduct, which may lead to revocation of tenure and dismissal of employment from the university, will follow the regular procedures outlined in the Faculty Handbook. If the faculty member is not sanctioned by dismissal from his/her tenured position, he/she may return to the academic unit as a tenured faculty member at the end of the process. If no misconduct proceeding is instituted against the faculty member within six months of his/her discharge from employment as an A&P faculty member, the faculty member may write to the president to request reinstatement to his/her tenured assignment within an appropriate academic unit. Such a request shall only be denied by the president upon his/her decision to order misconduct proceedings to be instituted within one month of receiving such a request. Tenured faculty members will continue to receive their academic year annual salary unless and until tenure is removed.

6.9 Layoff: In addition to the procedures outlined above, A&P faculty may also be removed from their positions as a result of a reduction in force, reorganization or restructuring. Normally, employees affected by a layoff should be notified as far in advance as possible, but no later than one month prior to the action. Employees separated under layoff are entitled to severance benefits in accordance with Department of Human Resource Management policy 1.57. An employee who is in an administrative or professional faculty line, but also holds tenure in an academic unit, may not opt to automatically return to his/her academic unit upon discharge from an administrative appointment.

6.10 Elimination of Position or Financial Exigency: A&P faculty may be removed upon reduction or elimination of the specific services for which they were employed, or in the event of financial exigency, when funds from which the salaries of such individuals are paid cease to be available to the university for such purposes as determined by the Board of Visitors. In the event a position is eliminated or there is a lack of funding, A& P faculty will be notified as far in advance as possible, but no later than one month prior to the action. Employees separated for elimination of position or financial exigency are entitled to severance benefits. An employee who is in an administrative or professional faculty line, but also holds tenure in an academic unit, may not opt to automatically return to his/her academic unit upon discharge from an administrative appointment.

7. RESPONSIBILITY

Supervisors of A&P faculty have a particular responsibility to oversee the effective leadership of those employees and to ensure that performance evaluations are completed on schedule.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

This policy does not apply to instructional faculty, classified or wage employees.

Certain A&P faculty are on contracts that are different from the standard July - June period and contain separate employment arrangements. Date-relevant sections of this policy, such as the July 1 renewal date, may not apply in those cases.

10. INTERPRETATION

The authority to interpret this policy rests with the president, and is generally delegated to the Director of Human Resources.

Previous version: July 2013
Approved by the President: February 2008

ADDITIONAL RESOURCES

Administrative & Professional Faculty Resource Book
Faculty Handbook
DHRM Policy 1.57 Severance Benefits
Policy 1307 Performance Evaluation of Administrative & Professional Faculty
Policy 1339 Negotiated Amicable Separation Agreements for Administrative & Professional Faculty

1341 Break Time for Nursing Mothers

1. PURPOSE

This policy establishes a break time for nursing mothers policy at James Madison University as provided by Section 7(r) of the Fair Labor Standards Act (FLSA) which applies to all employees.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6; 23-9.2:3. The Board has delegated the authority to manage the university to the president.

STATE OR FEDERAL STATUTE AND/OR REGULATION

The Fair Labor Standards Act, 29 USC 201, et seq., as amended by the Patient Protection and Affordable Care Act (2010) requires, among other things, that employers provide a nursing mother reasonable break time to express breast milk after the birth of her child. The amendment also requires that employers provide a place for an employee to express breast milk. 

The amended FLSA provisions are essentially the same as those of House Joint Resolution 145 and House Bill 1264, both passed by the Virginia General Assembly in 2002.

3. DEFINITIONS

Exempt Employee
An employee who is exempt from the overtime provisions of the FLSA and, therefore, is not eligible to be paid overtime by the university. Such positions are normally, supervisory, management, and administrative positions, or specialized positions such as faculty members and information technology and must meet the specific criteria for exemption established by the FLSA. The FLSA status of each position is evaluated using the primary duties and responsibilities of that position and not the working title.

Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) establishes wage and salary requirements, hours worked, and overtime pay, among other things affecting full-time and part-time workers. Overtime pay at a rate of not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.

