3.0 STAFF EMPLOYMENT POLICIES

3.1 STAFF EMPLOYEES - The information in this section gives employment policies for executive officers, administrative officers, administrative staff, managerial staff, professional staff, supervisory staff, and service and operations staff. These groups combined are known as staff employees.

3.2 BENEFITS DESIGNATION - University employment benefits are linked to the primary position for which an employee is hired. If an employee is hired through the staff hiring process but by virtue of his/her skills or expertise is assigned an additional academic title, benefits accrue to the primary staff title only, even though the employee's total title would reflect an additional academic appointment unless the provost, after consultation with the Director of Human Resources, specifically determines that an exception is in the best interests of the university. Example: Staff Psychologist/Adjunct Assistant Professor is assigned professional staff status and benefits. If a person is hired through the faculty hiring process and acquires a staff title because of additional responsibilities, then benefits are linked to the primary academic title. Example: Assistant Professor/Editorial Supervisor of The Oklahoma Daily is assigned academic status and benefits.

3.3 HIRING NEW STAFF EMPLOYEES - This policy, approved by the board of regents, was developed to provide a means for assuring: (1) that available human resources will receive full use; and (2) that all appointments, promotions and transfers will be made on the basis of individual qualifications and merit without regard to race, creed, color, national origin, sex, age, religion, disability or status as a veteran. It is also the policy of the university not to discriminate on the basis of sexual orientation. The University of Oklahoma is committed to equal employment opportunity and to employment of only U.S. citizens and aliens authorized to work in the United States.

3.3.1 HIRING POLICIES - Any vacancy for a position expected to last for 90 calendar days or more must be listed with the Office of Human Resources. Recommendations for appointments, reappointments, promotions and transfers will not be approved until candidates for these positions have been processed by Human Resources. Employment of persons for less than 90 calendar days should be coordinated with Human Resources for determining an appropriate compensation level. Hourly positions must be listed for at least 5 working days or until three candidates have been referred. Monthly positions must be listed for at least 7 working days regardless of the number of applicants. Hiring officials should notify current employees simultaneously with, if not prior to, listing the job to give the current department staff first knowledge of promotional opportunities within the department. Upon making a hiring decision, the department should advise Human Resources of the acceptance of the candidate selected and notify all other applicants that the position has been filled. All new employees will be required to provide identification and employability information in accordance with the Immigration Reform and Control Act. All new employees must have an I-9 form on file in Human Resources. Questions regarding this issue should be directed to Human Resources. For assistance in filling a staff vacancy, refer to the current affirmative action plan or call Human Resources.

3.3.2 DEFINITIONS -

Appointments: (a) Initial appointment refers to placing an individual on the payroll for the first time. (b) Reappointment refers to placing a former employee on the payroll when prior service was compensated by other than special payments. (c) A continuous appointment is one that is expected to continue for six months or more. (d) A full-time (FTE or full-time equivalent) appointment is one requiring 40 hours of work per week. (e) A part-time appointment is one that requires less than 40 hours of work per week. (f) Temporary appointments are expected to last less than six months. (g) Irregular appointments may last for an undefined period of time but require work on an irregular and uncertain schedule, totaling less than full-time.

Promotion: (a) The advancement of an employee to a classification with a higher pay range. The term does not apply to pay increases for work at the same level. (b) An internal promotion is a change to a classification with a higher pay range within the same department.

Transfer: (a) A promotional transfer is a change to a classification in a higher pay grade within another department. (b) A transfer occurs when an employee moves from one department to another or to a different position within the same department. A transfer may be made with or without a promotion.

Trainee Status: (This title and status are not currently in use by the University) Employment in a position where the individual does not meet the minimum qualifications for that position. The word "trainee" appears in parentheses after the title of the position for which the person is being trained. A trainee's salary or wage should be less than the minimum rate established for that particular classification. The trainee designation will be removed from the title when the employee satisfactorily meets the qualifications for the position. The salary or wage rate should be increased to reflect the completion of the training period. A trainee should be expected to meet the basic qualifications for the position within the probationary period.

Student Status: Applies to those employees currently enrolled full-time and regularly attending University of Oklahoma courses for credit and whose primary purpose for being at the university is to obtain an education. Student employees may not work more than 30 hours per week to be considered eligible to be exempt from paying FICA (social security and medicare taxes). By law, international students are not subject to FICA taxes; however, due to F-1 visa requirements, they cannot work more than 20 hours per week when classes are in session. The department head is responsible for determining the applicability of student status to the appointment and the work schedule to be met.

3.3.3 PROMOTIONS AND TRANSFERS - The university encourages the upward mobility of staff employees to positions for which they are qualified and which meet their career interests and objectives.

1 (a) Internal promotions are encouraged and may be effected without listing the job as long as underutilization of ethnic minorities and women does not exist within the department in the affected occupational category and subcategory or the department lists a lower level position. If the department intends to list a lower level position, Human Resources should be notified of the vacant position the department wishes to fill by internal promotion. Departments will notify their current employees of the vacancy prior to effecting an internal promotion. Vacancies along with all minimum qualifications required and the rate or range of pay will be made known by one or more of the following:

(1) announcements in staff meetings; (2) notices posted on department bulletin boards; (3) circulating memos to staff. To be considered for an internal promotion, employees must meet all minimum qualifications of the vacant position. After the qualifications of all interested departmental employees have been evaluated and a selection has been made, Human Resources will provide an Internal Promotion Selection Report Form, which is to be completed and submitted with the Personnel Action Form for the employee selected. (b) If the department will not be listing a lower level position, a utilization analysis will be conducted to determine whether underutilization exists. If underutilization exists, the department will be required to list the position through Human Resources. Internal candidates may apply for the position. The job must remain open for the appropriate period of time.

2. Positions that are to be filled by promotional or lateral transfers to another department should be listed in accordance with the university's Staffing Plan. Positions that result in lateral or demotional moves for employees within a department may be filled without listing.

3. Employees interested in promotional or lateral transfer opportunities should provide Human Resources with updated employment application material. Also, employees wishing promotional or lateral transfers are encouraged to discuss these possibilities with their supervisor.

4. Employees who have successfully completed the required probationary period of employment in their most recent position will be referred to promotional opportunities for which they are qualified. Employees with less than six months of service in their current classification will normally not be approved for promotion or transfer.

5. Departments accepting employees by transfer will be responsible for the employees' accumulated paid leave and short-term disability benefits.

6. Salary increases normally will not be approved for employees moving from one position to another at the same or lower level. A decrease in salary may be appropriate when employees accept transfers to lower level positions. Decreases in salary should be discussed with the Director of Human Resources before action is taken.

