Skip to Main Content

News

Events

News

Events

News

Events

News

Events

News

Events

Index by Category

You are in the main content

Policies regarding Classified Employees

Policy Number Policy name Content
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

1305 Performance Evaluation for Classified Employees

1. PURPOSE

The purpose of this policy is to ensure a high standard of work performance for every classified employee and to provide for a more fulfilling work experience. In addition, this policy is designed to foster communication between supervisors and classified employees which includesa clear statement of performance expectations and a workable performance plan. The university's Performance Management Program is an integral part of the Compensation Management System, as is regular and consistent communication between the supervisor and the employee.

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.

Virginia Department of Human Resource Management (DHRM) Policy 1.40 Performance Planning and Evaluation establishes guidelines for the performance evaluation of classified employees. This policy adheres to those guidelines and provides clarification as necessary.

3. DEFINITIONS

Below Contributor
Work that fails to meet performance measures. To receive an overall Below Contributor rating, an employee must have received at least one documented Notice of Improvement Needed or Written Notice within the performance cycle.

Contributor
Work that is characterized by fully meeting performance measures.

Core Responsibilities
Job responsibilities that are primary and essential to the type of work performed by an employee and normally remain relatively consistent during the performance cycle.

Departmental Values
Evaluation factors which represent the behaviors, objectives and competencies that departments value as employees perform their work.

Employee Work Profile (EWP)
The combination of an employee's position description, performance evaluation and Individual Professional Development Plan (IPDP).

Extraordinary Contributor
Work that consistently and considerably exceeds performance measures. To receive an overall Extraordinary Contributor rating, an employee must have received at least one documented Acknowledgement of Extraordinary Contribution within the performance cycle.

Individual Professional Development Plan (IPDP)
An individualized record of an employee's current training needs or desires and short and long term career goals. It is a written plan for developing knowledge, skills and competencies that support both the organization's objectives and the employee's needs and goals.

Interim Performance Evaluation
A performance evaluation completed during the performance cycle to assess and document the employee's progress toward achieving the performance plan. This may also be used as an optional evaluation conducted near the mid-point of the performance cycle or on an as-needed basis. Interim performance evaluations are not considered official documents and are retained in the supervisor's confidential file for use in completing the Annual Performance Evaluation.

Measures
Qualitative and/or quantitative standards against which each core responsibility, special assignment and overriding departmental value is assessed. Measures describe major duties, assignments, objectives and behaviors in terms of complexity, accountability and outcomes and must be specific, measurable, attainable and relevant.

Performance Cycle
The period from October 25 through October 24 of each 12-month period during which an employee's performance is evaluated.

Performance Evaluation
The official determination of the degree to which an employee has met the established performance expectations and measures, as indicated in the Position Description.

Performance Increase
A monetary increase based on results of the annual performance evaluation and guidelines issued by DHRM and JMU. Performance increases are effective November 25 of each year when funding is available.

Position Description
The electronic document (available in PositionLink) that includes a brief work description, core responsibilities, performance measures, special assignments and departmental values.

Probationary Period
An introductory period of employment that allows the employee and university to determine if the employee is suited for the job. The typical probationary period is 12 months; however, it can be extended for up to six additional months, not to exceed 18 months, for performance reasons, if an employee is absent for an extended period of time, or if an employee transfers into a new position during the last six months of his/her probationary period.

Probationary Progress Review
Formal reviews held at thee, six, nine and 12-months in the employee's probationary period. Supervisor's use the Probationary Progress Review to assess and document the employee's performance during their first year of employment.

Reviewer
The supervisor of an employee's immediate supervisor, or another person designated to review an employee's position description, performance plan, performance rating and who responds to appeals of performance ratings.

Salary Administration Plan
The plan that reflects JMU's philosophy and policies in support of the mission to ensure consistent and fair employment and compensation practices.

Supervisor
The person to whom the employee directly reports and who is responsible for ensuring the employee has a clear, accurate and up-to-date EWP.

University Compensation Committee
The committee recommends, reviews, monitors and evaluates compensation practices and programs for university employees. Committee members include division representatives, the university budget director and the director of Human Resources.

4. APPLICABILITY

This policy applies to all classified employees and supervisors of classified employees.

5. POLICY

All classified employees must be evaluated according to schedules and procedures set out in this policy. Employee performance is a key component of how pay will be administered not only in the Performance Management Program but also with the university's pay practices as outlined in the Salary Administration Plan.

Key design features of the university's Performance Management Program include three performance-rating levels, a 12-month probationary period for new employees, an opportunity for employee self-evaluation and an optional interim evaluation.

5.1 Reviewer Approval of the Performance Evaluation

The reviewer is responsible for approving the evaluation before it is presented to the employee. Reviewers have the authority to change any part of the performance evaluation based on their knowledge and/or judgment about the employee's performance or the supervisor's approach to the performance evaluation.

6. PROCEDURES

6.1 Development of Position Description

The position description in PositionLink is the central document to the university's Performance Management Program. The position description iscreated by the supervisor and approved by the reviewer. Following the reviewer's approval, position descriptions are discussed with the employee within the first 30 days of employment. Supervisors should use this as an opportunity to discuss the employee's responsibilities, expected job performance and clarify any aspects of the job. Changes to core responsibilities and measures must be updated by the supervisor and reviewed with the employee as they occur.

6.2 Information Gathering for the Performance Evaluation

In order for performance evaluations to be effective and reflect the actual performance of the employee, it is imperative to collect and document information on a continuous basis. Supervisors should use a variety of sources when gathering evaluation information.

Sources may include direct observation of employee behaviors and work products by the supervisor and information solicited from peers, customers, subordinates and other supervisors who interact and work with the employee. Working in conjunction with an HR Consultant departments may also develop supplemental evaluation tools such as a 360 evaluation or team-based objectives and measures.

Additionally, a valuable source of information for performance evaluations can be obtained from the employees themselves. The university's Performance Management Program requires employees to actively to participate in the performance evaluation process. Employees must be given the opportunity to provide their supervisor with a self-evaluation of their performance for the evaluation period. Using their position description, employees complete a self-evaluation and submit it to the supervisor. The supervisor must review and consider the self-evaluation when completing employee performance evaluations.

6.3 Feedback during the Performance Evaluation Cycle

Supervisors should mentor, coach and reinforce progress toward expected results and outcomes and address areas of concern as they occur. Effective management of performance involves providing continuous formal and/or informal feedback to employees throughout the entire performance cycle. The content of the annual performance evaluation must never come as a surprise to the employee.

Another source of information that is particularly valuable for management development purposes is employee feedback on their supervisor's performance, commonly referred to as Upward Feedback or 360-degree feedback.

6.4 Interim Performance Evaluations

Interim performance evaluations provide an opportunity to give structured feedback to employees on their progress toward meeting performance expectations during the evaluation period. Interim performance evaluations may be conducted at any time during the performance cycle.

When an employee's supervisor changes during the performance cycle, the outgoing supervisor should complete an Interim Performance Evaluation at that time. This is helpful to the incoming supervisor to assist in the evaluation of the employee at the end of the performance cycle. The new supervisor should review the performance expectations, make any necessary modifications and incorporate the former supervisor's assessment in the overall evaluation.

An Interim Performance Evaluation should be completed prior to departure if, after six months into the performance cycle, an employee transfers into a new position with a different supervisor or between state agencies. The employee's new supervisor should consider this information in assessing the employee's performance.

