1. INTRODUCTION
1.1 - The institutions of the North Dakota University System are established for the people of the state. They are governed by the State Board of Higher Education whose authority derives from the state constitution.
1.2 - Every staff employee of the institution has a part in the educational, research, and service effort of the institution. It is an effort which can best be carried out within a harmonious employer-employee relationship. As an Equal Opportunity Employer, each institution has adopted the policy of providing equal employment opportunities without discrimination to all applicants and employees regardless of race, religion, color, national origin, age, gender, physical or mental disability, or status with regard to marriage or public assistance. To this end each institution endeavors to provide working conditions and compensation based on fair and equitable standards.
1.3 - An employee, or a group of employees, has the right to discuss with supervisors or other appropriate officers any condition of employment without discrimination or retaliation.
1.4 - This manual is not intended to and does not constitute a contract between the State Board of Higher Education and its employees. None of the provisions contained herein are interpreted as contractained herein are interpreted as contractually binding upon the State Board of Higher Education. The State Board of Higher Education retains the right to alter any or all of the terms of this manual whenever it elects to do so.
2. APPOINTMENTS
2.1 - Staff Employee - A person employed primarily for work other than teaching, research, or holding an office the institution's president has excluded from the classification system by designation.
2.2 - Regular Staff Employee - A person who satisfactorily completes a probationary period, (See Section 4) who is appointed to a continuing position, and who is employed at least seventeen and one-half hours per week and at least five months each year. The policies and benefits included in this manual shall apply to all such persons except when specifically excluded by statute or these policies (See Section 10, for example).
2.3 - Temporary Staff Employee - A person employed in a position of intermittent or limited duration not to exceed one year, a seasonal position, or in a position working less than seventeen and one-half hours per week. The policies and benefits included in this manual shall not apply to temporary employees except as noted. A temporary staff employee may be terminated at any time with or without cause.
2.4 - Employees do not earn annual or sick leave benefits while on temporary status. However, when a temporary employee is changed to regular status, credit will be given for the employee's prior length of service for the purpose of determining the annual leave accrual rate.
2.5 - Full-time Staff Employee - A regular staff employee employed for forty hours or more per week.
2.6 - Part-time Staff Employee - A regular staff employee employed for less than forty hours per week.
3. QUALIFICATIONS FOR EMPLOYMENT
3.1 - The institution shall employ persons on the basis of merit without unlawful discrimination due to race, religion, color, national origin, age, gender, physical or mental disability, or status with regard to marriage or public assistance.
3.2 - Appropriate tests may be required to evaluate qualifications of an applicant for a position.
3.3 - After a conditional offer of employment, an applicant may be required to complete a medical statement form and may be required to have a physical examination. All such examinations shall be job related and consistent with operational necessity. Examinations will be provided at the expense of the institution. Failure to meet the physical requirements for a position may disqualify the applicant.
3.3.1 - After a conditional offer of employment, applicants for positions that require a commercial driver's license or a pilot's license will be required to take a drug and alcohol test. These tests will be conducted in the manner prescribed by the Department of Transportation (DOT) or the Federal Aviation Administration (FAA), respectively. In addition, applicants must sign a written agreement authorizing former employers to release to the institution all information on the applicant's alcohol tests with a concentration result of 0.04 or greater, positive controlled substances test results, and refusals to be tested within the preceding two years. Failure to pass this test or sign the written authorization will result in a withdrawal of the offer of employment.3.3.2 - Current employees in positions that require a commercial driver's license (CDL) or a pilot's license will be required to undergo drug and alcohol testing under the following circumstances:
- reasonable suspicion;
- post-accident;
- return-to-duty following a violation of DOT or FAA drug/alcohol testing regulations;
- follow-up testing as directed by a Substance Abuse Professional (SAP);
- a random testing program.
Employees who do not pass the test, or those who refuse to test, are subject to disciplinary action up to and including termination.
3.3.3 - Each institution must develop a full drug and alcohol testing policy as prescribed by the DOT or FAA and distribute it to applicants for, and current employees in, positions that require a commercial driver's license or a pilot's license. Receipt of this document must be acknowledged in writing by the applicant or employee.
3.4 - Candidates who have not reached the age of eighteen are ineligible for regular employment.
3.5 - Each person recommended for regular appointment must have an application for employment on file.
4. PROBATIONARY PERIOD
4.1 - Newly hired employees are in a probationary status until a satisfactory evaluation is completed prior to the end of the initial six months of employment. During such period, the employee may be terminated with one week's notice with no right to appeal. One week's pay may be given in lieu of notice. Employees who elect to resign during the probationary period are requested to give one week's notice.
4.1.1 - The original probationary period may be extended for a specific period of time not to exceed six months upon recommendation by the supervisor to the appropriate campus official. The reasons for the extension shall be in writing, signed by the supervisor, and a copy given to the employee and the appropriate campus official.
5. PAY POLICY
5.1 - All classified positions (See Section 14) are assigned to a salary range with a stated minimum and maximum salary as established by the North Dakota University System Human Resource Council and approved by the State Board of Higher Education. All salaries must be within the assigned salary range.
5.1.1 - Hiring Rate - New appointees are normally hired within the first quartile of the salary range. New employees with substantial, directly related experience, or in positions in which the market demands are demonstrative, may be hired above the first quartile.5.1.2 - Probationary Increase - Upon successful completion of the initial probation period an employee may be eligible for a salary increase up to five percent. The amount of the increase may vary depending on such factors as performance, internal equity, and budget appropriations. An employee evaluation form must be completed before the probationary adjustment is approved.