3.3.4 TESTING - Federal regulations require that employee testing be validated to show a direct relationship between test results and job performance. Employment tests are not to be used until they have been approved by Human Resources.

3.4 BENEFITS ELIGIBILITY - Only those employees holding a continuous appointment and working 50 percent time or more are eligible for university benefits. Employees working 50 percent (20 hours per week) but less than full-time are eligible for benefits in proportion to their percent of appointment. Persons working less than 50 percent time are not eligible for benefits. Student employment is considered temporary; therefore, student employees are not eligible for employment benefits other than Workers' Compensation.

3.5 PROBATIONARY PERIOD - Hourly employees serve a probationary period of six months, and monthly employees serve a probationary period of one year except where certification or licensure stipulates a different period of time. A probationary period is also served each time an employee receives a promotion or transfers to another department; however, such probationary periods do not affect an employee's eligibility for accruing or using university benefits. The probationary period is a time for learning the job requirements and demonstrating the skills and abilities to perform the duties assigned. When the probationary period is completed, employees are assumed to have demonstrated satisfactory performance in the position. Written, oral, skill, physical or other appropriate examinations may be required during the probationary period to help establish the employee's qualifications for continued employment.

3.6 REEMPLOYMENT - Employees who have two or more years of continuous service in a benefits-eligible appointment and who return to the university within 90 calendar days following termination under satisfactory conditions may have their previously accrued service time and remaining accrued benefits restored to their employment record. This action requires a recommendation from the department head and approval by the Director of Human Resources. Employees who are terminated under unsatisfactory conditions may be denied referrals for employment.

3.7 TERMINATION OF EMPLOYMENT - Employees may be terminated in the following manner:

Satisfactory Conditions. Employees terminated under satisfactory conditions can expect to receive written notice in advance of their termination (i.e., a two-week written notice to persons on an hourly rate of pay and a one-month written notice to those on a monthly rate of pay). The period of notice is to be given in addition to any terminal paid leave to which employees may be entitled. In turn, the university expects an equal period of notice in writing from employees resigning from university employment.

Reduction in Force. Personnel affected by layoff shall receive notice plus paid leave time accrued as set forth in Section 3.8.

Immediate Discharge. Employees may be discharged immediately as set forth in Section 3.22 when deemed to be in the best interest of the university. Terminations of employees with five or more years of university service will be reviewed by the appropriate executive officer or his or her designate before becoming final. A copy of each written notice of termination, layoff or resignation is to be sent to Human Resources.

3.8 REDUCTION IN WORK FORCE - Purpose. To provide policy and procedures to be followed when staff employees of the University of Oklahoma are to be laid off for reasons of reorganization or termination of part or all of an activity.

Applicability. This policy applies to all executive officers; administrative officers; and administrative, professional, managerial, supervisory, and service and operations staff employees either full-time or part-time (50 percent FTE or more). Student employees, temporary employees, employees on irregular appointments, employees in their initial probationary period, and staff whose total university appointment is less than 50 percent FTE are not eligible for layoff benefits.

Faculty members are covered by separate policies. Staff employees paid from grant and contract funds are normally provided a notice of their appointment, including a termination date, at the beginning of their employment period. In such instances, those portions of this policy and procedure referring to a 30-calendar-day notice prior to layoff and to a written notification of layoff are not applicable.

Policy. It is the policy of the university to provide stable employment to its employees. However, conditions that necessitate a reduction in the university's work force may arise. The need for personnel reduction due to reorganization, lack of work, lack of funds, or the abolishment or reduction of an activity as implemented by the budget unit head or dean shall be reviewed and approved by the appropriate provost or vice president.

The Financial Emergency Policy shall be followed in those instances where staff reductions follow and are related to the president's declaration that an agency of the university is in a state of financial emergency. Staff layoffs and recalls resulting from the application of the Financial Emergency Policy shall be conducted in accordance with the policy and procedures outlined herein. It will be the responsibility of the budget unit head or dean to work with Human Resources and the Affirmative Action Office to expedite the procedures as defined. The purpose of this coordination is to assist in determining alternative actions, to assure equity in layoff decisions, to review equal employment opportunity considerations, and to place those employees designated for layoff in other positions within the university for which they qualify or assure their continued consideration for other positions as they become available.

Employee retention will be based on both performance and seniority. Seniority will be considered as total seniority with the university. In the event performance is determined to be equal among employees, seniority will be given weighted consideration. Length of service is defined as benefits eligible service. Military leave and the first year of other approved leaves are considered continued service. Otherwise, leave without pay must be deducted from the establishment of years of service. Where options are available in choosing classifications subject to layoffs, departments will select those classifications where layoffs will have the least negative impact on the equal employment opportunity gains of the university. Equal employment opportunity impact is measured by whether a classification has current underutilization of one or more of the affected classes or whether the reduction has an adverse effect on protected classes. Documentation of the decision to retain will be required in writing and communicated to all employees affected.

Employees affected by layoff action transferring to another position within the department or to any other department within the university will be subject to normal probationary periods. Personnel affected by layoff shall receive a 30-calendar-day notice (see procedure) plus all paid leave time accrued up to the maximum allowed at termination as defined in the Paid Leave Policy, Section 3.11.1. Reasonable time off without charge to accrued leave will be given within the 30-day layoff notice period to attend job interviews.

Grievance procedures may be followed as defined in the Staff Handbook. Grievance procedures must begin within 10 working days following receipt of notice of layoff. Recalled employees will be reinstated with accrued benefits and seniority held before layoff. The right to recall is to the budget unit from which the layoff occurred and is for a period of 12 months from the date of layoff. Steps for recall and reinstatement are explained in the procedures that follow. If an employee is not recalled prior to the expiration date of the stated time limits or does not respond to a recall within the specified time limits, the University of Oklahoma is no longer obligated to reemploy that person under this policy.

Procedure. Actions should be taken prior to implementation of a reduction in work force to consider alternative solutions to minimize a layoff impact. These alternatives may include but are not limited to:
1)Reductions of operating expenses other than payroll.
2) Moratorium on further hiring within the university in the affected job class(es).
3) Separation of employees appointed for less than 50 percent time and employees on initial probation.
4) Reassignment of employees to comparable or other positions in an unaffected area.
5) Retraining of all qualified employees .
6) Encouragement of early or phased retirement.
7) Encouragement of leaves without pay or FTE reduction.
8) Demotions with save-pay feature if financially feasible.