6.5 Acknowledgment of Extraordinary Contribution/Substandard Performance

Acknowledging an employee's performance in a timely manner will either reinforce exceptional behaviors or identify employee performance that is unacceptable and needs improvement. All performance, whether extraordinary, acceptable or unacceptable must be acknowledged and recognized throughout the performance cycle.

Supervisors are encouraged to recognize exemplary performance by completing an Acknowledgement of Extraordinary Contribution. It is important to differentiate between performance that is expected and performance that exceeds supervisory expectations.

Supervisors must immediately identify poor, substandard and/or unacceptable performance. Substandard performance on any core responsibility or special assignment may result in a Notice of Improvement Needed. Working in conjunction with an HR Consultant, supervisors will develop an improvement plan, with specific timelines, addressing the area(s) that require immediate improvement. Input will be solicited from the employee in developing the improvement plan. A timeline for improvement must be established for at least 30 days and no more than 180 days. Based on the timeline, the supervisor must re-assess the employee's performance relative to the performance improvement plan.

Policy 1317-Standards of Conduct and Performance for Classified Employees addresses the concept of progressive discipline and assists supervisors in working with employees to improve their performance. Supervisors would normally address first time minor or marginal performance issues through performance counseling and coaching. However, repeated and/or more serious performance or conduct issues may result in more severe disciplinary action, such as issuance of a Written Notice.

The Acknowledgement of Extraordinary Contribution and Notice of Improvement Needed are not considered official documents and are retained in the supervisor's confidential file for use in completing the Annual Performance Evaluation. An Acknowledgement of Extraordinary Contribution, Notice of Improvement Needed or Written Notice may support an overall rating of Extraordinary or Below Contributor on the Annual Performance Evaluation; however, receipt of this documentation does not guarantee such a rating.

6.6 Completing the Performance Evaluation

The supervisor must complete performance evaluations for non-probationary employees, along with the Individual Professional Development Plan (IPDP), and submit to Human Resources by the last workday in September.

In completing the performance evaluation and arriving at an overall performance rating, the supervisor will take into consideration how successful the employee was in meeting the criteria established by the performance measures and the length of time the employee performed in their job. To support the overall rating of Extraordinary Contributor, an Acknowledgement of Extraordinary Contribution from the same performance cycle must be attached to the Annual Performance Evaluation when it is submitted to Human Resources.

To support the overall rating of Below Contributor, an employee must have received at least one Notice of Improvement Needed or Written Notice during the same performance cycle. The Notice of Improvement Needed must be attached to the Annual Performance Evaluation when it is submitted to Human Resources. It is not necessary to attach a copy of the Written Notice, as it is already on file in Human Resources. An employee who receives an overall rating of Below Contributor must be re-evaluated within three months.

If a Written Notice is used in place of a Notice of Improvement Needed to support a rating of Below Contributor, and the notice is subsequently removed pursuant to the Grievance Procedure, the performance evaluation must be modified accordingly.

Employee absences due to compensatory time, overtime leave, Military Leave, Workers' Compensation, Family and Medical Leave and Short Term Disability must not influence the employee's overall performance rating. However, if an employee was absent from work for a significant portion of the performance year, the percentage increase may be impacted.

6.7 Conducting the Evaluation Meeting

The purpose of the evaluation meeting is to provide the supervisor and employee an opportunity to discuss job performance and achievement of professional development goals during the previous performance cycle and plan for future performance objectives. The evaluation meeting requires careful planning and preparation on part of both the supervisor and employee. The supervisor must be prepared to discuss what input/feedback was considered in the employee's evaluation and the rationale for each of the individual and overall performance ratings. In addition, the evaluation meeting is the time for the employee and supervisor to determine at least one professional development goal for the upcoming performance cycle.

If an employee disagrees with the performance evaluation, he or she will be given the opportunity to provide an explanation. The supervisor may change any ratings based on the information provided by the employee. If the supervisor decides to change a rating, the reviewer must be consulted before the change is made and must initial the change.

At the end of the evaluation meeting the employee will write any comments and sign the form indicating that the results have been discussed. If the employee refuses to sign the evaluation, the supervisor must indicate this on the performance evaluation.

6.8 Overall Below Contributor Rating -- Performance Re-evaluation Plan

Within 10 workdays of the evaluation meeting, working in conjunction with an HR Consultant, the supervisor must develop a performance re-evaluation plan that sets forth performance measures for the next three months, and have it approved by the reviewer.

At the conclusion of the re-evaluation period, if the employee's rating continues to be Below Contributor, the supervisor has several options including demotion, reassignment, reduction of duties or termination. It is the supervisor's responsibility to ensure that effort has been made for improvement and employee development before taking a final action such as demotion or termination.

If the supervisor working in concert with an HR Consultant identifies another position within the time allotted for improvement that is more suitable for the employee's level of performance, then the employee may be reassigned or demoted. This will conclude the re-evaluation period. If this occurs, the employee will not be eligible for a performance increase. With a demotion, the employee's salary must be reduced by at least 5%.

As an alternative to reassignment or demotion, the supervisor may elect to maintain the employee in his or her position and eliminate the duties that the employee was unable to successfully fulfill. This reduction in duties must be accompanied by a concurrent salary reduction of at least 5%.

If the supervisor, reviewer and HR Consultant determine that termination from employment is the proper action based on the re-evaluation, the employee will be terminated at the conclusion of the re-evaluation period.

6.9 Performance Increases

The General Assembly and the Governor annually determine the statewide average performance increase for the university's workforce if state funds allow for such an increase. The university is not authorized to supplement the funding provided by the General Assembly and Governor for employee performance increases.

The Commonwealth may implement a pay for performance program in which pay increases are tied to the employee's particular rating. The exact figure, which by percentage will be the same for all full-time employees with similar ratings, will be determined by the senior leaders working in conjunction with the university Compensation Committee and Human Resources.

6.10 Appeals

When an employee disagrees with the evaluation and this cannot be resolved with the supervisor, the employee may appeal to the reviewer for reconsideration. The employee must make this appeal in writing within 10 workdays of the initial evaluation meeting. The reviewer will discuss the appeal with the supervisor and the employee.

After discussion of the appeal, the reviewer must provide the employee with a written response within five workdays. The response will indicate the reviewer's conclusion of the performance evaluation.

6.11 Probationary Progress Reviews

The supervisor must evaluate and provide structured feedback periodically to the new employee during the 12-month probationary period. A Probationary Progress Review will be completed at approximately 3, 6 and 9 months of the probationary period. Supervisors will receive electronic notifications from Human Resources when these reviews are due. In addition, at any time during the probationary period, the Probationary Progress Review may be used to document the employee's progress and to provide performance feedback.

The final Probationary Progress Review should occur approximately three weeks prior to the completion of the probationary period. A copy of the Probationary Progress Review will serve as written notification that the probationary period has been satisfactorily completed. If a probationary employee is not notified of satisfactory completion or extension of the probationary period at the end of 12 months, it is understood that the employee successfully completed the probationary requirement.

6.11.1 Extension of Probationary Period

The probationary period may be extended for up to six additional months for performance reasons or due to periods of leave with or without pay. However, the probationary period may not exceed 18 months, excluding periods of leave. Employees must be notified in writing when their probationary period will be extended.