5.1.3 - Responsibility Level or Workload Increase - A salary increase not normally exceeding ten percent, may be granted based on a documented reassignment or change in the position's duties and responsibilities independent of any change in classification.
5.1.4 - Reclassification Increase - A salary increase resulting from a change in a position's classification will be to the minimum of the new pay grade. If the employee has successfully completed the probationary period, that employee may be eligible for an increase up to five percent above the pay grade minimum.
5.1.5 - Promotional Increase - A salary increase may be provided to an employee when the employee is assigned to a position in a different class which has a higher pay grade than the employee's previous position, and the assignment is not a result of a reclassification of the employee's existing position. In granting a promotional increase, consideration must be given to internal salary equity relationships as well as the magnitude of the change in responsibility levels between positions.
An employee who moves from one position to another, having the same or lower pay grade, is not eligible for a salary increase and may be subject to a corresponding salary reduction.
5.1.6 - Equity Increase - An equity increase is an increase intended to mitigate an internal institution inequity or a documented, proven, external inequity. Equity increases are normally limited to ten percent but may exceed that amount with supportive documentation and appropriate administrative approval.
5.1.7 - Temporary Increase - An increase generally not exceeding the midpoint of the temporary position's pay grade may be given with proper administrative approval to an employee serving in an interim position. Increases should not be given for interim periods of less than thirty days. Employees may not retain the higher compensation level for more than 30 days after the interim period ceases to exist.
5.2 - Pay day as determined by the institution shall be the last day of the month or the 15th and last day of the month; however, if the 15th or the last day of the month is a Saturday, Sunday, or holiday, the preceding work day shall be pay day.
5.3 - The institution shall not grant automatic salary increases. Salary progression within the established range shall be based on merit, tenure of service, availability of funds and factors pertinent to job performance deserving recognition. A merit increase may be denied an employee if the job performance does not consistently meet required standards. All salary changes must receive proper administrative approval before they go into effect.
5.4 - Compensation in Lieu of Pay - Compensation in the form of meals, living quarters, etc., or an allowance in lieu thereof shall be considered pay for salary comparison purposes. Reimbursement for traveling expenses including mileage, meals, and lodging expenses that result from assigned duties away from the normal conduct of business shall not be considered as pay for salary comparison purposes.
5.5 - Outside Employment - An employee may accept employment outside the institution if such employment does not interfere or conflict with the employee's regular duties or responsibilities and is outside the regular working hours.
5.6 - Employee Suggestion Incentive Program - All employees except presidents, vice presidents, deans, department chairs, and department heads are eligible to participate in the Suggestion Incentive Program.
5.6.1 - An employee may submit a recommendation or proposal to reduce expenditures within the university or the employee's work area with the appropriate campus official. All recommendations or proposals presented by an eligible employee will be forwarded to the State Suggestion Incentive Committee. The State Suggestion Incentive Committee shall review all recommendations or proposals and forward its recommendation to the institutional president. The president shall make the final decision on acceptance or rejection of a recommendation or proposal.5.6.2 - A university employee whose recommendation or proposal to reduce expenditures is approved by the State Suggestion Incentive Committee and the institutional president, is entitled to receive ten percent of any savings realized, to a maximum of one thousand dollars. The institutional savings must relate directly to the employee's proposed change. The suggestion incentive must be computed on the actual savings for a twelve month period beginning from the time that the proposed change is instituted. The employee is entitled to the suggestion incentive payment at the end of the twelve month period in a lump sum payment which is in addition to the employee's regular salary. Employees who qualify for the suggestion incentive are entitled to an award for the first year's savings only and not for any subsequent years.
6. ANNUAL LEAVE
6.1 - Annual leave with pay is earned by staff employees for the purpose of freeing them from their regular duties to spend time in rest and recreation. Institutional operations govern annual leave periods. Consideration is given first to the convenience of the administration, departmental needs, then the employee's departmental seniority and finally to employee's preference.
6.2 - Annual leave with pay for regular full-time employees is earned on the basis of continuous
service from date of employment as follows:
First through third year - 8 hours per month
Fourth through seventh year - 10 hours per month
Eighth through twelfth year - 12 hours per month
Thirteenth through eighteenth year - 14 hours per month
Over eighteen years - 16 hours per monthYears of service shall be computed from employment anniversary date.
6.3 - Annual leave for regular part time employees is earned on a prorated basis. Accumulated annual leave, up to 240 hours (or the equivalent on a prorated basis for regular part-time employees) shall be carried forward on January 1 of each year.
6.4 - Presidents, executive deans, provosts, vice presidents, and other employees of the institution holding office the institution president has excluded from the classification system by designation are entitled to twenty-four working days of annual leave each year to be taken at the convenience of the administration.
6.5 - Regular staff employees eligible to accumulate annual leave must take forty hours (or the equivalent on a prorated basis for regular part-time employees) of annual leave per year except for the year during which they are hired.
6.6 - When a holiday occurs during annual leave, the holiday is not considered a day of annual leave.
6.7 - Regular staff employees terminating employment must be paid for earned unused annual leave subject to all approved payroll matched reductions/deductions. Unused annual leave shall include any leave carried over from the previous year and all accrued leave up to the date of termination. Proper termination notice must be given and any unearned annual leave taken shall be deducted from the employee's last paycheck.
6.8 - In case of death, all earned, unused annual leave shall be paid according to Sec. 34-01-12 of the North Dakota Century Code.
