Rule R6-309A: Postdoctoral Fellows

1. Restrictions
2. Selection
3. Appointment
4. Salary/ Stipend
5. Written Agreement
6. Review Procedure
7. Orderly Dismissal
8. Benefits
9. Parental Leave

Purpose and Scope‌

1. Purpose.

   This rule governs the appointment and benefits for Postdoctoral Fellows in all academic units including the establishment of parental leave benefits the University provides for the birth, foster placement, or adoption of children, and limits on the term of the appointment.

2. Scope.

   This rule applies to all Postdoctoral Fellows, including Postdoctoral Fellows employed by University of Utah Hospitals and Clinics. This rule applies to all academic units including departments, divisions, and colleges that employ Postdoctoral Fellows.

‌Definitions‌

The definitions provided in Policy 6-309 apply for this rule. In addition, the terms below apply for the limited purpose of this rule.

1. “Benefits-eligible Position” means the same as the term is defined in Policy 5- 001.

2. "Child" means a biological, adopted or foster Child, stepchild, legal ward, or a Child of a person standing in loco parentis.

3. “Caregiving Leave Benefits” are parental leave benefits that are primarily for the care of a Child post-birth as well as planning and care for an adopted or foster child immediately prior to and after placement in the Postdoctoral Fellow’s home.

4. “Disability Leave Benefits" are Parental Leave Benefits that are necessary to address pregnancy related health conditions of the birth parent and pre-natal Child.

5. “Eligible Caregiver” means a Postdoctoral Fellow who provides the majority of Child contact hours during the Postdoctoral Fellow’s regular working hours.

6. “Parent” means a biological Parent or an individual who performs all parental duties in lieu of a biological Parent.

7. “Parental Leave Benefits” includes both Caregiving Leave Benefits and Disability Leave Benefits.

‌Rule‌

1. ‌Restrictions‌

   1. Postdoctoral Fellow positions are reserved for individuals with terminal degrees who are selected by various academic departments to engage in advanced study and research in collaboration with members of the faculty.

   2. An individual may not hold an appointment as a Postdoctoral Fellow for more than five years unless approval is obtained from the Graduate School Office of Graduate Education and Postdoctoral Affairs before extending the appointment beyond five years. At the end of five years, the individual does not need to leave the university; however, the individual must be moved to a different position/job code unless approval has been obtained to remain in a Postdoctoral Fellow job code.

2. ‌Selection‌

   1. The selection of persons to fill Postdoctoral Fellow positions as defined should be carried out in a manner consistent with established criteria and in accord with university commitments to equal opportunity.

3. ‌Appointment‌

   1. An appointment to a Postdoctoral Fellow position is effective only upon the written approval of the cognizant department chair or director, as applicable, and other approvals as required by the academic unit.

   2. Each appointment ends automatically on the ending date specified when the appointment is initiated or on June 30 of each year if no ending date is specified. An appointment may be renewed without a repetition of the selection process, but the appointment term may not exceed five years.

   3. If a Postdoctoral Fellow’s appointment will not be renewed or will be terminated early for a reason other than for cause (e.g., due to loss of funding), the supervisor should provide at least ninety days’ notice.

4. ‌Salary/Stipend‌

   1. ‌Postdoctoral Fellow positions shall be Benefits-eligible positions. Each academic unit should establish minimum salaries for Postdoctoral Fellows as described in Guideline G6-309A.

5. ‌Written Agreement‌

   1. Each individual hired as a Postdoctoral Fellow should be given a clearly written statement of the terms of the appointment, including, as a minimum, the following items:

      1. beginning and ending dates of the appointment;

      2. brief description of the duties to be performed;

      3. amount of salary or stipend to be paid; and

      4. designation by name and/or position title of the immediate supervisor.

   2. Any reference to benefits in the statement of terms must be in accord with current university policies and procedures governing such benefits.

6. ‌Review Procedure‌

   1. A Postdoctoral Fellow’s designated supervisor shall provide timely evaluations of the Postdoctoral Fellow’s job performance and make conscientious efforts to assist the Postdoctoral Fellow to correct any unsatisfactory aspects of job performance. If an unsatisfactory aspect of job performance continues after an effort to correct the job performance, the supervisor must provide the Postdoctoral Fellow with a written statement of difficulties and a reasonable time in which to correct them.

7. ‌Orderly Dismissal‌

   1. Any person appointed according to the provisions of this section may be dismissed for cause, including failure to meet the performance expectations of the position, as well as for misconduct.

