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Policy 5-109: Staff Separations

  1. Purpose
    1. This policy applies to all Staff Members holding benefits eligible positions who have completed their probationary period. It outlines the policy with respect to staff employee separations that are non-disciplinary. Separation from University employment occurs when a Staff Member is removed from the payroll because of resignation, job abandonment, retirement, or unavailability.
  2. Definition
    1. For the purposes of this policy, these words and phrases have the following meanings:
      1. Staff Separations: occur when a Staff Member is no longer a Staff Member of the University, due to resignation, job abandonment, retirement, or an employee's unavailability.
      2. Relevant employee definitions are defined in Policy 5-001.
  3. Policy
    1. Resignation and Retirement
      1. A Staff Member may terminate his/her employment with the University by submitting an oral or written resignation to his/her supervisor.
        1. A Staff Member in an “exempt” (Fair Labor Standards Act) position who resigns his/her position should when possible provide four (4) weeks advance notice; and
        2. A Staff Member in a “non-exempt” (Fair Labor Standards Act) position who resigns his/her position should when possible provide two (2) weeks advance notice.
      2. Finalizing or withdrawing a resignation:
        1. Supervisors should acknowledge the receipt and acceptance of both oral and written resignations in writing. Written acceptance of a resignation is to be either delivered personally to the Staff Member, sent by email, or sent by U.S. mail to his/her last known address. Written acceptance of a resignation is effective upon delivery if delivered personally, upon sending if emailed, and upon mailing if sent by U.S. mail.
        2. Unless and until the supervisor delivers, sends or mails written acceptance of a resignation, the Staff Member may withdraw his/her resignation within twenty-four (24) hours (by the same time on the next business day) after s/he has submitted it. Withdrawal of a resignation must be in writing and must be delivered to the supervisor within this twenty-four (24) hour period. Even within this twenty-four (24) hour period, no resignation can be withdrawn after the delivery, sending, or mailing of a written acceptance, without manager approval.
      3. Retirement:
        1. Retirement is a type of resignation. A Staff Member may retire when s/he is eligible and applies for receipt of benefit payments or annuities under the applicable benefit program in accordance with Policy 5-302, Retirement Programs.
    2. Job Abandonment
      1. Staff Member abandons his/her position, and his/her employment with the University will be discontinued, by failing to come to work for three (3) consecutive scheduled workdays and failing to follow his/her Department's notification Procedure.
        1. On or after the first day missed without notice, the Department will endeavor to contact the Staff Member to determine why the Staff Member has failed to report to work.
        2. If an Staff Member returns after 1 or 2 days without notice, s/he will be subject to corrective action in accordance with Policy 5-111 .
        3. If a Staff Member fails to report to work for three (3) consecutive days, s/he may be subject to separation from employment, even if s/he returns to work on the fourth day.
      2. Separations under this provision of this policy must not occur until the Department consults with and has the approval of Human Resources.
      3. The Department shall provide written notice to the Staff Member of the separation. Written notice is to be delivered personally to the Staff Member or mailed to his/her last known address.
    3. Separation Due to Unavailability
      1. A Staff Member may be separated from employment on the basis of unavailability when the Staff Member is unable to return to his/her position after all approved leave has been exhausted and there is no reasonable alternative available that would allow the Staff Member to return to his/her position and perform the functions of his/her job. Reasonable alternatives may include, but not be limited to, a reasonable accommodation requested in accordance with the Americans with Disabilities Act, an unpaid extended medical leave, or a business adjustment.
      2. Prior to implementing a separation due to unavailability the Department shall provide the Staff Member written notice of the following:
        1. the pending separation;
        2. the reason for the action (i.e., the Staff Member is unable to return to work);
        3. the proposed effective date of the separation; and
        4. the opportunity to propose reasonable alternatives that would allow the employee to return to work. The Staff Member must submit his/her proposed reasonable alternatives in writing within five (5) working days to Human Resources.
      3. At the conclusion of the five (5) day response period, and after taking into consideration any proposed alternative or other information the Staff Member may have offered, the Department must consult with and obtain the approval of Human Resources before separation can occur.
      4. The Department shall provide written notice to the Staff Member of the separation. Written notice is to be either delivered personally to the Staff Member or mailed to his/her last known address.
    4. Other Separations
      1. Staff Members may also be separated from employment for reasons including but not limited to;
        1. lack of appropriate I-9/E-Verify or other required employment eligibility verification.
        2. loss of eligibility to perform the functions of the job. This includes lack of proper licensure, certification, and/or privileges granted by the University or other regulatory bodies.
    5. Departments are responsible to ensure that all University property is returned (keys, ID cards, credit cards, equipment, etc), all debts are resolved and all computer/data access discontinued.

      1. [Note: Parts IV-VII of this Regulation (and all other University Regulations) are Regulations Resource Information – the contents of which are not approved by the Academic Senate or Board of Trustees, and are to be updated from time to time as determined appropriate by the cognizant Policy Officer and the Institutional Policy Committee, as per Policy 1-001 and Rule 1-001.]
  4. Rules, Procedures, Guidelines, Forms, and other related resources
  5. References
    1. Policy 5-203, Staff Employee Grievances
    2. Policy 5-210, Discrimination Complaints
    3. Policy 5-117, ADA Reasonable Accommodations
    4. Policy 5-200, Leaves of Absence (Health-Related)
    5. Policy 5-302, Retirement Programs
  6. Contact
    1. The designated contact officials for this Policy are:
      1. Policy Owner (primary contact person for questions and advice): Director of Employee Relations for Human Resources.
      2. Policy Officer: Chief Human Resource Officer
        1. These officials are designated by the University President or delegee, with assistance of the Institutional Policy Committee, to have the following roles and authority, as provided in University Rule 1-001:
        2. "A 'Policy Officer' will be assigned by the President for each University Policy, and will typically be someone at the executive level of the University (i.e., the President and his/her Cabinet Officers). The assigned Policy Officer is authorized to allow exceptions to the Policy in appropriate cases.... "
        3. "The Policy Officer will identify an 'Owner' for each Policy. The Policy Owner is an expert on the Policy topic who may respond to questions about, and provide interpretation of the Policy; and will typically be someone reporting to an executive level position (as defined above), but may be any other person to whom the President or a Vice President has delegated such authority for a specified area of University operations. The Owner has primary responsibility for maintaining the relevant portions of the Regulations Library... . [and] bears the responsibility for determining -requirements of particular Policies..." University Rule 1-001-III-B & E
  7. History
    1. Renumbering: Renumbered as Policy 5-109 effective 9/15/2008, formerly known as PPM 2-8.
    2. Revision history:
      1. Current version: Revision 3:
        1. Approved by Academic Senate: 4/5/2010
        2. Approved by Board of Trustees: 4/13/2010
        3. Editorially revised: October 11, 2011
          1. Editorial changes were made to this document to reflect the changes in employee definitions as set forth in Policy 5-100
      2. Earlier revisions:
        1. Revision 2: effective dates February 13, 2006 to April 12, 2010
        2. Revision 1: effective dates June 29, 2004 to February 12, 2006
        3. Revision 0: effective dates July 13, 1998 to June 28, 2004
Last Updated: 9/28/17