6.9 - Accrued annual leave for employees previously employed with other North Dakota institutions or agencies may be transferred to institutions under the State Board of Higher Education according to agreements between the employee and institution. If re-employment occurs within one calendar year, the re-employing institution shall credit the employee with prior years of service from any state agency in computing the annual leave accrual rate.
7. SICK LEAVE
7.1 - Sick leave, including maternity, is a benefit granted by the institution to staff employees and
is not a benefit considered to be earned by the employee such as annual leave. It is an insurance
benefit allowing employees to build a reserve of days they can use for their extended illnesses.
Sick leave may be used by an employee when:
7.1.1 - Employees who use sick leave are responsible for informing their supervisors prior to the start of their scheduled work period. The employing department may require satisfactory medical verification as deemed necessary by the department head prior to the payment of sick leave.
7.2 - Sick leave is granted on the basis of continuous service from date of employment for regular staff employees.
7.3 - Sick leave for full-time regular staff employees is granted on the basis of eight hours per month of service. Sick leave for regular part-time employees working seventeen and one-half hours or more per week is granted on a prorated basis. Sick leave accumulation is unlimited.
7.4 - Sick leave may be granted to employees who become ill while on vacation provided satisfactory medical proof of such illness is submitted.
7.4.1 - When a holiday occurs during a paid sick leave the holiday is not considered a day of sick leave.
7.5 - An employee with at least ten continuous years of state employment who leaves the employ of the state, is entitled to a lump-sum payment equal to one-tenth of the pay attributed to the employee's unused sick leave accrued under this Section 7 and in accordance with N.D.C.C. Section 54-06-14. The pay attributed to the accumulated, unused sick leave must be computed on the basis of the employee's salary or wage at the time the employee leaves the employ of the state.
7.6 - At the discretion of the department head and the concurrence of the appropriate administrative officer, an employee may be granted sick leave in advance of the accumulation thereof. If an employee terminates employment, any sick leave taken in advance of accumulation shall be deducted from the employee's last paycheck.
7.7 - Accrued sick leave is transferable from any state agency to the employing institution if employment with the institution occurs within one calendar year of termination of service with the state agency.
8. WORKER'S COMPENSATION
8.1 - The North Dakota State Board of Higher Education recognizes that the safety, health and well-being of its employees is important. To this end, a priority will be placed on the prevention of accidents and occupationally-incurred illnesses. It is a goal to reduce claims costs. It is the responsibility of every employee to work in a safe manner, and to intervene when others are performing in an unsafe manner.
8.2 - All employees are protected by Worker's Compensation against accidental injuries or occupationally-incurred illness in the performance of their official duties.
8.3 - Each institution will maintain an approved North Dakota Workers Compensation Disability Program. Components of this program include:
8.3.1 - All on-the-job accidents and injuries or occupationally-incurred illnesses must be reported within twenty-four hours to the employee's supervisor and the appropriate campus official. This is for the protection of the employee, as well as the institution.8.3.2 - All employees must receive training or information on general safety rules, safe operating procedures, ergonomic hazards and the institution's claims management procedures. Employees in unique work environments must receive additional training relevant to their position.
8.3.3 - To have a claim paid by Workers Compensation, employees must seek medical care from the institution's designated medical provider(s). However, employees have the option of choosing their own medical provider for Workers Compensation care if they make that known in writing to the appropriate campus official in advance of any injury or treatment for an occupationally incurred illness.
8.4 - In case of absence due to illness or injury, for which Worker's Compensation time-loss benefits are received, sick leave pay may be utilized to the extent of the difference between such benefits and the employee's regular salary. The employee may elect to use Worker's Compensation only or use it in combination with sick leave and/or annual leave. However, the employee's leave account shall only be charged that percentage of time which corresponds to the percentage of salary that the institution shall pay. The total time-loss payment shall not be more than the employee's regular pay.
8.5 - During the time that the injured employee is using sick leave and/or annual leave, the institution will continue to issue a payroll check. Thus, when the injured employees receives a check from the Workers Compensation Bureau, that check must be turned over to the appropriate campus official.
8.6 - Upon using all accrued benefits, an employee will be placed on leave without pay for a maximum of ninety calendar days. At the end of that period, the employee, the supervisor, the Workers Compensation Bureau and the appropriate campus official shall evaluate the medical prognosis. If it is unlikely that the employee will return to work in a reasonable amount of time, the position the employee holds shall be filled through regular procedures. When the employee, upon medical approval, is able to return to work, the employee is entitled to be placed in the same classification, if qualified, when a position becomes available.
8.7 - If an employee must be completely retrained into a different capacity from their employment at the time of injury, the employee's position shall be filled through regular procedures. When the training is complete, the employee may compete as an internal candidate for a position at the institution.
8.8 - If an employee is not able to return to work at the institution within two years of being placed on leave without pay, their employment with the institution shall be terminated.
9. INSURANCE
9.1 - The institution makes available to regular staff employees certain types of group insurance expressly for the purpose of insuring personal security planning. Such coverage may include medical insurance, life insurance and disability insurance.
10. RETIREMENT
10.1 - North Dakota law requires regular staff employees who are eighteen or more years of age and who work twenty hours or more per week for five or more months per year to participate in the Public Employee's Retirement Plan.