The extension of the probationary period must be documented on a Probationary Progress Review and must be approved by the reviewer. A copy of the completed Probationary Progress Review must be given to the employee.

When a probationary employee transfers into a different position during the first six months of probation, the remainder of the probationary requirement must be completed. If an employee transfers into a new position during the last six months of the probationary period, the employee must complete the remainder of the probationary requirement, and the supervisor may elect to extend the probationary period not to exceed a total of 18 months. In all cases, the employee must be notified in writing when the probationary period is to be extended.

6.11.2 Performance Increases for Probationary Employees

Probationary employees are not eligible for an increase that recognizes the completion of their probationary period. However, the university may provide a performance increase to probationary employees when the state is providing annual increases. Performance increases for probationary employees will be dependent on a Contributor rating and may be pro-rated based on the employee's hire date. Employees rated Below Contributor will not be eligible for a performance increase.

7. RESPONSIBILITIES

The president, vice presidents, deans, associate/assistant vice presidents, directors, and particularly supervisors of classified employees are responsible for ensuring consistent application of the Performance Management Program and this policy, and for communicating the content to classified employees.

All supervisors of classified employees are responsible for completing and submitting performance evaluations in accordance with established policies and procedures. Supervisors are also responsible for ensuring that each classified employee has a clear, accurate, up-to-date EWP.

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

Wage employees, administrative and professional faculty and instructional faculty are not evaluated under 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: June 2012
Approved by the President: April 2002

Index of Terms

Acknowledgement of Extraordinary Contribution
Below Contributor
Contributor
Employee Work Profile
Extraordinary Contributor
Individual Professional Development Plan
Notice of Improvement Needed
Performance Cycle
Performance Evaluation
Performance Increases
Performance Management
Position Description

1322 Probationary Period for Classified Employees

1. PURPOSE

To establish the university's policy for the mandated probationary period for all classified 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

This policy is written in keeping with Virginia Department of Human Resource Management (DHRM) Policy 1.45 - Probationary Period and VA Code § 2.2-2812 Employment of Personnel.

3. DEFINITIONS 

Probationary Period
The introductory period of employment that allows the employee and JMU to determine if the employee is suited for the job. During the probationary period, employees may be terminated at the pleasure of the appointing authority, without access to the State Grievance Procedure. The normal probationary period is 12 months; however, it can be extended as described in this policy for up to 18 months for performance reasons, if an employee is absent for an extended period of time, or if an employee moves to another position within the last six months of the 12-month period.

Probationary Progress Review Form
The form used to document the probationary employee’s progress through the probationary period.

4. APPLICABILITY

This policy applies to all classified employees.

5. POLICY

It is the university's policy to require all classified employees to satisfactorily complete a 12-month probationary period as a prerequisite to continued employment with the university. 

6. PROCEDURES

6.1 New employment/Re-employment

Employees who are hired/re-hired into a classified position must serve a 12-month probationary period effective from the date of employment/re-employment. Employees who have completed a probationary period during their current employment, and who begin a new classified position with no break in service, are not required to serve a new probationary period unless they fall within the guidelines of 6.2 and 6.3 for positions that require a new and/or extended probationary period.

6.2 New probationary period

A person who is selected for a position that requires certification following completion of a prescribed training program must complete a new probationary period. Recruitment announcements for positions that require new probationary periods must include this requirement. Offer letters or other written employment notification also must include information about the additional probationary requirement, as appropriate.

An employee who is promoted into a higher position that requires serving another probationary period shall be offered to be returned to his/her previous position or an equivalent vacancy if the probationary period is not completed for any reason other than misconduct.

6.3 Reasons for extending the probationary period

Probationary periods may be extended for up to six additional months for performance reasons. 

Probationary periods must be extended when probationary employees are on any leave with or without pay for more than 14 consecutive calendar days. 

Leaves requiring extension of the probationary period may include:

  • Family Medical Leave
  • Leave without pay-layoff 
  • Military leave with or without pay 
  • VSDP (Virginia Sickness and Disability Program) short-term disability (STD) leave for more than 14 consecutive calendar days. Also included are periods of short-term disability where the employee is working in an “active employment” status with restrictions/modifications.
  • Workers’ Compensation 

Extensions include the first 14 days of absence, as well as those days in excess of 14, up to the date an employee returns to work. The total probationary period may not exceed 18 months, excluding periods of leave with or without pay. 

6.4 Change in position during the probationary period

When a probationary employee moves to a different position during the first 6 months of the probationary period, the remainder of the 12-month requirement must be completed. (However, the probationary period also may be extended for performance or leave reasons as described above.)

If an employee moves to a new position during the last 6 months of the probationary period, the employee's probationary period may remain as the original 12 months, or may be extended so that the new supervisor has the benefit of the full 12-month probationary period. However, the total time served in probationary status may not exceed 18 months (excluding any periods of leave that exceed 14 consecutive calendar days as described above.)

6.5 Employee Notification of Extended Probationary Period

Employees must be notified in writing on the Probationary Progress Review form if their probationary periods will be extended beyond the initial 12 months. Extensions must be approved by the reviewer.

6.6 Probationary Progress Reviews during the Probationary Period

  • At the end of 3, 6 and 9 months the supervisor should use the Probationary Progress Review form to record employee progress towards meeting established core responsibilities, special assignments and departmental values as well as make recommendations for performance improvement. 
  • The supervisor should meet with the employee at the end of 3, 6 and 9 months, and should also meet with the employee 3 weeks prior to completion of the probationary period, to discuss their progress. A rating of Contributor indicates satisfactory performance.
  • A decline in performance following a satisfactory performance review, but before completion of the probationary period, may be the basis for termination.
  • The completed Probationary Progress Review is an official form that is kept in the employee's personnel file in Human Resources.
  • The supervisor, reviewer and employee may also make recommendations for revisions to the position description in PositionLink at these intervals.

6.7 Additional Documentation of Work Performance

Documentation other than the Probationary Progress Review, such as any memoranda or an interim evaluation, is not official documentation of performance and should be kept in a confidential file separate from the employee's personnel file. 

6.8 Termination or Disciplinary Action

If the university determines at any time during the probationary period that an employee is not suited for the job and unable to improve satisfactorily, the employee should be terminated or allowed to resign at the discretion of the university. Notification of termination must be issued in writing. If notification must be made by mail, it is recommended that it be sent by certified or registered mail. Records related to termination shall reflect "unsatisfactory performance during the probationary period" or "resignation."

Probationary employees do not have access to the State Grievance Procedure to grieve a termination or disciplinary action. Any employee, including a probationary employee, who claims that termination, or other disciplinary action, was based on age, color, disability, gender identity, genetic information, national origin, parental status, political affiliation, race, religion, sex, sexual orientation or veteran status may file a discrimination complaint with JMU’s Office of Equal Opportunity or the Department of Human Resource Management.

6.9 Completion of Probationary Period

The supervisor should meet with the probationary employee 3 weeks prior to completion of the 12-month probationary period and provide the employee with a completed Probationary Progress Review. If a probationary employee works beyond a 12-month period without being notified (1) of satisfactory completion or (2) that the probationary period was extended, the employee will be regarded as having successfully completed the probationary requirement. 

Satisfactory completion of the probationary period does not result in the employee's receiving a guarantee of continued employment, but entitles the employee to certain rights as set forth in university policies.