If a layoff is necessary, the budget unit head should take the following action:
1. Develop a Reduction in Work Force Plan. A written plan is necessary when decisions must be made concerning which employees within the budget unit to retain. The plan will need to address at least the following concerns:
(a) Why is a reduction in work force necessary?
(b) What alternatives were considered prior to layoff?
(c) What was the rationale for deciding which function(s) in the overall operation must be preserved, altered or eliminated as a result of this reduction in work force?
(d) What classifications will be affected by the above decision and what will be the result on personnel?.

(e) An analysis of the department's total work force needs to be provided as follows:
(1) Total Work Force: Name of employees; Classification.
(2) Affected Classification(s): Name of employee; Social Security number; Probation (yes/no); Date of last performance evaluation; Last performance evaluation rating; Adjusted status date; Race; Sex; Age; Veteran's status; Disability; Retain (yes/no); Specific reason for layoff (if applicable).

2. Forward the plan to the dean/administrator for approval of the layoff action, if appropriate.

3. Upon the dean's/administrator's approval, send the proposed plan to Human Resources and the Equal Opportunity and Affirmative Action Office for review and process approval.

4. Forward the plan along with Human Resources and the Equal Opportunity Affirmative Action Office's recommendation to the appropriate provost or vice president for approval.

5. Upon the appropriate provost or vice president's approval, communicate the layoff plan as developed and approved to all affected persons verbally followed by written notice (either hand delivered or certified mail with return receipt) as far in advance as possible but with a minimum of 30 calendar days between the date of receipt and the beginning of the layoff.

Written notification of a layoff must contain the following information:
1. The reason for the layoff or displacement including the reason for not retaining the particular employee.
2. The effective date of the layoff.
3. The right to appeal the layoff within 10 working days of the receipt of notification through the university's grievance procedure.
4. A statement regarding the terms of reemployment or reinstatement.
5. A statement regarding the responsibility of the department and Human Resources to assist in securing other employment, without guarantee.

A copy of the layoff notice will be sent to Human Resources and the Affirmative Action Office. Human Resources will be responsible for counseling the individuals as to opportunities to relocate in a comparable vacant position. Employees who wish to relocate are responsible for keeping their file current in Human Resources. Likewise, employees who are laid off in accordance with this policy must keep Human Resources informed of their current mailing address. Recall and reinstatement procedures will be as follows:
1. The pool of employees qualified for recall must be screened prior to advertising a vacancy in a budget unit affected by the Reduction in Work Force Policy.
2. Employees will be recalled in inverse order of layoff for any position in the affected budget unit for which they meet the minimum qualifications.
3. Written recall notice from the department head to the employee will be sent by certified letter with return receipt with a copy to Human Resources.
4. Recalled employees shall have 10 calendar days from the date of the return receipt of the letter to notify the university of their intent to return to work, and such limitation shall be stated in the letter of recall to the employee.
5. An employee who does not state his/her intention to accept reemployment within 10 calendar days shall be removed from eligibility for recall.
6. An employee who is not available to report for reemployment within 30 calendar days of the recall notice shall be removed from eligibility for recall. Assistance in developing or implementing a Reduction in Force Plan is available from the Human Resources or Affirmative Action Offices.

3.9 COMPENSATION - The university attempts to pay employees wages and salaries competitive with those paid for similar work in the areas from which we recruit. Positions requiring similar knowledge, skills and abilities are given the same classification. A pay range is assigned in the current "Staff Pay Plan". The mid-point of the range is the competitive rate of pay. Human Resources is responsible for classification of each staff job (other than executive officer and administrative officer). Before a new position is filled, a classification should be approved by Human Resources. If a position has been previously classified but duties and responsibilities have significantly changed, a reclassification review should be requested. Requests to reclassify positions may be initiated by individual employees, department heads, other appropriate administrative officials or Human Resources. After a review is completed, the department head and other appropriate administrative officials will be advised of the action taken. Salaries and wages are reviewed periodically (generally once each year), and increases are given on the basis of merit. On occasion, pay rate adjustments in the Staff Pay Plan and other requirements result in across-the-board raises. The across-the-board adjustments are minimized, however, in order to reward individuals in terms of work performance.

3.10 WORK SCHEDULES - The university reserves the right to establish and change work schedules as may be necessary for the orderly and efficient operation of the university.

3.10.1 FLEXIBLE SCHEDULING (approved 3-20-1998) - The University of Oklahoma encourages department heads to utilize flexible scheduling for employees in departments where it can be implemented efficiently. A family-friendly workplace is encouraged and supported by the University.

3.11 LEAVES OF ABSENCE WITH PAY

3.11.1 PAID LEAVE AND EXTENDED SICK LEAVE POLICY (Revised August 29, 2002) - - Paid leave benefits are available to staff and 12-month faculty who hold benefits eligible appointments. Employees on limited appointments and student employees are not eligible for paid leave time. Paid leave time may be used for vacation, personal illness, funeral attendance, illness of a family member or other personal business. Monthly employees working at least half-time but less than full-time will receive paid leave accrual in proportion to their FTE appointment. Employees on the hourly payroll (Norman campus only) receive leave accrual on the basis of the number of hours paid. Accrual will be given for weeks during which at least 20 hours up to 40 hours are paid. Employees working at least half-time but less than full-time will accrue paid. leave benefits on a pro-rata basis. The 40-hour work week will be the basis for the pro-rata computations. Earned paid leave time is accrued on a monthly basis according to the published schedule. Paid leave time can be accrued up to the maximum allowance listed that schedule.

Time accrued beyond the maximum allowance will be deposited in an extended sick leave account. There is no maximum on the accrual of extended sick leave. Extended sick leave can be used for extended personal illness requiring more than five days. An employee may transfer accrued paid leave time to the extended sick leave account. Time deposited in the extended sick leave account may not be transferred back to the paid leave time accrual. Time away from work because of vacation, illness of a family member, funeral attendance or other personal business is to be reported as paid leave time taken. Absence due to personal illness is to be reported as paid leave time taken for the first five consecutive working days per incident.

When there is no accrued time in the paid leave account, the first five days per incident of illness must be leave without pay. Absence due to personal illness beyond five consecutive working days will be deducted from the extended sick leave account as long as accrued time is available. When there is no accrued time in the extended sick leave account, absence due to personal illness will be deducted from paid leave time. Scheduled paid leave time taken will be considered as time worked for the purpose of compliance with the university overtime policy. Unscheduled paid leave time taken and extended sick leave time taken will not be considered as time worked for overtime purposes. An employee returning to work part-time following a extended sick leave may continue to draw from the extended sick leave account for the time not worked until a full release is given by the physician. Recurrence of the same illness within 30 calendar days of returning to work from a extended sick leave may be considered a continuation of the incident and charged to extended sick leave.