10.1.1 - Employees in 1000, 2000, and 3000 level job categories shall participate in the TIAA/CREF retirement plan within the same guidelines noted in Sec. 10.1.10.1.2 - In lieu of participation in the TIAA/CREF retirement plan, eligible employees having accrued retirement benefits under the North Dakota Public Employees' Retirement System (PERS) may elect to continue participating in PERS. A PERS participant transferred or reclassified to a position that qualifies for participating in TIAA/CREF may elect to become a participant by making such election within sixty days of being transferred or reclassified. In absence of such election, the right of participation is irrevocably waived.
11. WORK WEEK
11.1 - The work week shall be from 12:01 a.m. Sunday through 12:00 midnight Saturday unless otherwise established for individual positions or job classifications.
12. OVERTIME
12.1 - Overtime compensation at a time-and-one-half rate shall be provided to all non-exempt employees when hours worked exceed forty hours in a work week. Compensatory time off at a time and one-half rate may be provided in lieu of cash overtime payments upon prior agreement.
12.2 - Each campus is responsible for periodic review of positions to insure proper identification as exempt or non-exempt pursuant to definitions provided within the Fair Labor Standards Act.
12.3 - In establishing a forty hour work week, annual leave, sick leave, and holidays shall be counted as hours worked.
12.4 - Overtime hours may be approved on the basis of emergency circumstances or when it is impractical to maintain an additional temporary work force adequate to handle peak loads during regular hours. Overtime hours must be authorized by the appropriate administrative officer.
12.5 - Overtime work shall be assigned on an equitable basis.
12.6 - An employee called back for emergency service after completing the regular day's work shall receive compensation in accordance with the institutional agreement in effect or at the rate of time-and-one-half. Guaranteed minimum pay for call-back will be two hours at time-and-one-half.
13. EMPLOYMENT OF RELATIVES
13.1 - No head of a department or institution may appoint a member of their immediate family to a position under their control or direction. (See Nepotism, N.D.C.C. 44-04-09).
13.2 - When two or more members of the same immediate family are employed in the same department or institution, the head of the department or institution shall reassign responsibility for performance evaluations, salary recommendations, disciplinary actions, and other supervisory authority as necessary in order to eliminate any conflict or potential conflict of interest in the exercise of that authority.
13.2.1 - Immediate family means a grandparent, parent, father-in-law, mother-in-law, spouse, child, son-in-law, daughter-in-law, brother, stepbrother, sister, stepsister, or grandchild.
13.3 - Each campus shall establish and maintain specific procedures which identify and act upon instances of nepotism.
14. POSITION CLASSIFICATIONS
14.1 - The North Dakota University System Human Resource Council is responsible for managing a classification plan providing a complete inventory of all staff positions and an accurate specification for each class of work. The plan standardizes titles, each of which is indicative of a definite range of duties and responsibilities, and assigns pay ranges. All regular staff positions shall be classified.
14.1.1 - Within each class, job duties may vary depending on need. Duties and responsibilities assigned a position may change somewhat without changing the class or pay grade.
14.2 - The class title of each position is the official title which is used on payroll records, budget documents, personnel and other official records, and publications. The institution may use functional titles for other purposes.
14.3 - Each campus is responsible for maintenance of the institution's classified positions. Before a new position is established, it shall be classified and receive proper administrative approval. The classification of a position will be reviewed at the request of the employee, employee's supervisor, or appropriate campus official, and forwarded to the institution's human resources service center for review.
14.4 - If, after a classification review, the employee, employee's supervisor, or appropriate campus official perceives that a classification inequity exists, an appeal may be initiated by the proper completion and submission of forms available from the institution's Human Resource Office or Service Center.
14.4.1 - The appeal must be postmarked no later than thirty days from the date on which the classification response was mailed.14.4.2 - All sections of the appeal form must contain an appropriate entry or, if not applicable, must contain an explanation as to why the item(s) is/are not applicable. All required signatures and attachments must be complete when the appeal is received by the institution's Human Resources Office or Service Center.
14.4.3 - The Human Resource Council's Classification Committee shall upon receipt of the completed appeal form act upon the appeal within a reasonable period of time and provide a written response to the employee and institution. Decisions of the Human Resource Council's Classification Committee will be effective on the date of the initial classification determination. This is the last step in the classification appeal process.
15. VACANCY PROCEDURE
15.1 - It shall be the responsibility of institutional departments to list all staff vacancies. Vacant positions shall be recruited for and filled according to the institution's Affirmative Action/Equal Opportunity guidelines.
16. PROMOTIONS AND TRANSFERS
16.1 - Notice of regular staff position vacancies shall be made available so that current employees of the institution may apply for the position.
16.2 - Regular staff employees, when transferring positions, shall retain their status for purposes of appealing employer actions and pre-termination hearing rights provided there is no break in service.
16.3 - Promotions shall be made on the basis of current job performance, past performance record, length of service, and qualifications to handle the particular job for which the employee wishes to be considered.
16.4 - In the event of transfer, the employee's sick leave and vacation accrual become the obligation of the department to which the employee transfers.
17. PERFORMANCE DEVELOPMENT
17.1 - Performance development is a positive, goal-oriented means to improve individual performance on the job and to recognize improved performance at all levels of employment. Performance development is based on job clarification; improved communication and understanding between management and employees; and upon the definition and review of results for both personal, group, and organizational achievement.
17.2 - At the completion of an employee's probationary period and at least once a year thereafter,
each staff employee shall participate in a performance development review. At a minimum, the
performance development review shall include:
--The mutual review of job responsibilities insuring they continue to accurately represent the employee's contributing role in departmental objectives and the institution's overall mission;--A mutually agreed upon performance development plan which includes a review and discussion of the progress made in accomplishing goals established within prior year performance plans;
--Determination of an individual's future training needs including necessary resources to achieve the goals as established within the performance development plan; and
--Solicitation and follow-up on suggestions for continuous improvement of organizational processes and systems within which the individual works.