There are no automatic pay increases as a result of completion of the probationary period.

6.10 Merit Increases

Merit increases for probationary employees, when available, must be based on the employee’s most recent Probationary Progress Review rating. The rating must be at the Contributor level to be eligible for a performances increase, which when funded, becomes effective on November 25.

7. RESPONSIBILITY 

The Director of Human Resources is responsible for the consistent application of this policy. The Director of Human Resources, as well as vice presidents, deans, directors and department heads are to ensure that probationary employees are informed of this policy. In addition, vice presidents, deans, directors and department heads are responsible for their department's adherence to this policy. Questions related to the application of this policy should be directed to an HR Consultant

Supervisors are responsible for conducting effective interim performance evaluation meetings at 3, 6, 9 months, as well as 3 weeks prior to the end of the probationary period.

Human Resources is responsible for reminding supervisors that reviews are due, as well as maintaining completed probationary progress review forms.

8. SANCTIONS

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

9. EXCLUSIONS

This policy does not apply to wage employees, instructional, or administrative & professional 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: August 2012
Approved by the President: September 2002

1303 Provisions for Granting Overtime and Compensatory Leave

1. PURPOSE

This policy establishes an overtime and compensatory leave policy at James Madison University as provided by the Fair Labor Standards Act (FLSA) which applies to all JMU 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., directs, among other things, that employees be paid at a rate of time and a half for every hour worked in excess of 40 hours in one workweek. This is the case unless an employee is considered 'exempt' from the Act's overtime provisions.

3. DEFINITIONS

Exempt Employee
An employee who is exempt from the overtime provisions of the FLSA and accordingly 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 overtime pay 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 thus 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.

4. APPLICABILITY

This policy applies to all employees of the university. Overtime provisions apply only to non-exempt employees.

5. POLICY

All employees of James Madison University are covered by the FLSA, although some employees are exempt from its overtime provisions depending upon the type of positions the employees occupy. For purposes of FLSA, each position must be designated exempt or non-exempt. Exempt employees will not receive overtime pay regardless of the number of hours worked. They are also exempt from receiving compensatory leave except for hours worked on a scheduled holiday or inclement weather day. Under rare circumstances, certain exempt employees may qualify for extra pay for additional work performed. Contact Human Resources for details.

All positions in pay bands 1 and 2 will receive a non-exempt status. The status of positions in pay bands 3 and 4 are determined by the duties and responsibilities of the position. Positions in pay bands 5 and higher are generally exempt positions. Hiring supervisors will inform employees of their exempt/non-exempt status.

Senior Administrators, department heads, or supervisors are required to approve overtime before any non-exempt employee performs the work in excess of 40 hours per week. Authorization will be granted only to cover emergencies and to provide for staff coverage during peak workloads.

Departments have the option of choosing to offer Overtime Leave for classified non-exempt employees in lieu of cash compensation (see section 6.5 below). However, this choice is strictly at the department's discretion.

6. PROCEDURES

6.1 Although pay is processed on a semi-monthly schedule, the FLSA requires that hours worked in excess of 40 in a regular workweek by non-exempt employees be compensated at one and one-half times the regular rate of pay. The regular workweek begins 12:01 a.m. Sunday and ends at midnight the following Saturday, except for those employees whose workweek is designated differently.

Non-exempt employees will be granted compensatory leave that is hour for hour for time worked beyond the required hours in a workweek in which no more than 40 hours are actually worked. This may happen when an employee has used annual, sick or compensatory leave during the workweek. Eligible exempt and non-exempt employees will be granted compensatory leave when required to work on a holiday or inclement weather day. For further clarification please refer to DHRM Policy 3.10-Compensatory Leave and Policy 4.25-Holidays.

6.2 For classified non-exempt employees, department heads or supervisors must submit an authorized Record of Overtime Pay to Payroll Services or an authorized Record of Overtime Leave to Human Resources.

6.3 For wage (i.e., part-time and student) employees, overtime hours must be properly reported to Payroll Services on the JMU Time Entry panels. Care should be taken not to report overtime hours as regular hours. When determining overtime, ALL hours worked for the university are calculated.

6.4 The Student and Wage Employee Time Sheet (or alternative time sheet that contains the same information) must be maintained for each non-exempt wage (part-time and student) employee. A Time and Attendance Record for non-exempt classified employees must be maintained. Both time records must include a daily record of all paid and non-paid leave used. The paid leave includes annual leave, sick leave, holidays, workers' compensation, civil leave, inclement weather days, and military leave. The unpaid leave would include leave without pay and suspension. In addition, the employee and supervisor's signature must be on the Time and Attendance Record and Student and Wage Employee Time Sheet (or alternative time sheet) for each payroll period to certify that the time recorded is accurate. Refer to Financial Procedures Manual section 5005.321.

Time and attendance records are retained in Human Resources for at least four years or until audited, whichever is longer.

6.5 As an alternative to cash payments for overtime hours worked, a department head/supervisor may choose to give their non-exempt employees the option of receiving Overtime Leave instead of cash payments for hours worked in excess of 40 during the regular workweek. When choosing to use this option, the supervisor should discuss the option with the employee who is expected to incur overtime hours. The employee may then choose either to receive cash payment for overtime hours worked or Overtime Leave as compensation. If the employee chooses cash payment, the current procedure of reporting the hours directly to the Payroll Office applies. However, if the employee chooses the Overtime Leave option, his or her supervisor will complete the Overtime Leave Form for the overtime hours worked, sign the form and submit it to Human Resources. The form must include the information used by the supervisor to calculate the Overtime Leave hours earned (essentially, one and one-half times the number of hours actually worked in excess of 40 in the workweek.)

The following stipulations and limitations apply to this Overtime Leave provision:

  • All overtime must always be authorized in advance by the supervisor or reviewer.
  • The decision regarding whether to offer this option to an employee is at the discretion and initiation of the department and/or supervisor.
  • Once a department offers the Overtime Leave option to one employee, it must offer the option to all qualified employees in the department.
  • This option is available only to full-time non-exempt classified employees. Wage employees never qualify for paid leave and must be paid cash for any and all overtime hours worked.
  • This option does not apply to exempt employees.
  • If an employee chooses the Overtime Leave option, that choice will be confirmed in writing by the supervisor in a memo to the employee with the policy attached.
  • Once an employee chooses the overtime leave option, he or she will be paid in leave for the next 40 consecutive overtime hours worked, thereby accumulating the maximum limit of 60 Overtime Leave hours. No employee may accumulate more than 60 hours of Overtime Leave. When the employee accumulates the maximum amount of hours, he or she must revert to payment for overtime hours. The supervisor is responsible for making certain that the employee does not exceed the maximum of 60 hours of Overtime Leave. Employees whose overtime leave hours have reached the 60 hour limit must be compensated with time and one-half overtime pay for additional overtime hours worked until the overtime leave balance has been reduced through the use of leave or the payment of leave hours.
  • An employee who separates from the university with an overtime leave balance will be reimbursed for that leave at the hourly rate being earned at the time of separation from the university OR the employee's average hourly pay rate over the last 3 continuous years of employment, whichever is higher.
  • An employee who is transferred, promoted, or demoted to another non-exempt classified position at JMU will retain any Overtime Leave accrued.
  • An employee who is transferred, promoted, or demoted to an exempt position at JMU will be compensated for the accumulated Overtime Leave at the hourly rate being earned at the time of leaving the non-exempt position OR the employee's average hourly pay rate over the last 3 continuous years of employment, whichever is higher.
  • Overtime Leave may not be used in leave sharing.