Absences due to personal illness should be reported on the monthly payroll certification or hourly time records. A Personnel Action Form changing the employee's status to extended sick leave must be processed before any absence may be deducted from the extended sick leave account. The university will require acceptable medical documentation of illness or disability before allowing any charges to extended sick leave benefits whatsoever. Leave for personal illness should be taken in the following order: five days of paid leave time, extended sick leave leave, compensatory leave, remaining paid leave time, leave without pay. Duration of the disability is to be medically determined. No supervisor should compel an employee to return to work without a medical release. Pregnancy is to be treated as any other extended sick leave. An employee may continue normal duties through pregnancy or use available leave while unable to perform regular duties. Employees who utilize leave for pregnancy shall suffer no penalty, retaliation or other discrimination.

Vacation time is to be taken from paid leave time. Authorized holidays falling within an employee's vacation period will not be counted as vacation time. New employees may use their accrued paid leave for personal illness, funeral attendance, illness of a family member or other personal business, but may not use paid leave for vacation until they have been employed at the university for six months. Use of paid leave time for other than personal illness or emergency must be scheduled in advance with supervisory approval. Employees must comply with departmental policies for reporting absences and approving time off work. Whenever possible, the university will grant earned paid time off at the convenience of the employee. However, departmental needs must be met. Cash payment to an employee in lieu of paid leave time will not be permitted except upon termination. No cash payment will be made for time accrued in the extended sick leave account. Nine-month and ten-month employees will not receive cash payment for accrued paid leave time.

3.11.1.1. Payment of accrued leave upon termination of employment (Rev. 11/17/06)

Twelve-month employees who terminate their employment and who have been employed by the university more than six months in a benefits-eligible position will be paid for accrued leave up to the annual maximum. Terminal pay will not include credit for university-recognized holidays falling within the pay period. Retiring employees (who for purposes of this policy, must meet one of the following conditions: (1) receiving TRS retirement, (2) receiving OU retirement, (3) receiving Social Security retirement), and the beneficiaries of deceased employees will be paid for accrued paid leave time up to the maximum accrual allowance and will receive pay for holidays falling within the pay period.

Employees appointed to grants and contracts accounts are expected to use all earned paid leave time during the specified period of their appointment unless the grant or contract contains a separate account with sufficient funds to pay for accumulated leave time upon termination of the employee or unless the department to which the employee is transferring is willing to accept it. If such funds are not available, paid leave time must be transferred into the extended sick leave account at the time the employee terminates or the grant or contract is discontinued. Twelve-month employees changing to a nine- or ten-month appointment must transfer all accrued paid leave time in excess of 12 days into the extended sick leave account.

3.11.2 HOLIDAYS - Each academic year, the university recognizes 11 holidays including New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, plus four other holidays as listed in the annual holiday schedule. Employees eligible for benefits will be excused from work with pay on those days recognized by the university as holidays. A holiday falling on a Saturday will be recognized by the university on the preceding Friday. A holiday falling on a Sunday will be recognized by the university on the following Monday. When continuous operations of the university require that employees be regularly scheduled to work on days otherwise recognized as holidays, such employees will be granted an equal amount of time off with pay on a date mutually agreed to by the employee and the budget unit head.

3.11.3 JURY DUTY - Pay will be given to employees on a benefits-eligible appointment who are subpoenaed for jury duty or as a witness before a court of law, legislative committee or judicial body.

3.11.4 VOTING - A sufficient amount of time off with pay will be given for the purpose of voting in national, state and local elections.

3.11.5 MILITARY LEAVE - The university's military leave policy is in conformance with applicable federal and state law. In accordance with an opinion given by the attorney general, all continuous (excludes temporary) university employees working 25 hours per week or more are entitled to a leave of absence with pay for the first 30 calendar working days of military duty during any federal fiscal year (October 1 through September 30) as stipulated in the law when ordered to active or inactive duty. The leave with pay shall not be charged against paid leave or other accrued benefits.

3.11.6 REEMPLOYMENT RIGHTS - Reemployment rights and benefits following a military leave of absence are in conformance with applicable federal and state laws. For specific information, contact Human Resources.

3.11.7 RETURNING FROM LEAVE - Employees failing to return to work upon expiration of their leave of absence, either with or without pay, shall be considered to have terminated. Eligibility for reemployment shall be in accordance with the reemployment policy. Individuals who enlist for active duty are eligible for reemployment rights as a veteran.

3.11.8 FUNERAL LEAVE - Time required that is incident to death of a relative or friend may be charged to available paid leave. See Paid Leave, 3.11.1.

3.11.9 EMERGENCY LEAVE - Time required for serious illnesses in the immediate family, emergency personal business that cannot be handled at another time, or similar emergency situations may be charged to paid leave. See Paid Leave, 3.11.1.

3.11.10 ADMINISTRATIVE LEAVE - An administrative leave with pay is sometimes given when it is determined to be in the university's best interest that an employee not return to work for a specified period of time or for designated emergency closings of the university. Time approved as administrative leave will not be charged to paid leave.

3.11.11 DISCIPLINARY LEAVE - An employee may be placed on a disciplinary leave of absence with or without pay when it is in the best interest of the university to do so. Leave with pay will normally not exceed one working day. Leave without pay may not exceed five working days. This leave is covered in detail as a part of the Positive Discipline Procedure, 3.22.

3.11.12 SHARED LEAVE POLICY (approved 1-1-2001) - The Shared Leave Program is a means for a University employee to donate paid leave to a fellow University employee, who is eligible for and requires leave while experiencing a serious health condition as defined, and which has caused, or is likely to cause, the employee to take leave without pay.

Definitions:

Employee Recipient - Twelve (12) month faculty and staff who hold benefits-eligible appointments that accrue paid leave and who have had continuous employment for at least twelve (12) months preceding the serious health condition. The recipient employee must have used all his/her short-term-disability, paid leave hours, and compensatory time hours (if applicable) prior to being eligible to receive shared leave. Shared Leave is not available for employees in off-work status due to workers compensation.

Employee Donor - Twelve (12) month faculty and staff who hold benefits-eligible appointments that accrue paid leave and have a paid leave balance greater than 50% of annual accrual. A donating employee can donate paid leave at any time during the budget year.