18. REST PERIODS
18.1 - Employees may be allowed a rest period of fifteen minutes each half day to be arranged by the department head. The work day may not be shortened and lunch periods may not be lengthened by omitting rest periods.
18.2 - Employees who work more than four hours in any one day shall be allowed a minimum of thirty consecutive minutes for one meal.
19. HOLIDAYS
19.1 - Employees of all state institutions of higher learning shall observe the following legal holidays:
Employees of state institutions of higher learning shall also observe every day appointed by the President of the United States or by the Governor of this state for a public holiday.
New Year's Day Independence Day Martin Luther King Day Labor Day President's Day Veteran's Day Good Friday Thanksgiving Day Memorial Day Christmas Day
19.2 - If such holiday falls on Saturday, the preceding Friday shall be the holiday or if the holiday falls on Sunday, the Monday following shall be the holiday.
19.3 - Institution offices must be closed at twelve noon on December 24, Christmas Eve Day, however, if December 25, Christmas Day, falls on a Saturday, institution offices must be closed all day on the preceding Friday as indicated in Section 19.1.
19.4 - Operational units of the institution shall close or operate with a minimum staff on observed holidays. Employees who because of work schedules have a regular day off that coincides with a holiday shall have an additional day off with pay at the convenience of the institution.
19.5 - Special religious holidays may be observed with the advance approval of the department head. Such time shall be charged to accumulated annual leave.
20. LEAVE
20.1 - Funeral Leave - An approved absence from work, with pay, of up to twenty-four working hours, may be provided to an employee to attend or make arrangements for a funeral, as a result of a death in the employee's family, or in the family of an employee's spouse.
20.1.1 - Family means husband, wife, son, daughter, father, mother, stepparents, brother, sister, grandparents, grandchildren, stepchildren, foster parents, foster children, daughter-in-law, and son-in-law.20.1.2 - Funeral leave for employees working less than forty hours per week will be prorated.
20.2 - Jury Duty - An employee shall be allowed leave with pay for jury or other legal duty when subpoenaed for such service. Any compensation received for such duty may be retained by the employee.
20.2.1 - When an employee is called as a witness on behalf of the State, and the employee's institution reimburses the employee for mileage, sustenance and room (which it may do), no witness fee or mileage may be claimed by said employee, no time shall be deducted for the absence of such employee, and such employee shall be deemed to be performing duties or services for the State.20.3 - Military Leave - An employee who is a member of the National Guard or Armed Forces Reserves shall be granted military leave annually in accordance with Sections 37-01-25 and 37- 01-25.1 of the North Dakota Century Code which provides:20.2.2 - When an employee is called as a witness when the institution is not a party to the action and the institution does not reimburse such employee for mileage, sustenance, and room, the employee may collect witness fees and mileage from the proper party if the employee is on authorized leave.
20.2.3 - An employee who is personally interested in or a party to a criminal or civil action or who voluntarily appears as a witness must charge their absence against earned annual leave or request leave without pay.
20.3.1 - Military leave with pay shall be granted to all state employees up to a maximum of twenty work days for those employees who have been employed continuously for a period of ninety days or more immediately preceding the leave.20.4 - Storm Days - Official closing of the institution during periods of severe weather will be announced over local radio stations and when necessary, by department heads. Return to normal working conditions shall be announced in the same manner. Only employees designated by the department head may be required to work during the period when the institution is officially closed. All other employees shall be granted leave with pay for hours which they would normally work during a storm period. All employees properly authorized to work shall receive additional pay at straight time rates for hours worked during the official closing.20.3.2 - In addition, any military leave of absence necessitated by a full or partial mobilization of the reserve or national guard forces of the United States of America, or emergency state active duty, shall be without loss of pay for the first thirty days less any other military leave which may have been granted during the calendar year.
20.3.3 - If leave is required for weekend, daily or hourly periods of drill for military training on a day on which the employee is scheduled to work, the employee must be given the option of time off with a concurrent loss of pay for the period missed, or must be given an opportunity to reschedule the work period so the reserve or national guard weekend, daily, or hourly drill or period of training occurs during time off from work without loss of status or efficiency rating.
20.3.4 - An employee who enlists or is inducted into the Armed Forces is entitled to a military leave without pay for the duration of their initial period of service and three months thereafter. Such an employee, upon return from active military duty, shall be given the position formerly held or one of like seniority status and pay, provided application is made within ninety days after receiving their discharge under honorable conditions. Seniority shall remain in effect during a military leave.
20.4.1 - When the institution remains open during inclement weather, employees unable to report to work shall notify their supervisor and take annual leave or leave without pay.20.5 -Conferences or Convention Leave - Two days per year may be allowed for employee organization conference/convention leave. Attendance is limited to three institutional officers, any state officers on campus, one delegate at large, and one delegate for each fifty members. If the conference/convention is held on a working day, the delegates will be paid as usual. If it is not a working day there will be no reimbursement. Leave may be denied if the employee's absence would unduly disrupt the operations or services of the institution.
20.6 - Leave Sharing Program - All non-temporary, non-probationary employees with over six
months of continuous service with the State are eligible to receive shared leave pursuant to the
following conditions:
20.6.1 - Employees may donate leave to other state employees pursuant to the following conditions:
- The appropriate campus official has determined that the employee meets the criteria described in this section.