7. RESPONSIBILITIES

Hiring supervisors must inform all new employees of their exempt or non-exempt status. Human Resources is available to assist with this function.

It is the responsibility of supervisors to ensure that hours worked and leave records are maintained on all non-exempt employees and are accurately reported to Human Resources or Payroll Services.

Questions related to the application of this policy should be directed to the appropriate supervisor or Human Resources.

Supervisors in departments choosing to use the Overtime Leave option are responsible for completing the Overtime Leave form and ensuring that no employee accumulates more than 60 hours of Overtime Leave.

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

9. EXCLUSIONS

Employees whose positions are classified as 'exempt' are not eligible to receive overtime pay or overtime 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: December, 2011
Approved by the President: January, 2004

1336 On-Call Status and Compensation

1. PURPOSE

To establish a consistent procedure to identify and compensate classified employees who are required by the university to respond to emergency or essential work situations related to their official duties and responsibilities.

2. AUTHORITY

This policy is in compliance with the Fair Labor Standards Act (29 U.S.C. 201, et seq.) which outlines specific employment policies including overtime and on-call stipulations.

3. DEFINITIONS

Call-Back Status
When a classified employee is called back to work in response to emergency or essential work situations directly related to his/her official duties and responsibilities.

Essential Work
Work that is deemed by a department to be critical enough to justify the employee's extended availability beyond the normal work schedule.

Exempt Employee
An employee who is exempt from the overtime provisions of the Fair Labor Standards Act and is therefore not required to receive overtime pay for hours worked in excess of 40 in a workweek.

Non-Exempt Employee
An employee who is not exempt from the overtime provisions of the Fair Labor Standards Act and therefore must be paid at a rate of time and a half for every hour worked over 40 in a workweek.

On-Call Status
A classified employee who is required by his or her supervisor/department to be available to respond to emergency or essential work situations related to his/her official duties and responsibilities shall be considered on-call.

4. APPLICABILITY

This policy applies to all non-exempt classified employees who are working in a position that requires their availability to be called back to work in response to emergencies or work that is deemed essential, and that is related to official duties and responsibilities. It also applies to the manager of any department with at least one classified employee required to be on on-call status.

5. POLICY

The university maintains specific requirements and procedures related to compensation for positions that require on-call status.

6. PROCEDURES

Restricted On-call Status
A non-exempt employee is considered in restricted on-call status if the employee is required to remain by a telephone or at a certain location and cannot use his/her personal or non-duty time effectively while on-call. Restricted on-call hours are to be counted as hours worked and compensated accordingly.

Unrestricted On-call Status
A non-exempt employee is considered in unrestricted on-call status if he/she is free to spend non-duty time as he/she chooses. If an employee only has to leave word as to how he/she can be contacted or carry a pager/cell phone, he/she is considered unrestricted and therefore not entitled to compensation.

Call-Back Pay
A non-exempt employee who is called back to work shall be compensated for the hours actually worked or three hours, whichever is more, and in compliance with the Fair Labor Standards Act. Travel time to and from home is not considered hours worked.

7. RESPONSIBILITIES

Supervisors of classified employees in an on-call status are responsible for strict adherence to this policy.

Directors of departments with employees in on-call status are responsible for regularly monitoring department practices to ensure compliance with this policy.

8. SANCTIONS

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

9. EXCLUSIONS

Exempt employees who are on-call or called back to work are not compensated for hours worked nor granted compensatory time.

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 2009
Approved by the President: November 2002

Index of Terms

Call-back status
Essential Work
Exempt Employee
Non-exempt Employee
On-call

1328 Leave Sharing

1. PURPOSE

It is the Commonwealth's objective to allow eligible employees to participate in a leave-sharing program. This policy represents the university's participation in this objective. It is designed to permit a classified employee to donate annual leave to another classified employee who may need additional leave as a result of a qualifying illness or injury that has resulted in a leave without pay occurrence.

2. AUTHORITY

This policy complies with the Virginia Department of Human Resources Management pursuant to the authority provided in Virginia Code Title 2.2, Chapter 12, sections 2.2-1200 et seq. Additional Commonwealth policies that inform this university policy include: DHRM Policy 4.35, Leave Sharing; DHRM Policy 4.55, Sick Leave; and DHRM Policy 4.57, the Virginia Sickness and Disability Program.

3. DEFINITIONS

Leave Sharing:
The exchange of leave from one classified state employee to another for qualifying reasons and under qualifying circumstances.

Virginia Sickness and Disability Program (VSDP):
A program that provides various sickness and disability-related benefits to eligible Commonwealth employees as described in DHRM Policy 4.57.

4. APPLICABILITY

Full and part time classified employees who accrue leave and are not enrolled in VSDP are eligible to request donated annual leave under the terms of this policy. The policy also applies to employees enrolled in VSDP if the employee experiences an approved leave without pay due to a family member's illness or injury for which the employee is using Family and Medical Leave.

An employee who has met all the criteria in order to receive leave sharing donations and is able to return to work on a part time basis may continue to receive donated hours to cover the hours s/he is unable to work. The cause of the on going absence must be for the same medical condition for which the employee had originally qualified for leave sharing.

VSDP status does not affect one's eligibility to donate leave to the program.

5. POLICY

Under the circumstances described below, the university will allow classified employees to share leave from existing annual leave balances.

Eligible employees not covered under the Virginia Sickness and Disability Program may request donated annual leave as described in this policy if the employee:

  1. Experiences leave without pay due to a personal illness or injury, or
  2. Experiences leave without pay due to a qualifying family member's illness or injury for which the employee is using Family and Medical Leave.

6. PROCEDURES

6.1 Employees wishing to receive leave must initiate such requests by contacting Human Resources. Human Resources will then communicate the request to all potential donors, but will not reveal the identity of the requesting employee unless the employee gives his/her permission. In the event that an employee is physically or mentally unable to initiate a request through Human Resources, a family member or the supervisor may file the request.

6.2 For all purposes other than the receipt of salary, employees receiving donations through the Leave Sharing Policy shall be considered on leave without pay status (e.g., no accrual of annual or sick leave).

6.3 Donations to recipients shall be in the form of annual leave only.

6.4 Leave may be shared intra-agency and donations may be accepted from employees of other Executive Branch agencies.

6.5 Donors are not required to retain minimum balances of personal sick or annual leave, nor is there a limit on how many hours of annual leave may be donated.

6.6 Donations to a recipient shall be made in eight-hour increments.

6.7 Eligible recipients shall not be required to reimburse leave hours donated to them unless compensation is received from another source for the same period of time the employee received leave sharing hours, such as when monies are received from the leave share program and subsequently Workers' Compensation benefits are received retroactively for the same period of time;

  • If repayment is required, leave payment shall be made at the current salary rate of the recipient, not the donor. Reimbursed leave hours will be returned to the original donor(s).

6.8 Donors shall complete a Donor Form when contributing leave and submit it to Human Resources.

6.9 Leave donations can be reclaimed by the donor only if the Donor Form has not yet been processed.

6.10 Direct share hours will be prorated for part-time classified employees (e.g., if a classified part- time employee who works 20 hours per week receives 60 hours of donated leave, the donated leave will be paid to that employee at a rate of 20 hours per week).