Serious Health Condition- A serious, extreme, catastrophic, or life-threatening medical condition is a period of incapacity requiring the employee to be medically unable to work for a period of five (5) days or more. The medical condition includes continuing treatment or supervision by a health care provider; or continuing treatment of a chronic or long-term health condition. The employee must be suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused, or is likely to cause, the employee to take leave without pay.

Shared Leave Committee- The Shared Leave Committee will monitor the Shared Leave Program, make policy recommendations to administration and employee governance groups, and will approve the distribution of shared leave to the recipient. The Shared Leave Committee will consist of seven (7) University employees, with a term of three (3) years, and shall be recommended by the Faculty and Staff Senates and appointed by the Vice President, Administrative Affairs. The Shared Leave Committee will report annually to the Faculty and Staff Senates, the President, Provost, and the Vice President for Administrative Affairs, the overall utilization and evaluation of the Shared Leave Program.

Shared Leave Pool- The Shared Leave Pool will include both: (1) paid leave hours donated by eligible employees for distribution to a specific employee who has applied for and been approved for receipt of shared leave, and (2) paid leave hours which have previously been donated but not distributed. Hours donated that were not distributed to a specific employee will be maintained in the pool, along with any hours donated for general distribution to eligible employees.

General Guidelines:

1) Shared leave is meant to cover only the duration of the serious health condition for which it was approved.

2) Donated paid leave is transferable between employees, in different University departments, within each campus with the approval of the Shared Leave Committee.

3) Any unused shared leave that was donated to a specific employee will be maintained in the Shared Leave Pool to be distributed to other qualified employees.

4) All donated leave must be given voluntarily. No employee shall be coerced, threatened, intimidated, or financially induced into donating paid leave for purposes of the Shared Leave Program.

5) Persons involved in the administration of the Shared Leave Program are responsible for guarding the privacy of leave recipients and donors. Communications with either group must be kept confidential.

6) Employees who are receiving shared leave will not accrue additional paid leave.

Eligibility and Participation Requirements for Recipient.

1) The employee or his/her personal representative will complete a Shared Leave Request Form and attach documentation from a licensed physician or health care practitioner verifying the need for the leave and expected duration of the condition. 2) The employee must have a current satisfactory performance evaluation on file, or have no positive disciplinary actions on file during the previous twelve (12) month period. 3) The Budget Head will review the application and forward his/her recommendation to the Shared Leave Committee.

The Shared Leave Committee will determine eligibility of the employee based on:
a) The definitions listed above.
b) All paid leave available to the employee has been used or is likely to be used. Absence due to personal illness beyond seven consecutive working days will be deducted from the short-term disability account if accrued time is available. Once the short-term disability account is zero, the employee must also use all available paid leave hours before being eligible to participate in the Shared Leave Program.
c) The employee has abided by University policies regarding the use of paid leave.

4) If the employee meets the above criteria, the Shared Leave Committee will determine the amount of donated leave an employee may receive and may only authorize an employee to use up to a maximum of four hundred and eighty (480) hours in a twelve (12) month period. An employee can not exceed two hundred sixty (260) days or two thousand eighty (2,080) hours of donated leave during total university employment.

5) The receiving employee shall be paid his or her regular rate of pay, up to a maximum of two-thousand five hundred ($2,500) dollars per month of approved shared leave. Each hour of approved shared leave will be provided to the recipient on an hour for hour basis. The leave received will be designated as shared leave and be maintained separately from all other leave balances.

Eligibility and Participation Requirements for Donor

1) The receiving employee must be eligible under the above criteria.

2) The donating employee will complete a Shared Leave Donation Form. The Shared Leave Donation Form must be sent to the Shared Leave Committee.

3) The donating employee may donate any amount of paid leave provided the donation does not cause the paid leave balance of the employee to fall below 50% of his/her annual accrual.

4 )Donations must be made in full-hour increments.

3.12 LEAVES WITHOUT PAY - Leaves of absence without pay for personal reasons may be recommended by the budget unit head when it appears to be in the best interest of the university and the employee. Such leaves may not exceed one year in length. A period of leave of absence without pay does not count as service time for computation of benefits other than for retirement as specified. Leave without pay for monthly paid employees may not be for absences of less than one day's duration.

3.12.1 PERSONAL - When employees are granted leaves without pay for personal reasons, the university is obligated to reemploy the individual in either the same or a similar position within the recommending department. If a position cannot be provided at the conclusion of the leave, the university may be obligated for costly unemployment compensation benefits. Therefore, prior to granting a leave without pay, departments should carefully consider whether they will be in a position to reemploy the individual at the conclusion of the leave. If the position cannot be held open or filled on a temporary basis, the department should make it clear to the employee and state on the Personnel Action Form that the leave is being granted with the understanding that the university is not obligated to reemploy the individual at the conclusion of the leave.

3.12.2 INTERIM FAMILY AND MEDICAL LEAVE POLICY - The University of Oklahoma's Interim Family and Medical Leave Policy, which incorporates provisions of existing university policies and the federal Family and Medical Leave Act of 1993, is designed to enable employees to balance their work responsibilities with the demands of caring for family members or in the event of serious personal illness or injury. All regular faculty and staff who hold benefits eligible appointments with an FTE of .50 or greater can access their accrued leave as provided by the university's Paid Leave and Extended Sick Leave Policy (Section 3.11.1, university Staff Handbook). In addition, after one year of employment by the university, they are eligible for up to a total of 12 work weeks of leave (combined paid and unpaid) during a 12-month period in accordance with the following provisions. A complete copy of the federal law, which contains further definitions that may apply to an employee's situation, is available from Human Resources.

Family leave - Purpose. Family leaves of absence may be taken for the following reasons: (1) birth of son or daughter of the employee and in order to care for the son or daughter; (2) placement of a son or daughter with the employee for adoption or foster care; (3) care of a spouse, son or daughter, or parent who has a serious health condition. A serious health condition is one that requires in-patient care or continuing treatment by a health-care provider.

Terms.

(1) Accrued leave, as provided for in the Paid Leave and Extended Sick Leave Policy, shall be used initially by the employee. When leave with pay is no longer available, the leave may be extended to a total of 12 work weeks during a 12-month period by using leave without pay. During this time, university insurance benefits will continue, but additional leave with pay will not accrue.

(2) Family leaves for birth, adoption or placement of a foster child must fall within the term of employment and are to be taken consecutively without interruption ending no later than 12 months after the day of birth or placement of child. Family leaves to care for a seriously ill spouse, son or daughter, or parent may be taken intermittently or on a reduced time basis (i.e., by working fewer days in a week or fewer hours in a day) if such a schedule is needed for medical reasons. When family leave without pay is taken to care for a spouse, son or daughter, or parent, acceptable documentation from the health-care provider will be required by the university.

