Ohio Admin. Code 3339-13-08

Current through all regulations passed and filed through October 28, 2024
Section 3339-13-08 - Unclassified administrative staff position elimination
(A) Notice

Unclassified administrative staff positions may be eliminated due to budget constraints (to include lack of funds or lack of work), reorganization, and reasons of efficiency or with the written approval of the appropriate vice president. Fulltime members of the unclassified administrative staff are entitled to at least two months advance written notice of position elimination. Fulltime members of the unclassified administrative staff with five or more years of continuous fulltime Miami service are entitled to five months advance written notice of position elimination.

Unclassified administrative staff employment terminates at the end of the notice period or at the end of the professional leave (see paragraph (C) of this rule), whichever is later. The employee is expected to fulfill the duties and responsibilities to which he or she is assigned during the notice period. This policy does not apply to termination for cause or nonrenewal of an appointment.

(B) Assistance with finding suitable employment

The university provides outplacement assistance in the form of résumé writing assistance, interview training, and employment counseling.

(C) Professional leave

A fulltime unclassified administrative staff employee with at least five years of continuous fulltime Miami service who has not secured other employment by the end of the notice period will receive one month of professional leave with pay and benefits. Professional leave under these circumstances is for the purpose of securing other employment. Upon request, the employee may be assigned clerical support to assist in this process. Professional leave is in addition to the notice period, and it is in addition to any other benefits due to the employee, such as pay for accumulated vacation. Employees on professional leave do not accrue vacation or sick leave.

If other employment has not been secured by the end of the professional leave, the university will provide severance pay to a fulltime unclassified administrative staff employee with at least five years of continuous fulltime Miami service. The severance pay program is intended to provide financial assistance during a period of employment transition. Eligible employees receive one week of severance pay for each completed year of continuous Miami service beyond five years. Should the eligible employee retire or secure other employment prior to or within the severance pay period, he or she shall receive one-fourth of the unused severance pay in a lump sum. Employees who participate in a university cash bonus retirement incentive program are not eligible for professional leave or severance pay.

Employees receiving professional leave or severance pay are required to notify the appropriate personnel office as soon as other employment is obtained.

(D) Extension of fee waiver

The university will extend the fee waiver benefits for eligible fulltime unclassified administrative staff employees and their eligible family members for a period of three hundred sixty-five days from the date of notice of position elimination.

(E) Relocation of the employee

If deemed appropriate by the department and responsible vice president, the employee may be moved to another location on campus any time after the receipt of notice through the end date of employment.

(F) Challenges

An employee who believes the selection for elimination of his or her position is in violation of a university policy, practice, or procedure may file a grievance under rule 3339-13-06 of the Administrative Code. An employee who believes the selection for elimination of his or her position is in violation of the policy prohibiting harassment and discrimination may file a complaint with the office of equity and equal opportunity.

(G) Exclusions

This policy does not apply to vice presidents and unclassified administrative staff positions held by tenured members of the faculty, part-time, intermittent or temporary employees, the athletic director, coaches, or persons hired with grant or external funds.

Replaces: 3339-13-08

Ohio Admin. Code 3339-13-08

Effective: 9/13/2012
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/30/1999, 9/30/2000, 10/31/2006, 10/17/2007, 8/20/2008, 11/14/2009, 9/13/2012