   2. Before dismissing a Postdoctoral Fellow, the supervisor must give the Postdoctoral Fellow written notice of pending dismissal (“Notice”), setting forth the reasons for the potential dismissal, and provide the Postdoctoral Fellow an opportunity to respond to the reasons set forth in the Notice. After considering the Postdoctoral Fellow’s response, the supervisor will then decide whether to terminate the employment of the Postdoctoral Fellow and must provide the Postdoctoral Fellow with a written decision regarding the proposed dismissal (“Decision”). A dismissal may not take effect sooner than 30 days following the date of the Notice.

   3. If the Postdoctoral Fellow wishes to appeal the Decision, the Postdoctoral Fellow must submit, within the ten days following the Decision, a written appeal to the cognizant chairperson (or dean, for single department colleges, or in cases where the supervisor is the cognizant chairperson). After considering (1) the information contained in the Notice and the response to the Notice from the Postdoctoral Fellow, (2) the Decision, and (3) the appeal submitted by the Postdoctoral Fellow, the chairperson/dean shall decide whether to uphold or to rescind the Decision to dismiss. The chairperson/dean’s decision is final.

8. ‌Benefits‌

   1. Benefits available to Postdoctoral Fellows are listed in Policy 5-308.

9. ‌Parental Leave‌

   1. General Eligibility

      1. The University’s Postdoctoral Fellows are entitled to the benefits set forth in this rule.

      2. Parental Leave Benefits are not available to a Postdoctoral Fellow who is a birth Parent but who relinquishes parental rights in relation to the Child following birth. In such cases, the person who gives birth may be eligible for benefits under other University regulations regarding health-related leave and the Family Medical Leave Act.

      3. The Associate Dean for Postdoctoral Affairs shall make the University’s final decision as to whether a Postdoctoral Fellow who requests Parental Leave meets requirements for Parental Leave.

         1. The Associate Dean for Postdoctoral Affairs shall approve a request for Parental Leave if the request meets the requirements described in this rule.

   2. Parental Leaves of Absence

      1. Types of Paid Leave.

         1. Disability Leave Benefits and the resulting leave of absence under this rule are available to an eligible Postdoctoral Fellow birth Parent.

         2. Caregiving Leave Benefits and the resulting leave of absence under this rule are available to an eligible Postdoctoral Fellow who serves as an Eligible Caregiver of the Postdoctoral Fellow’s own newborn Child or a partner's newborn Child or of the Eligible Caregiver’s Child newly placed for adoption or foster care.

         3. If the Child’s parents are both University of Utah employees, Postdoctoral Fellows, or graduate students, both parents are entitled to a University-sponsored parental leave of absence.

   3. Paid Leave Benefit

      1. Upon approval of a request, an Eligible Caregiver will be granted the equivalent of eight weeks of paid Parental Leave of Absence (including both Disability Leave Benefits and Caregiving Leave Benefits).

         1. The supervisor, in consultation with the Associate Dean for Postdoctoral Affairs may grant the Eligible Caregiver an extended leave period (beyond eight weeks) so long as similarly-situated Postdoctoral Fellows in the same unit are treated consistently.

         2. If agreed to by both the Eligible Caregiver and the Eligible Caregiver’s supervisor, the Eligible Caregiver may work part-time during some or all of the Parental Leave of Absence, in which case the Parental Leave of Absence may extend beyond eight calendar weeks; however, the paid leave time under this rule will be limited to the equivalent of eight full-time weeks total.

         3. Under certain circumstances, externally funded Postdoctoral Fellowships may require an additional formal notification and approval from the funding agency for extension beyond a standard duration, as required by the terms of the award.

      2. The Postdoctoral Fellow shall continue to receive their salary and benefits during Parental Leave.

      3. Any portions of the Postdoctoral Fellow’s compensation during the leave period from grants or contracts must be based on actual effort performed for the award and all award requirements must be met.

      4. Disability Leave Benefits shall ordinarily begin no more than four weeks prior to the expected birth of the Child and shall be completed no later than the end of the leave period for which the leave is sought.

      5. Caregiving Leave Benefits shall ordinarily begin no earlier than two weeks prior to the expected birth or placement for adoption or foster care of the Child and shall be completed no more than 12 months following the birth, adoption, or foster placement of the Child.

   4. Right of Return

      1. At the conclusion of a paid Parental Leave taken under this rule, a Postdoctoral Fellow has the right to return to their position and resume employment with the same salary and benefits as would have been applicable if the Postdoctoral Fellow had not taken the Parental Leave. Failure of the Postdoctoral Fellow to resume the duties of the position at the conclusion of the leave may result in the termination of employment.