Pregnancy Leave -

(1) With pay. Leaves with pay for pregnancy are available to eligible employees through utilization of their accrued short-term disability as provided in the Paid Leave and Extended Sick Leave Policy. Pregnancy is to be treated as any other short-term disability, with the duration of the disability to be medically determined. An employee may continue normal duties through pregnancy or use available leave while unable to perform regular duties. Employees who utilize leave for pregnancy shall suffer no penalty, retaliation or other discrimination.

(2) Without pay. Leaves for the birth of a child may be extended beyond that granted for the medical disability to a total of 12 weeks through the utilization of accrued paid leave or leave of absence without pay.

(3) Extension of probation for tenure-track faculty. If a tenure-track faculty member takes pregnancy leave, the probationary period prior to a tenure decision may be extended for one year at the written request of the faculty member and with approval of the academic unit, dean, and senior vice president and provost. (Section 3.7.3 (h), Norman campus, and Section 3.7.3. (i) HSC, Faculty Handbook)

Medical leave - Purpose. Medical leaves of absence are available to eligible employees in the event of serious personal illness or injury. Terms. (1) Accrued leave, as provided for in the Paid Leave and Extended Sick Leave Policy, shall be used initially by the employee. When leave with pay is no longer available, the leave may be extended to a total of 12 work weeks in a 12-month period by using leave without pay. During this time, university-paid insurance benefits will continue, but additional benefits will not accrue. (2) Medical leave may be taken intermittently or on a reduced-time basis (e.g., by working fewer days in a week or by fewer hours in a day) if such a schedule is needed for medical reasons. The university will require acceptable medical documentation of illness or disability.

Procedure - Requests for family or medical leaves of absence must be in writing and must include the reason for the request and the anticipated time period for the leave. All requests for family and medical leaves of absence shall be made at least 30 days in advance to the extent practicable. If the leave is for planned medical treatment, the employee is expected to schedule the treatment so as to create minimum disruption for the employer. When leave is used for the employee's own serious health condition or to care for a spouse, son or daughter, or parent with a serious health condition, acceptable medical documentation from the health-care provider will be required.

Return to work- Eligible employees who take a family or medical leave of absence from a position within the university will be able to return to the same or equivalent position and employment benefits. In the event of budgetary or organizational changes during the period of absence, the employee shall be treated as if he or she were occupying the same position at the time of the change. If an employee does not return to work as agreed upon, unless other arrangements are made, he/she shall be considered to have resigned from the university effective the last day worked.

Extended leaves of absence without pay - Purpose. As provided in Section 3.12 and 3.12.1 of the university Staff Handbook, leaves of absence without pay for personal reasons may be recommended by the budget unit when it appears to be in the best interest of the university and the employee

Terms- (1) Leave of absence without pay may not exceed one year in length. (2) A personal leave of absence without pay does not count as service time for computation of benefits, other than for retirement as specified, and insurance benefits will be paid by the employee. Leave without pay for monthly employees may not be for absences of less than one day's duration. (3) When employees are granted leaves without pay for personal reasons, the university is obligated to reemploy the individual in either the same or similar position with the recommending department. Therefore, prior to granting a leave without pay, departments should carefully consider whether they will be in the position to reemploy the individual at the conclusion of the leave. If the position cannot be held open or filled on a temporary basis, the department should make it clear to the employee and state on the Personnel Action Form that the leave is being granted with the understanding that the university is not obligated to reemploy the individual at the conclusion of the leave.

3.13 STAFF POLICIES: AUTHORITY AND ADMINISTRATION - The responsibility for administration of staff employment policies and procedures is delegated to the directors of Human Resources for the respective campuses under the executive authority of the president of the university. The authority for employment policies stems from public laws, the board of regents and the president of the university. It is understood that any provision made herein may be voided by action of a superseding authority. Each staff employee has the right to discuss with the directors of human resources or his/her representative the terms of employment, including matters concerning hours, compensation and working conditions. Supervisors are responsible for communicating policies and procedures within their department. Policies and procedures not found in the Staff Handbook that are critical to departmental operations and/or unique to a department or work area should be communicated in writing and readily available to all affected employees. Care should be taken to avoid disciplining employees for violation of policies or procedures that have not been communicated to them.

3.14 ACCESS TO PERSONNEL FILE POLICY - For the purpose of making faculty and staff employment decisions, the university maintains individually identifiable personnel files on persons who have been or who are its employees. This policy is intended to provide guidelines for access to those records in order to promote an informed public while maintaining the security of personnel records necessary to protect the privacy of its employees and the interests of the institution in fulfilling its constitutional functions. Access to appropriate records shall be in accordance with the provisions of this policy and the university's open records policy.

Contents. Those responsible for the custody of personnel files shall determine information to be placed in the files. Only such information as is germane to the person's employment with the institution shall be retained in these files. Examples of this type of information are: (1) information pertaining to bona fide occupational qualifications; (2) service on university committees, councils and task forces; (3) summaries of pre-employment recommendations and merit, tenure and promotion recommendations; (4) performance and discipline matters; (5) personnel actions, such as appointment, change of status, tenure and promotion; (6) awards, elected offices, service to outside organizations and professional associations. Individuals may ask that materials relevant to their employment be included in their personnel file by written request to the directors of Human Resources, to the executive secretary of the board of regents or to the provosts, as appropriate.

Confidentiality. The following personnel records shall be deemed confidential and may be withheld from public access:
1. Those that relate to internal personnel investigations including, without limitation, examination and selection material for employment, hiring, appointment, promotion, demotion, discipline or resignation.
2. Those where disclosure would constitute a clearly unwarranted invasion of personal privacy such as, but not limited to, employee evaluations, medical documentation, payroll deductions and employment applications submitted by persons not hired by the university.
3. Those that are specifically required by law or university policy to be kept confidential.

Access. Personnel files shall be made available to individuals to review in accordance with the following guidelines provided that the files may be inspected by persons so entitled only under the supervision of the custodian or his/her designee in the administrative office where they are maintained.

1. With the exception of information/records excepted or excluded elsewhere in this policy, personnel files shall be made available for public inspection, copying and/or mechanical reproduction in accordance with procedures established under this policy, the university's open records policy, or as otherwise provided by law such as by court order or subpoena. Examples of available information include, without limitation: (a) an employment application of a person who becomes a public official; (b) the gross receipts of public funds; (c) the dates of employment, title or position; (d) any final disciplinary action resulting in loss of pay, suspension, demotion of position or termination.