Non-Exempt Employee
An employee who is not exempt from the overtime provisions of the FLSA and therefore must be paid at a rate of one and one-half times her/his regular rate of pay for hours worked in excess of 40 in a workweek.

The Patient Protection and Affordable Care Act of 2010 (PPACA)
The Patient Protection and Affordable Care Act of 2010 is a federal health care reform statute which contains provisions for the protection of health and other related provisions. Section 4207 of the PPACA amends Section 7 of the Fair Labor Standards Act requiring employers to provide breaks for nursing mothers.

4. APPLICABILITY

This policy applies to all employees, including student workers.

  • An employee shall be eligible for this benefit up to, but not beyond, one year after the child’s birth.
  • This benefit is available to employees during their basic workweek and any overtime or additional hours worked. 

5. POLICY

In accordance with The Patient Protection and Affordable Care Act, which amended section 7 of the Fair Labor Standards Act (FLSA), James Madison University employees will be allowed reasonable, unpaid break time to express milk for a nursing child for up to one year after the child’s birth each time such employee has need to express milk. A specific location will be provided, other than a bathroom, which is shielded from view and free from intrusion from co-workers and the public.

6. PROCEDURES

6.1 Employees who wish to express milk during the work period should keep supervisors informed of their needs so that appropriate accommodations can be made to satisfy the needs of both the employee and the department.

6.2 Reasonable Break Time
The university allows nursing mothers a reasonable amount of break time to express milk as frequently as needed. The frequency of breaks, as well as the duration of each break will likely vary. Although an employee is not required to, she may use her normal break time and/or meal period for this purpose or a reasonable amount of time during her regular work shift.

6.2.1 If possible, the nursing or milk expressing time is to run concurrently with any break time already provided. For Non-Exempt employees, break times of less than 15 minutes will be considered ‘paid time’ while breaks of more than 15 minutes will be ‘unpaid’ time, as long as she is away from her work station and free from regular work duties. Therefore, supervisors, in consultation with their employees, are encouraged to use “flextime” for the purposes of expressing milk.

6.2.2 Non-Exempt and Exempt classified employees may opt to use appropriate leave in lieu of using flextime for the purposes of expressing milk.

6.3 Dedicated Space
University departments will dedicate space for nursing mothers upon return to work, if requested by the employee to express milk for her child. A temporary space created or converted for expressing milk will be made available when needed by the nursing mother. A bathroom does not meet the requirements of this statute. This space must be shielded from view, lockable, have a place to sit, as well as an electrical outlet.

6.4 Storage
The ability to safely store expressed milk for her child is required under this policy. While the university is not required to provide refrigeration options for nursing mothers they must be allowed to bring a pump and insulated food container to work for expressing and storing the milk and a place where she can store the pump and insulated food container while she is at work (e.g., a locker, closet, cabinet, or other space where the pump and container will not be disturbed or contaminated).

7. RESPONSIBILITIES

Employees are encouraged to give their supervisors advance notice of their intent to take breaks at work to express milk and must discuss appropriate scheduling options with their supervisors.

Supervisors may ask an expectant employee if she intends to take breaks to express milk upon her return to work. This will facilitate the supervisor’s ability to comply with the law, e.g. determining an acceptable location for expressing milk, coverage during the employee’s break, etc.

Human Resources will provide guidance and assistance about these requirements to employees and their supervisors to assure compliance with the PPACA and Section 7 of the Fair Labor Standards Act.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

9. EXCLUSIONS

None

10. INTERPRETATION

The authority to interpret this policy rests with the president, and is generally delegated to the Director of Human Resources.

Approved:                                                                     Date:

__________________________________                       ________________________________

 Jonathan R. Alger, President

ADDITIONAL RESOURCES

Unites States Department of Labor, Wage and Hour Division – Fact Sheet #73: Break Time for Nursing Mothers under the FLSA
http://www.dol.gov/whd/regs/compliance/whdfs73.pdf

United States Department of Labor, Wage and Hour Division – Fact Sheet #22: Hours Worked Under the FLSA
http://www.dol.gov/whd/regs/compliance/whdfs22.htm

La Leche League
http://www.llli.org/

Womenshealth.gov
http://www.womenshealth.gov/breastfeeding/