6.11 Recipients shall have no balance of personal leave (annual, sick, compensatory, personal day, recognition leave) and shall have been placed on official leave without pay.

6.12 Use of leave under the program shall be for medical conditions defined as follows:

  • Any illness or injury that is certified by an approved health care provider and that requires medical attention and all leave balances have been exhausted. (See Section 9 for those medical conditions for which leave may not be donated.)
  • It is the responsibility of the employee to provide the required certification from an approved health care provider. The university has the option of selecting an health care provider to render a second evaluation/opinion and certification. Such certification will be at the university's expense. However, if the two health care providers disagree whether a medical condition exists, it is within the sole discretion of the university to determine which opinion prevails.

7. RESPONSIBILITIES

An eligible employee is responsible for requesting donated leave by contacting Human Resources. In a case where the employee is unable to request leave, a family member or the employee's supervisor may submit a request.

Donor employees are responsible for initiating the offer to donate leave by completing a leave donor form and submitting to Human Resources.

Human Resources is responsible for coordinating the exchange of leave through this program.

8. SANCTIONS

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

9. EXCLUSIONS

9.1 Medical conditions resulting from the following will be excluded from eligibility for leave sharing benefits:

  • Any job-related injury or illness during the period for which Workers' Compensation benefits have been awarded:
  • Intentional self-inflicted injuries;
  • Injuries occurring in the course of violating a law or ordinance.

9.2 Employees are ineligible to use donated leave during the period of disciplinary suspension.

9.3 Wage employees and faculty (instructional and AP) are not covered by 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: November, 2009
Approved by the President: April, 2002

Index of Terms
Leave
Leave Sharing
Leave without Pay

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

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:

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

1317 Standards of Conduct and Performance for Classified Employees

1. PURPOSE

This policy is written to reflect James Madison University's compliance with the Commonwealth of Virginia's policy to ensure the clear statement of employee expectations and fair treatment of all classified employees. Standards of Conduct are designed to protect the well being and rights of all employees; to assure safe, efficient university operations; and to assure compliance with law. The ultimate goal of this policy is to help employees become fully contributing members of the university community.

The Standards of Conduct serve the following purposes:

  • Establish guidelines for positive employee behaviors that contribute to the success of the university's mission.
  • Establish a fair and objective process for correcting or treating unacceptable conduct or work performance.
  • Distinguish between less serious and more serious acts of misconduct and provide corrective action accordingly.
  • Limit corrective action to employee conduct occurring only when employees are at work or when otherwise representing James Madison University in an official or work-related capacity, unless otherwise specifically provided for.

2. AUTHORITY

This policy complies with Virginia Department of Human Resource Management Policy 1.60: Standards of Conduct.

3. DEFINITIONS

Corrective Action:
Any action taken by management to address employment issues, such as unacceptable or substandard performance and/or behavior. Corrective action may range from an informal action such as counseling to formal disciplinary action.

Disciplinary Action:
An action taken in response to an employee's behavior. Disciplinary actions may range from the issuance of an official Written Notice only to issuance of a Written Notice and termination. Disciplinary action may also include demotion or transfer in lieu of termination. In such cases, the university must initiate a disciplinary-related salary action. With a disciplinary-related salary action, employees may be retained in their current positions and have their duties reduced or be moved to positions in the same or lower pay band with less job responsibilities. In either case, the employee's salary must be reduced by at least 5 percent. In no case may an employee's salary exceed the maximum of the pay band following a disciplinary-related salary action.

Employee Assistance Program
A structured support service that assists the employee with identifying and resolving concerns of the employee that may affect performance.

Harassment:
A form of discrimination consisting of unwelcome or offensive physical, verbal or written conduct that shows aversion or hostility toward a person on the basis of age, color, disability, gender identity, genetic information, national origin, parental status, political affiliation, race, religion, sex, sexual orientation or veteran status in the following situations:

  1. When submitting to or rejecting the conduct is made the basis for an evaluation, personnel action, or recommendation for a personnel action affecting an employee, or an evaluation, action or recommendation for an action affecting a student; or
  2. When the conduct has the purpose or effect of unreasonably interfering with the performance of an employee or a student, and the conduct creates a hostile, intimidating or offensive learning or working environment.

Harassment specifically includes instances of sexual violence of any type perpetrated against a member of the university community.

Standards of Conduct:
Reasonable and acceptable expectations for work performance, conduct, and behavior.

Suspension:
An employee's absence from work without pay imposed by the university as a part of a disciplinary action and/or to remove the employee from the workplace pending (1) an investigation related to his or her conduct or (2) a court action.

Unacceptable Conduct:
Employee conduct or behavior that is inconsistent with state or university standards for which specific corrective or disciplinary action is warranted.

4. APPLICABILITY

This policy applies to all classified employees. It also applies, where applicable, to those who supervise classified employees.

5. POLICY

It is the policy of the university and of the Commonwealth to promote the well-being of employees by maintaining high standards of work performance and professional conduct. The Virginia Department of Human Resource Management has established uniform rules of personal conduct and performance as well as uniform disciplinary guidelines for classified employees.

6. PROCEDURE

Employees covered by this policy are employed to fulfill certain duties and expectations that support the mission and values of their universities and are expected to conduct themselves in a manner deserving of public trust. The following list is not all-inclusive but is intended to illustrate the minimum expectations for acceptable workplace conduct and performance.

Employees who contribute to the success of the university's mission:

  • Report to work as scheduled and seek approval from their supervisors in advance for any changes to the established work schedule, including the use of leave and late or early arrivals and departures.
  • Perform assigned duties and responsibilities with the highest degree of public trust.
  • Devote full effort to job responsibilities during work hours.
  • Maintain the qualifications, certification, licensure, and/or training requirements identified for their positions.
  • Demonstrate respect for the university and toward university coworkers, supervisors, managers, subordinates, residential clients, students, and customers.
  • Use state equipment, time, and resources judiciously and as authorized.
  • Support efforts that ensure a safe and healthy work environment.
  • Utilize leave and related employee benefits in the manner for which they were intended.
  • Resolve work-related issues and disputes in a professional manner and through established business processes.
  • Meet or exceed established job performance expectations.
  • Make work-related decisions and/or take actions that are in the best interest of the university.
  • Comply with the letter and spirit of all state and university policies and procedures, the Conflict of Interest Act, and Commonwealth laws and regulations.
  • Report circumstances or concerns that may affect satisfactory work performance to management, including any inappropriate (fraudulent, illegal, unethical) activities of other employees.
  • Obtain approval from supervisor prior to accepting outside employment.
  • Obtain approval from supervisor prior to working overtime if non-exempt from the Fair Labor Standards Act (FLSA).
  • Work cooperatively to achieve work unit and university goals and objectives.
  • Conduct themselves at all times in a manner that supports the mission of their university and the performance of their duties.

Corrective and Disciplinary Actions

The Commonwealth's disciplinary system typically involves the use of increasingly significant measures to provide feedback to employees so that they may correct conduct or performance problems. It is designed to encourage employees to become fully contributing members of the organization and to enable universities to fairly, and with reliable documentation, terminate employees who are unable or unwilling to improve their conduct and/or job performance.