2. Supervisors or administrators shall have access to the personnel files of persons employed or being considered for employment in their areas of responsibility on a need-to-know basis and shall have authority to share the information with others responsible for personnel recommendations and/or decisions; further, other institutional officers or employees showing a legitimate need for the information shall be permitted such access.

3. Except as may otherwise be made confidential by statute or university policy, an employee (or his/her designee as authorized in writing and signed by the consenting employee) shall have a right of access to his/her own personnel file, provided: (a) Letters of evaluation and/or recommendation that apply to pre-employment qualifications, tenure and/or promotion that are solicited in confidence or sent with the expectation of confidentiality shall be deemed confidential and unavailable to the employee unless otherwise ordered by a court of law
(b) An individual wishing to inspect his/her personnel file should submit a written request for inspection to the custodian of the file
(c) If the file contains confidential records as set forth in 3(a) above, they must be removed before the file is opened to the individual. Upon request, employees will be advised of the type and number of documents that were not made available to the employee for his or her review and that will be returned to the file after the review
(d) An individual may not remove or add any records to his/her personnel file at the time of inspection

Correction of records. An employee may dispute the accuracy of any material included in his/her personnel file. Such questions should be directed to the custodian of the file in writing. If the questions are not resolved by mutual agreement, the employee may initiate a formal challenge through the employment grievance or discrimination complaint procedures as outlined elsewhere in university policy.

3.15 PATENT POLICY - All rights to and interest in discoveries or inventions, including patents thereon, that result from research or investigation conducted in a facility of the university or office of research administration or from research of any member of the faculty, staff or student body, either in the course of employment by the university or substantially through the use of facilities or funds provided by or through the university, shall be the property of the university, and all rights shall be assigned as the president directs. The president may seek advice in these matters of the OU Patent Advisory Committee.

3.16 COPYRIGHT POLICY - The university recognizes and encourages its faculty, staff and student body to participate in creative and scholarly activities as an inherent part of the educational process. All university personnel, in accordance with the university's policy and basic objectives of promoting creative and scholarly activities, are free to develop, create and publish copyrightable works. Disputes arising over royalty sharing for university-commissioned works shall be referred to the University Copyright Committee. For more information see the Faculty Handbook (section 3.28). For a complete copy of the policy contact the Office of Technology Development.

3.17 TRANSFERS BETWEEN CAMPUSES - Transfers of employees between University of Oklahoma campuses are permitted without loss of employment benefits when the status of the position to which such a transfer is made carries eligibility for employment benefits. If benefits differ between campuses, benefits will be limited to those in effect on the campus to which the transfer is made. To effect this policy, transferring employees must:
1. Request Human Resources to forward information regarding paid leave and short-term disability balances, Sooner Options insurance information, beginning date of employment and personnel actions affecting benefits eligibility to the Human Resources office of the campus to which they are transferring.
2. Request the payroll section to forward year-to-date figures for Teachers' Retirement and FICA deductions and, if appropriate, the individual's Defined Contribution Plan membership number and amount of contributions made for the current fiscal year to the human resources office of the campus to which transferring.
3. Contact the human resources office of the campus to which transferring to re-establish employment benefits, e.g., insurance, teachers' retirement, the defined contribution plan and similar benefits. The respective offices of Human Resources will coordinate as needed to assure the orderly transfer of pertinent information and documentation affecting the transferring employee's employment status with the university. Copies of documents will be exchanged and provided as needed.

3.18 SERVICE CREDIT TRANSFER - On occasion, persons employed by organizations existing for the benefit of the University of Oklahoma will transfer individually or as a group to university employment. When this occurs, the Director of Human Resources is authorized to approve university service credit for periods of employment with the university-related organization. The service time credited will be subject to the same conditions applied as though the time were worked for the university.

3.19 GOVERNANCE ACTIVITIES - Since the university depends upon an effective system of councils and committees in reaching its goals and objectives, it is important that staff members be given encouragement and support to participate in such governance activities. Budget unit heads and supervisors are expected to provide opportunities for their staff members to serve on university councils, committees and task forces when appointed. Time taken during working hours to attend meetings and otherwise participate in the activities of such organizations will be considered work time and need not be made up.

3.20 TRAINING AND DEVELOPMENT - Training and development activities are open to all faculty, staff and student employees. Workshops, seminars and other developmental activities designed to improve the administration of university functions are offered through Human Resources. The university is committed to staff development and training for its employees. Departments are encouraged to promote the development and training of their staff. Time off during working hours may be given. Permission to enroll in and attend staff development training opportunities during normal working hours must be obtained through regular supervisory channels. While the university reserves the prerogative of scheduling staff development training time to meet its service requirements, it also expects each budget head and supervisor to make sure that each person under his/her supervision is allowed to participate in university-sponsored staff development opportunities. No employee should have to make up time spent attending these programs.

3.21 PERFORMANCE EVALUATION - One of the most important responsibilities of university supervisors is conducting evaluations of staff employees in their work group. Performance evaluations are basic to good personnel management and are considered a fundamental part of each supervisor's job assignment. Evaluations are useful to: (l) achieve desired work performance; (2) receive ideas and input; (3) assist employees in personal development; (4) correct performance problems; (5) assist employees to develop additional knowledge, skills and abilities for job advancement; (6) document shortcomings for positive discipline procedures that may be necessary; and (7) provide compensation that is relative to work performance.

All staff employees (except student and other temporary employees) are to receive a performance evaluation at least once each year. Evaluations may be given on a more frequent schedule when supervisors believe them to be useful. New employees are to receive an evaluation at the completion of their probationary period. Each employee will receive an evaluation from his/her immediate supervisor.

Performance evaluations are to be separated sufficiently in time from the university's budgeting schedule so that the focus of performance evaluation is on employee development but timed sufficiently with the budgeting process that performance evaluation results are meaningful in terms of annual merit increase recommendations. For this reason, performance evaluations for staff members who have completed their probationary period of employment are to be given each year between January 1 and March 31. When justifiable because of the work cycle, exceptions may be made to this time period by the appropriate vice president or provost. Each performance evaluation is to be discussed with the employee receiving it.

Performance evaluations are to be documented and signed by the employee's immediate supervisor, the employee and the budget unit head as appropriate. The employee's signature is not interpreted to mean agreement with the evaluation but rather acknowledgment that the evaluation has been discussed with the employee. A copy of the written evaluation is to be given to the staff member.