      2. A Postdoctoral Fellow receiving a Parental Leave benefit is still subject to a reduction in force or reassignment that would have occurred had the Postdoctoral Fellow been working.

   5. Parental Leave and the Family Medical Leave Act (FMLA)

      1. A paid Parental Leave of Absence (including both Disability Leave Benefits and Caregiving Leave Benefits) taken under this rule runs concurrently with leave available under the Family and Medical Leave Act (FMLA) and does not extend or defer FMLA leave.

      2. An eligible Postdoctoral Fellow may, in addition to a Paid Parental Leave, qualify for some period of unpaid leave under the FMLA during the same 12-month period to the extent the Postdoctoral Fellow has not otherwise exhausted their FMLA during the relevant time period.

   6. Procedures: Request for Benefit, Notification of Administrators, Timing

      1. A Postdoctoral Fellow requesting a Parental Leave of Absence under this rule shall:

         1. complete the appropriate approved University form (Postdoctoral Fellow Parental Benefit Request form); and

         2. submit the completed form to the Postdoctoral Fellow’s faculty advisor, department chair, and the Graduate School Office of Graduate Education and Postdoctoral Affairs.

      2. The Postdoctoral Fellow and the Postdoctoral Fellow’s faculty advisor shall enter into a written agreement that describes the Postdoctoral Fellow’s responsibilities and how the Postdoctoral Fellow will fulfill those responsibilities following a Parental Leave of Absence, including the total length of the Postdoctoral Fellow’s leave and whether the Postdoctoral Fellow will have a period of part-time work during the parental leave (unless the Postdoctoral Fellow is on block FMLA, in which case no work requirements may be imposed for that FMLA period).

      3. A Postdoctoral Fellow shall make a request for a parental leave of absence at least 90 days prior to the expected birth of the Child or as soon as reasonably possible before an adoption or foster placement. Failure to provide adequate notice may result in a delay of approved leave.

   7. Unanticipated Events

      1. Not all events surrounding pregnancy, childbirth, adoption, and the health of a young Child can be fully anticipated for purposes of this rule. A Postdoctoral Fellow should consult with their academic unit, OEO, and the Graduate School Office of Graduate Education and Postdoctoral Affairs if alternative accommodations are required.

   8. Relationship to Other Policies

      1. Nothing in this rule precludes an academic unit from providing similar benefits to trainees other than the Postdoctoral Fellows eligible under this rule or providing to Postdoctoral Fellows more extensive benefits for parental or other family responsibilities, so long as similarly-situated Postdoctoral Fellows in the same unit are treated consistently and any more extensive benefits are not in violation of another University regulation.

      2. Other leave that has been taken or is scheduled to be taken by a Postdoctoral Fellow does not preclude eligibility for Parental Leave under this rule.

   9. Role of the Office of Equal Opportunity and Title IX

      1. A Postdoctoral Fellow who needs an accommodation associated with a pregnancy, a pregnancy-related medical condition, or who experiences discrimination should contact the OEO.

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         Sections IV- VII are for user information and are not subject to the approval of the Academic Senate or the Board of Trustees. The Institutional Policy Committee, the Policy Owner, or the Policy Officer may update these sections at any time.

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‌Policies/ Rules, Procedures, Guidelines, Forms, and other Related Resources‌

1. Policies/ Rules

   1. Policy 6-309: Academic Staff, Educational Trainees, Postdoctoral Fellows and Medical Housestaff

2. Procedures, Guidelines, and Forms.

   1. Guideline G6-309A: Compensation for Postdoctoral Fellows

3. Other Related Resources. [ reserved ]

‌References‌

1. [ reserved ]

‌Contacts‌

The designated contact officials for this regulation are:

1. Policy Owner (primary contact for questions and advice): Dean of the Graduate School

2. Policy Officers: Executive Vice President for Academic Affairs and Executive Vice President for Health Sciences

   See University Rule 1-001 for information about the roles and authority of policy owners and policy officers.

‌History‌

Revision History.

1. Current version. Revision 1.

   1. Approved by the Executive Vice President for Academic Affairs and the Executive Vice President for Health Sciences. Approved by the Academic Senate Executive Committee under summer authority on June 9, 2025, with effective date of September 9, 2025.

   2. Legislative History

   3. Editorial Revisions

2. Previous versions.

   1. Revision 0. Effective July 1, 2022

3. Renumbering

   1. Not applicable