- The employee has abided by University System policies regarding the use of sick leave.
- The employee's use of shared leave, including both annual and sick leave, does not exceed four months in any twelve month period.
20.6.3 - Donated leave is transferable between employees in different state entities.
20.6.4 - One hour of donated leave must be regarded as one hour of shared leave for the recipient.
20.6.5 - Any donated leave may only be used by the recipient for the purposes specified within this policy and is not payable in cash.
20.6.6 - All forms of paid leave available for use by the recipient must be used prior to using shared leave.
20.6.7 - Any shared leave not used by the recipient during each occurrence as determined by the institution may be retained by the recipient.
20.6.8 - All donated leave must be given voluntarily. No employee may be coerced, threatened, intimidated, or financially induced into donating leave for purposes of the leave sharing program.
21. LEAVE WITHOUT PAY
21.1 - Leave without pay may be granted to regular staff employees who have maintained a satisfactory service record. Such leave may be taken for the following reasons: (a) extended absences in the interest of the institution such as for research or advanced training leading to improved job ability, (b) necessary absences due to illness or other important matters.
21.2 - Leave without pay may be authorized by the appropriate administrative officer for a period less than twenty-one working days. Leave without pay of twenty-one or more days requires approval of the appropriate administrative officer. In cases when a leave is requested due to sickness, the appropriate administrative officer, or designee may request the employee to provide a letter from the employee's physician indicating the physician's opinion when the employee will be able to return to work. Leave may not be granted for a period in excess of one calendar year, except for military service or Worker's Compensation paid disability. Failure of an employee to report for duty on expiration of leave granted is cause for termination.
21.3 - Leave of absence shall be granted with assurance of reinstatement to the same position or to other employment in the department recommending the leave unless circumstances make it impractical. Employees who do not apply for reinstatement within the time specified shall be subject to termination.
21.4 - Employees while on leave shall retain their years' service rights and accumulated benefits but shall earn no additional benefits.
22. FAMILY LEAVE
22.1 - Family leave is an unpaid leave of absence available to all eligible employees for the birth, adoption, or foster placement of a child; or for the serious health condition of the employee, the employee's parent, child, or spouse.
22.2 - Eligible employees are those individuals whose employment is not limited in duration, who are employed for an average of at least twenty hours per week, and who have been employed by the institution for at least one year.
22.3 - Family leave used for the birth, adoption, or foster care placement of a child must begin within twelve months of the event.
22.4 - Certification may be required by the institution to verify the existence of a serious health condition including date of commencement and probable duration of illness.
22.5 - The maximum length of available leave for eligible full time employees is sixteen weeks in a twelve month period. Eligible part-time employees are limited to twelve weeks. Reasonable and practical notice must be provided to the agency.
22.6 - When leave is completed, the employee must be returned to the same position, or a position with equivalent compensation and benefits. If a reduction in force would have caused the position to be eliminated, this reinstatement does not apply.
22.7 - Employees utilizing family leave will be provided health benefits at the same level and coverage as if the employee had not taken leave.
23. RESIGNATIONS
23.1 - In case of resignations, a regular staff employee is requested to give two weeks written notice to the department head. One week's notice is requested for temporary and probationary employees (see Section 4.1). The period of notice may be reduced or waived upon recommendation of the department head.
24. REDUCTION IN FORCE
24.1 - When necessary to achieve a reduction in force, institutions may terminate any staff employee due to an organizational or procedural change, diminished workload, lack of funds, or other exigency. The employee shall be given at least two weeks written notice of the reduction. At the institution's discretion, employees may be given two weeks pay in lieu of the two weeks notice.
24.2 - Institutions shall not subject regular staff employees (see Section 2.2) to a reduction in force while there are temporary or probationary employees engaged in the same work, serving at the same work unit.
24.3 - Institutions shall conduct reductions in force in a non-discriminatory manner (see Section 1.2) and shall not use such actions as a substitute for disciplinary measures.
24.4 - Based upon departmental need and work to be performed, the department head shall determine which employees will be subject to reduction in force. In determining which employees shall be terminated, the department shall consider the following:
24.5 - The department shall maintain written documentation of the required analysis and review in Section 24.4.
24.6 - Rehiring of employees terminated as a result of a reduction in force shall be in the reverse order of layoff when a similar job becomes available in their former department within two years from the date of termination.
24.7 - Employees terminated as a result of a reduction in force and rehired within two years shall be credited with:
24.8 - Employees terminated as a result of a reduction in force shall, for two years following the reductions, be provided the following additional services:
25. JOB DISCIPLINE/DISMISSAL
25.1 - A regular staff employee may be dismissed from employment, suspended without pay, or demoted for just cause. Just cause includes conduct related to the employee's job duties, job performance, or working relationships which is detrimental to the discipline or efficiency of the institution in which the employee is or was engaged.
25.1.1 - Demotion means the involuntary reduction for disciplinary reasons in the status of an employee from a position in one class to a position in a lower class resulting in a decrease in base salary. This does not include reclassifications to lower pay grades not due to disciplinary concern (i.e. reorganization, curtailment or changes in work).
25.2 - The employing department shall notify the employee and the appropriate campus official of the proposed action in writing. The written notice must include:
25.3 - A regular staff employee who is being suspended without pay, dismissed or demoted for disciplinary reasons shall be entitled to a pre-action review. This review may be limited to the written record including the employee's written response to the allegations, or at the option of the institution, may be conducted in person. The pre-action review shall be held no sooner than three working days from the time notice was provided to the employee.