Counseling is typically the first level of corrective action but is not a required precursor to the issuance of Written Notices. Counseling may be an informal (verbal) or formal (written) communication which conveys that an employee's conduct or performance was improper and must be corrected. This level of corrective action would be appropriate for conduct and/or performance issues resulting in minimal impact to business operations, to the safety and well-being of others, or that involve minor infractions of policies or laws.

Counseling may be documented by a letter or memorandum, but not on the Written Notice form. Documentation regarding counseling should be retained in the supervisor's files, and not in the employee's personnel file, except as necessary to support subsequent formal disciplinary action.

When counseling has failed to correct misconduct or performance problems, or when an employee commits a more serious offense, management should address the matter by issuing a Written Notice. The offenses set forth below are not all-inclusive, but are intended as examples of unacceptable behavior for which specific disciplinary actions may be warranted. To assist management in the assessment of the appropriate corrective action, offenses are organized into three groups according to the severity of the misconduct or behavior.

Group I
Offenses in this category include acts of misconduct that have a relatively minor impact on university business operations but still require management intervention. Active Life of Notice: Two years from its date of issuance to the employee.

  • Unsatisfactory attendance or excessive tardiness
  • Abuse of state time, including, for example, unauthorized time away from the work area, use of state time for personal business and abuse of sick leave
  • Use of obscene or abusive language
  • Inadequate or unsatisfactory work performance
  • Disruptive behavior
  • Conviction of a minor moving traffic violation while using a state-owned or other public-use vehicle
  • Violation of JMU Policy 1110 Alcohol and Other Drugs (considered a Group I offense depending on the nature of the violation)
  • Violation of Virginia Department of Human Resource Management Policy 2.30 Workplace Harassment (considered a Group I offense depending upon the nature of the violation)
  • Violation of JMU Policy 1302 Equal Opportunity (considered a Group I offense depending upon the nature of the violation)

Group II
Offenses in this category include acts of misconduct of a more serious and/or repeat nature that require formal disciplinary action and that significantly impact business operations. Active Life of Notice: Three years from its date of issuance to the employee.

  • Failure to follow a supervisor's instructions, perform assigned work or otherwise comply with established written policy
  • Violating a safety rule where there is not a threat of bodily harm
  • Leaving the work site during work hours without permission
  • Failure to report to work as scheduled without proper notice to supervisor(s)
  • Unauthorized use or misuse of state property or records
  • Refusal to work overtime hours as required
  • Committing a Group I offense when the employee has an active Group I Written Notice for the same offense in his/her personnel file
  • Violation of JMU Policy 1110, Alcohol and Other Drugs (considered a Group II offense depending on the nature of the violation, such as the use of alcohol or unlawful use or possession of a controlled drug while on the job)
  • Violation of Virginia Department of Human Resource Management Policy 2.30 Workplace Harassment (considered a Group II offense depending upon the nature of the violation)
  • Violation of JMU Policy 1302, Equal Opportunity (considered a Group II offense depending upon the nature of the violation)

Group III
Offenses in this category include acts of misconduct of such a severe nature that a first occurrence normally should warrant removal. Active Life of Notice: Four years from its date of issuance to the employee.

  • Absence in excess of three days without proper authorization or a satisfactory reason
  • Falsifying any records, including, but not limited to, insurance claims, leave records, reports, vouchers, time records or other official state documents
  • Willfully or negligently damaging or defacing state records, state property or property of other persons (including, but not limited to, employees, patients, students, supervisors and visitors)
  • Theft or unauthorized removal of state records, state property or the property of other persons (including, but not limited to, employees, patients, students, supervisors and visitors)
  • Gambling on state property or during work hours
  • Fighting and/or other acts of physical violence
  • Violating safety rules where there is a threat of physical harm
  • Sleeping during work hours
  • Participating in any kind of work slowdown or similar concerted interference with state operations
  • Unauthorized possession or use of firearms, dangerous weapons, or explosives
  • Threatening or coercing persons associated with any state agency (including, but not limited to, employees, patients, students, supervisors and visitors)
  • Criminal convictions for illegal conduct occurring on or off the job that clearly are related to job performance or are of such a nature that to continue employees in their positions could constitute negligence in regard to universities' duties to the public or to other state employees
  • Failure of an employee whose job requires carrying a firearm or authorization to carry a firearm to report conviction for a "misdemeanor crime of domestic violence"
  • Violation of JMU Policy 1110 Alcohol and Other Drugs (considered a Group III offense depending on the nature of the violation, such as the use of alcohol or unlawful use or possession of a controlled drug while on the job)
  • Violation of Virginia Department of Human Resource Management Policy 2.30 Workplace Harassment (considered a Group III offense depending upon the nature of the violation)
  • Violation of JMU Policy 1302 Equal Opportunity (considered a Group III offense depending upon the nature of the violation)

Any action, which, in the judgment of the university, undermines the effectiveness of the university's activities, may be considered unacceptable and treated in a manner consistent with the provisions of this section. Action to remove employees from the university under this policy must be reviewed and approved by the Director of Human Resources in advance of taking final action.

Due Process

Prior to the issuance of any written notices, demotions, transfers with disciplinary salary actions, suspensions or terminations, supervisors must:

  • Allow the Director of Human Resources or designee(s) to review the documentation for the recommended action to determine if the action is appropriate for the offense; if a referral to the Employee Assistance Program is advisable; and what the final recommendation for corrective action should be.
  • Give the employees oral or written notification (administrative notification) of the offense, an explanation of the university's evidence in support of the charge, and a reasonable opportunity to respond. Normally, a 24 hour period is a sufficient period of time, however, a "reasonable opportunity to respond" should not be based solely on the quantity of time provided but also on the nature of the offense, which may or may not require more or less time to refute or mitigate the charge.

Removal Due to Circumstances which Prevent Employees from Performing their Jobs

An employee unable to meet the working conditions of his or her employment due to circumstances such as those listed below may be removed under this section. Reasons include:

  • loss of driver's license that is required for performance of the job;
  • incarceration for an extended period;
  • failure to obtain license or certification required for the job;
  • loss of license or certification required for the job;
  • inability to perform the essential functions of the job after reasonable accommodation (if required) has been considered;
  • failure to successfully pass an university's background investigation;
  • conviction of a misdemeanor crime of domestic violence for employees whose jobs require: (a) carrying a firearm; or (b) authorization to carry a firearm; or
  • failure to timely present appropriate documentation of identity and eligibility to work in the U.S. as required by federal law.

Prior to such removal, the appointing authority and/or Human Resource shall gather full documentation supporting such action and notify the employee, verbally or in writing, of the reasons for such a removal, giving the employee a reasonable opportunity to respond to the charges. Final notification of removal shall be via memorandum or letter not by a Written Notice form.

This policy provides guidance related to the Virginia Department of Human Resource Management Policy 1.60: Standards of Conduct. To view the Commonwealth's Standards of Conduct in its entirety follow this link.

7. RESPONSIBILITIES

Supervisors of classified employees must maintain open, honest communication with employees, ensuring that expectations are clear. Supervisors should clearly communicate both when the employee performs excellently as well as when performance and behavior is substandard. Supervisors have a responsibility to communicate the potential consequences of conduct or performance issues.

Human Resources is responsible for providing guidance and support with the progressive disciplinary process including providing an Administrative Notification template, Written Notice forms and assisting managers in the application of this policy.

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 wage employees and faculty members.