25.4 - The reviewing authority shall consider all evidence and will determine whether there remains reasonable grounds to believe the charges against the employee are true and support the proposed action.
25.5 - The employee must be notified, in writing, of the final decision. A notice of dismissal, suspension without pay, or demotion must include a written, detailed statement of the basis for the action and inform the employee of the right to appeal.
26. TERMINATION PROCEDURE
26.1 - Employees leaving the service of the institution, either by their own volition or after having been informed of their separation, shall report to the appropriate campus official for information relevant to the separation process.
26.2 - A regular staff employee is eligible to receive payment for accrued annual leave pay (see Section 6 Annual Leave). Annual leave pay shall be prorated for the month of termination if the employee has not completed a full month of employment.
26.2.1 - The last day of work is the termination date, except that two weeks' termination pay shall be provided when a two weeks' notice of layoff is not possible. Upon termination, an employee shall be paid for all unused annual leave accrued through the termination date.
27. APPEAL PROCEDURES
27.1 - A Staff Personnel Board shall be appointed by the president of each institution to hear employee appeals and employee grievances pursuant to Section 28.6.4. This Board shall consist of three appointed members. The three members shall appoint a chairperson who shall conduct the hearing, unless the Staff Personnel Board appoints a hearing officer pursuant to Section 27.3.
27.2 - Any regular staff employee who has been suspended without pay, dismissed for cause, demoted, or dismissed due to a reduction in force, may request a hearing with the Staff Personnel Board by filing a written notice, accompanied by a specification of the reasons or thually binding upon the State Board of Higher Education. The State Board of Higher Education retains the right to alter any or all of the terms of this manual whenever it elects to do so.
27.3 - The Staff Personnel Board may appoint some other person as a hearing officer with authority to conduct pre-hearing meetings, supervise discovery, advise the Staff Personnel Board, or preside over the hearing.
27.3.1 - The Staff Personnel Board may hold joint pre-hearing meetings with the parties in order to (a) simplify the issues, (b) effect stipulations of facts, (c) provide for the exchange of documentary or other information, or (d) achieve such other appropriate pre-hearing objectives as will make the hearing fair, effective, and expeditious. The employee, the institution, and their representatives shall participate in pre-hearing meetings upon request and comply with the directives of the Staff Personnel Board or its representative.27.3.2 - The Staff Personnel Board shall serve written notice of hearing on the employee and the president, or their representatives at least twenty calendar days prior to the hearing.
27.3.3 - The employee and the institution may stipulate to a decision on the basis of the written statements, in which case the Staff Personnel Board shall make its decision on that basis.
27.3.4 - During the proceedings, the institution is entitled to have counsel, and the employee is entitled to have a representative or counsel of their choice at their own expense. Proceedings concerning the removal of an employee shall be closed, unless the employee requests that the proceedings be open. Either party or the Staff Personnel Board may invite up to two observers each to attend the proceedings.
27.3.5 - A record of the hearing or hearings shall be made at the institution's expense and shall be accessible to both parties. The record shall be made by a reporter or a stenographer, or, in appeals other than dismissal for cause, by the use of an electronic recording device. A party shall be provided a copy of the record, or part of the record, at the requesting party's expense.
27.3.6 - The findings of fact, conclusions and the decision shall be based solely on the evidence received by the Staff Personnel Board. The burden of proof that grounds for the institution's action exist shall rest with the institution and be satisfied by a preponderance of the evidence in the record considered as a whole.
27.3.7 - The Staff Personnel Board may admit any evidence which is of probative value in determining the issues or if the interests of justice will best be served by admitting the evidence. Every reasonable effort shall be made to obtain the most reliable evidence available. The Staff Personnel Board may grant adjournments to enable either party to investigate evidence as to which a valid claim of surprise is made.
27.3.8 - The employee shall be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The institution shall cooperate with the Staff Personnel Board in securing witnesses and making available documentary and other evidence. The employee and the institution shall have the right to confront and cross-examine all witnesses. Testimony may be taken by deposition, including deposition by telephone, or witnesses may testify by telephone, facsimile, video, or other electronic means, as long as such use does not substantially prejudice the rights of any party. Affidavits may be received into evidence upon stipulation of the parties.
27.3.9 - The Staff Personnel Board's findings of fact, conclusions, and recommendations, with supporting reasons, shall be reported, in writing, to the president, the employee, or their representative. If the institution's action was a notice of dismissal and if the Staff Personnel Board concludes that adequate cause for dismissal has been established, but that a lessor penalty would be more appropriate, it may so recommend with supporting reasons. The president shall make a decision and provide written notice of the decision to the Staff Personnel Board and the employee within fifteen calendar days of receiving the report. The employee or Staff Personnel Board may, within fifteen calendar days of the decision, submit a written response to the decision. An employee dismissed for cause may exercise the right to appeal the decision of the president to the Board of Higher Education.
27.4 - An employee dismissed for cause may appeal to the Board of Higher Education by filing, within fifteen calendar days of receipt of the president's decision, a notice of appeal and specification of reasons or grounds for the appeal with the Board's secretary. The secretary shall transmit the appeal to the Office of Administrative Hearings, with a request for appointment of a hearing officer to conduct the appeal, pursuant to N.D.C.C. 54-57, by reviewing the record and, based upon that review, making recommended findings of fact, conclusions of law and a recommended order to the Board of Higher Education. The Board may, in its discretion, ask the hearing officer to conduct a limited hearing or conduct a de novo hearing, and then make recommended findings of fact, conclusions of law and a recommended order to the Board. Proceedings on appeal shall be governed by the Uniform Rules of Administrative Practice and Procedure of the Office of Administrative Hearings. There is no appeal to the Board of Higher Education from a final decision of the president except from decisions resulting in dismissal for cause.