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: March, 1999

Index Terms:

Disciplinary action
Standards of conduct
Suspension
Termination

1318 Emeritus Staff

1. PURPOSE

James Madison University recognizes the important contributions to the institution that have been made by those staff members who rendered many years of dedicated service before retirement. This policy establishes the guidelines for requesting the appointment of emeritus status for staff 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

Staff Member
Full-time classified employee

4. APPLICABILITY

This policy applies to all emeritus staff designations at the university.

5. POLICY

In appropriate cases, retired staff members may be recognized by being designated as emeritus staff upon retirement.

6. PROCEDURE

6.1 Eligibility

A retired staff member is eligible to be nominated for emeritus status if she or he:

  • has been an active, full-time classified employee for a minimum of 10 years at James Madison University;
  • has retired in good standing;
  • has been nominated in writing by a senior vice president or the executive assistant to the president; and
  • has a record of noteworthy contributions throughout her or his JMU career.

Emeritus status is granted by the President. Emeritus status is a privilege and is neither a right nor an entitlement of any retired staff member.

6.2 Status as Emeritus

The emeritus status will be that held by the staff member once the nomination has been approved. Emeritus status may be removed by the university at any time.

6.3 Privileges

An emeritus staff member is eligible to use university facilities and participate in university activities. These may include but are not limited to the following:

  • an e-mail account
  • a JACard
  • access to university Dining Services meal plans
  • a parking permit
  • use of the libraries
  • use of recreational facilities
  • bookstore discounts
  • on-campus waiver of tuition
  • participation in appropriate university events

Use of or access to these services is determined at the discretion of the service provider. Emeritus staff members do not normally receive remuneration, although they may be hired by the university on a part-time basis. Affiliate employees may not use an emeritus parking tag for parking during work hours.

6.4 Procedures for designation

A senior vice president or the executive assistant to the president should contact Human Resources to determine a staff member's eligibility. Once eligibility is reviewed by Human Resources, the nominator sends a written nomination to the President.

6.4.1 If approved by the President, a letter will be sent to the recipient indicating approval of her or his emeritus staff designation.

6.4.2 A copy of this letter will also be sent to Human Resources for processing the emeritus staff designation in the Human Resource Management System.

6.4.3 Human Resources will notify the department to complete an Affiliate Form for the employee.

7. RESPONSIBILITIES

A senior vice president or the executive assistant to the president is responsible for reviewing nominations with Human Resources and for providing written nominations to the president.

Human Resources is responsible for verifying eligibility for all nominations for emeritus staff status.

8. SANCTIONS

None

9. EXCLUSIONS

This policy does not apply to instructional faculty, administrative and professional faculty, wage employees or part-time employees. This policy does not apply to emeritus faculty, that policy can be found Policy 2105.

See JMU Policy 2105 for information on emeritus status for instructional faculty and administrative and professional 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: December 2009
Approved by the President: April 2008


Index of Terms
Emeritus staff

1319 Classified Employee Leave Without Pay

1. PURPOSE

It is university practice to grant classified employees leave without pay in accordance with this policy and the Virginia Personnel Act.

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 Virginia Personnel Act, Code of Virginia § 2.2-2900, authorizes and sets standards for agencies granting employees leave without pay.

3. DEFINITIONS

Unconditional leave without pay:
An employee's approved absence from work without pay that guarantees reinstatement to the position held by the employee before the leave was taken. Applies to military leave without pay only.

Conditional leave without pay:
An employee's approved absence from work without pay that guarantees reinstatement only if the employee's position is available when he/she returns from leave. If the position is not available, the employee will be separated and may be employed again only after going through the normal recruitment and selection process.

4. APPLICABILITY

This policy applies to all full-time classified employees.

5. POLICY

Classified employees may be granted leave without pay for the following reasons:

  • Extended periods of personal illness (non-VSDP employees only). This leave is conditional.
  • Periods of extended serious illness for immediate family members. Immediate family shall be defined as parent, spouse, and child (See Policy 1308, Family and Medical Leave). This leave is conditional.
  • Periods of leave because of any qualifying exigency arising out of the spouse, child or parent of the employee being called to active duty or notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation (See Policy 1308, Family and Medical Leave, 6.2(a) ). This leave is conditional.
  • Periods 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 (See Policy 1308, Family and Medical Leave 6.2(b)). This leave is conditional.
  • Educational leave to further education through a work-related field of study. This leave must be approved by the university, and is conditional.
  • Military leave for the duty indicated in military orders not covered by military leave with pay, normally for up to four years. Military leave without pay is unconditional.
  • Workers' Compensation Leave in excess of 92 calendar days for illness or injury compensable under the Workers Compensation Act when the employee does not have an accrued leave balance. This leave is conditional.
  • Leave because of a reduction in the departmental workload. Persons awarded leave of this nature may not be replaced during the period of absence. Leave of this type will not be awarded for less than one semi-monthly pay period this leave is often referred to as a furlough.

A leave without pay may be granted for a period of up to 12 months. An extension past 12 months may be requested for:

  • Extended disability of the employee (non-VSDP employees only);
  • Active duty with the Armed Forces of the United States;
  • Special courses of study; or
  • Non-state employment in an essential position identified by the Department of Personnel & Training to be of vital importance to the state or national welfare.

6. PROCEDURE

6.1 Classified employees must submit a request for leave without pay in writing to the immediate supervisor. All such written requests must indicate the type of leave requested and include a detailed justification for such leave. The supervisor will review the request for leave without pay and discuss the request with the employee. Once approved, the department must submit a completed Personnel Action Request form to Human Resources. The employee's written request must be attached to the PAR form.

6.2 Employees will not accumulate leave during the period of leave without pay. Employees experiencing leave without pay longer than 14 consecutive calendar days will have their leave anniversary date adjusted based on the length of absence.

6.3 Employees placed on leave without pay for Military Leave may freeze their leave balances. Employees on Military Leave will not have their leave anniversary date adjusted based on the length of absence.

6.4 Leave without pay may affect other benefits such as health insurance, retirement benefits and life insurance. Employees should contact Human Resources prior to requesting a leave without pay to learn of the effect of leave on benefits.

6.5 An employee on leave without pay may be subject to an adjustment in any performance related or cost-of-living increase based upon the number of hours missed from work.

6.6 An employee who fails to return to work at the end of a period of leave without pay shall be deemed to have resigned from his or her position.

7. RESPONSIBILITIES

Employees requesting a leave without pay are responsible for submitting a written request and explanation to their supervisors. Employees seeking to extend their leave without pay status beyond the approved period are responsible for submitting a written request and justification to the Director of Human Resources.

Supervisors are responsible for notifying Human Resources of all requests for leave without pay, for obtaining appropriate levels of approval for any such request, and for completing a personnel action request (PAR) detailing the dates and reasons for the leave.

The Director of Human Resources is responsible for coordinating any requests for extension of leave without pay with the appropriate department and informing the employee of the action taken.

8. SANCTIONS

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

Employees who fail to comply with this policy in requesting unpaid leave may have that request denied on the basis of failure to comply.

9. EXCLUSIONS

This policy does not apply to wage employees or members of the instructional or administrative & professional faculty.

10. INTERPRETATION

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

Approved by the President: November, 2002
Previous Version: April, 2011

Index of Terms

Military Leave
Unpaid Leave
Family & Medical Leave
Workers Comp Leave