28. GRIEVANCE PROCEDURES
28.1 - A grievance exists when a regular staff employee is dissatisfied with an aspect of employment over which the employee has no control and on which remedial action is desired. Dismissal, demotion, suspension without pay, reduction in force, and position classification cannot be grieved pursuant to this section (See Section 14, Position Classification and Section 27, Appeal Procedures).
28.2 - If an employee feels unfairly treated or has a complaint, the employee shall first discuss it with the immediate supervisor. It may be a case of misunderstanding which can be straightened out by frank discussion.
28.3 - All employees have the right to present grievances to their supervisors or department heads and are assured freedom from discrimination, coercion, restraint or reprisal in presenting grievances.
28.4 - At each step of the grievance procedure the employee may be represented by another institutional employee or by a representative of the employee's choosing.
28.5 - All references to work days shall be to actual days worked at the normal work site by the person required to respond.
28.6 - Grievances shall be presented and advanced as follows:
28.6.1 - (Step 1) An employee shall explain in writing a grievance to their immediate supervisor. The written grievance will include the cause of the grievance and provide a suggested remedy. A grievance must be brought within twenty working days from the act causing the grievance unless a longer period of time is provided by law or written agreement. The supervisor, either alone or in collaboration with their supervisors, shall reach a decision and communicate it in writing to the employee within ten working days of their receipt of the written grievance. Every effort should be made to settle grievances at this stage. If the grievance is against the employee's immediate supervisor, the employee may begin the grievance with the next level of supervision.28.6.2 - (Step 2) If the grievance is not settled at step one, the employee shall advance a written grievance to the next level of supervision within five working days. The supervisor shall make a written reply to the employee's grievance within ten working days.
28.6.3 - (Step 3) If the grievance is not settled at step two, the employee shall advance the written appeal to the department head (or appointing authority) within five working days. The department head shall obtain the facts of the case up to this point from the department file and may hold a conference with all the parties concerned. Within ten working days of receipt of the appeal, the department head shall notify the employee, the supervisor and the appropriate campus official of the decision in writing.
28.6.4 - (Step 4) If the grievance is not settled at step three, the employee shall file an appeal to the Staff Personnel Board (See Section 27.1) within five working days of the receipt of the department head's or appointing authority's decision. The Staff Personnel Board shall hold a hearing with the persons concerned in the grievance. The Staff Personnel Board shall determine whether the grievance has merit, deciding to either accept or reject the proposed remedy of the employee. The Staff Personnel Board may prescribe alternative remedies to otherwise resolve the grievance. Within five working days after completion of the hearing, the Staff Personnel Board shall present its written decision to the department head, the employee, and the institution president.
28.6.5 - (Step 5) If the grievance is not settled at step four, the employee or the department head, within five working days of receipt of the decision of the Staff Personnel Board, may submit a written request for a review by the president of the institution. Within ten working days after receiving all information on the grievance, the president shall provide a written decision. The president's decision shall be final.
28.7 - Any disposition which is not appealed by the employee within the time allowed at each level shall be considered settled and binding on the employee and the institution. At any level, the employee and the appropriate supervisor may agree, in writing, that additional time is required after the grievance has been filed in writing. A copy of their agreement must go to the appropriate campus official who shall keep official records of the progress of a grievance regarding specified time limits.
29. REINSTATEMENT
29.1 - A former regular staff employee who resigned or was separated while in good standing will be allowed credit for prior service in establishing eligibility for employment benefits provided reemployment occurs within one year after termination.
30. WAGE GARNISHMENTS
30.l - All employers are required by law to accept garnishments against the wages of emloyees in satisfaction of legal judgements.
31. TRAVEL EXPENSE
31.1 - Employees who are authorized to travel at institutional expense are required to submit a detailed record of travel expenses on a travel reimbursement voucher.
32. STAFF PERSONNEL ADVISORY COMMITTEE
32.1 - A Staff Personnel Advisory Committee may be established by the president of the institution to meet and advise on matters relating to staff personnel.
32.2 - The Staff Personnel Advisory Committee may recommend revisions or amendments, or review proposed revisions and amendments to these policies.
33. CONTINUING EDUCATION FOR EMPLOYEES
33.1 - The North Dakota State Board of Higher Education encourages its employees to pursue a program of continuing education.
33.2 - All regular staff employees may be allowed release time from their regular duties for thebpurpose of enrolling in one academic class per school session. Release time shall be granted soblong as it does not interfere with the essential work of the institution.
This education program is subject to the following:
33.2.1 - The employee must obtain initial approval from their supervisor or department head andbfinal approval from the designated administrative official appointed by the president. 33.2.2 - Release time may be granted only for the amount of time required to attend the regularbclass session. Field trips and outside activities are not included. 33.2.3 - The employee shall not pay tuition and the student government activity fee andbuniversity/college fee for the class taken for credit or audit. (See SBHE Policy 820.4) 33.2.4 - The tuition waiver is limited to no more than three academic classes per calendar year.
34. AMENDMENTS AND EXCEPTIONS
34.1 - These policies may be revised or amended at any time by the State Board of Higher Education.
HISTORY: (Replaces Staff Personnel Handbook (Old Manual) as revised March 26, 1976).