Budget units may use whatever form of performance evaluation is considered most appropriate for the kind of work performed in their workplace. Human Resources will assist departments in the development of evaluation instruments upon request. In addition to the budget unit form, the university's Performance Summary Report is to be completed and signed by the employee's immediate supervisor, the employee and the appropriate budget unit head. An employee should have two working days after receiving a copy of this summary before he or she is required to sign it. One copy of the summary is to be given to the staff member evaluated, and the original is to be sent to Human Resources to become part of the employee's official personnel file. On the Norman campus, the summary forms may be purchased through the central storeroom. At the Health Sciences Center, obtain forms through available printing services.

3.22 POSITIVE DISCIPLINE - University employment policy is designed to give each employee a full opportunity for work success. This objective is dependent upon good employee selection procedures, meaningful employee orientation, appropriate on-the-job training, periodic performance evaluations and a positive approach toward employee discipline by university supervisors. Disciplinary action is considered a dimension of performance evaluation and employee development. It is a corrective process to help employees overcome work-related shortcomings, strengthen work performance and achieve success. When problems occur, they should be handled in reasonable ways that jointly support the concept of positive discipline and minimize the interruption of university services. Employee discipline may be needed and, as a corrective procedure, is an integral part of university employment policy.

Underlying discipline, however, is an expectation that supervisors will direct their efforts toward employee development and success. When discipline is necessary, the positive guidelines below should be used as part of employee development. The guidelines are not expected to be rigidly applied but will be suitable for most university discipline situations. Depending upon the circumstances and the supervisor's judgment in individual cases, repeating a step, jumping a step or moving to immediate discharge may be appropriate.

Supervisors are expected to document all disciplinary action. The disciplinary action documentation should contain a clear description of the behavior that prompted the discipline, the action taken by the supervisor, and how the employee's conduct must change within a specified time frame. Oral reminders should also be documented in the employee's departmental file. All documentation must be factual and complete. A form for documenting disciplinary action is available in Human Resources.

Oral Reminder. This is the first step in the procedure. It involves a discussion between a supervisor and an employee about a minor work performance problem. The objective is to correct the problem by indicating in a friendly but serious manner how actual performance falls short of desired performance. This step should ensure that no employee is disciplined for violation of a policy or procedure she/he might reasonably not know about.

Written Reminder. This is usually the second step in the procedure if an oral reminder has not corrected the problem. If the offense is of a serious nature, a written reminder is an appropriate first step. It formalizes a discussion between a supervisor and an employee about a performance deficiency.

Disciplinary Leave. An employee may be placed on a disciplinary leave of absence with or without pay when it is in the best interest of the university to do so. Leave with pay will normally not exceed one day. Leave without pay may not exceed five working days. This step is usually taken after unsatisfactory performance has not been corrected following the application of an oral and written reminder. It may be taken as a first and final step before discharge in the event of a major offense. An employee returning to work following disciplinary leave must agree to work in a manner that includes following rules and regulations and correcting unsatisfactory performance.

Discharge. This is not a step in the positive discipline procedure. Discharge may occur when positive steps have been used but performance has not changed or when an employee has committed a major offense. A major offense includes but is not limited to willful misconduct, dishonesty, poses a threat to University operations or the safety and well-being of the individual or other employees, or behavior that is unacceptable to the University. Examples would include falsification of records, stealing, disruptive behavior, insubordination, threatening or committing any violence, and/or violation of the Policy on Prevention of Alcohol Abuse and Drug Use on Campus and in the Workplace (5.18).

Before finalizing a decision to terminate employment, managers are encouraged to provide an opportunity for the employee to respond or offer explanation to the allegations that are the basis for the proposed termination. Documentation should include the employee's name, date of the incident, explanation of the circumstances resulting in the discharge, and reference to all previous disciplinary steps taken.

It is recommended that department representatives contact the Director of Human Resources or a designee before discharging an employee.

3.23 STAFF GRIEVANCE PROCEDURE (Rev. 11/2006) Download a PDF Copy here

Introduction - The University is committed to providing employees with a way to voice complaints and seek solutions to work-related conflicts arising out of working conditions, employment practices, or policy interpretations. This Staff Grievance Procedure has been developed to address this need.

What Is Not Covered Under The Staff Grievance Procedure? - Excluded from the Procedure are complaints concerning: (1) Wages and salaries; (2) Performance-related dismissals during the employee's initial probationary period; (3) University statements concerning policies and rules; (4) Falsification of employment application documents; (5) Alleged discrimination based on race, color, national origin, sex, age, religion, disability or status as a veteran; sexual harassment; or racial/ethnic harassment. Alleged discrimination complaints are covered by a separate procedure administered by the University's Office of Equal Opportunity.

Who Can File A Grievance? - The staff grievance procedure is available to full-time, part-time, regular, temporary, or student staff employees of the university. Faculty appointments are covered by a separate policy which can be found in the Faculty Handbook. Also excluded from this grievance procedure are academic appointments, including but not limited to, graduate assistants, teaching assistants, residents, and research fellows.

Informal Resolution Attempt Required Before Filing A Grievance - The University encourages communication between supervisors and employees in order to resolve employee disputes promptly. Therefore, an attempt to informally resolve complaints is required before filing a formal grievance complaint.

For consideration under the Informal Resolution process, an employee must present his or her complaint within ten (10) working days from the date the incident giving rise to the complaint occurred. The complaint should be submitted to the immediate or second level supervisor for consideration and discussion. If no resolution is achieved, the employee is also encouraged to review the complaint with the department director, appropriate dean, or vice president. Upon request by either party, Human Resources will attempt to facilitate resolution of the issues in dispute. The Informal Resolution process should be completed within a reasonable period, generally not to exceed thirty (30) calendar days from the date the complaint was initiated. If both parties are satisfied with the results of the Informal Resolution process, the basis for resolution should be documented and the process closed. At any time during the 30-day period, either party may contact Human Resources and request that the process be closed. Once the Informal Resolution process is closed, the employee may pursue the formal grievance procedure.

Individuals with complaints involving termination of employment shall proceed directly to the formal grievance procedure. All complaints must be filed in the Human Resources office within 10 University working days of the receipt of the written notice of termination.

Filing A Grievance - Employees have 10 working days from the end of the informal resolution process to submit a written grievance complaint (see Timelines and Deadlines). The staff grievance procedure guarantees a prompt and impartial review of all facts involved without fear of coercion, discrimination, or reprisal. A grievance filed under this policy may not be filed under any other university grievance procedure.

Employees who choose to exercise this option also agree to accept the conditions as outlined in the policy. Forms for use in preparing a staff grievance are available online at www.ou.edu/ohr, can be picked up in the offices of OHR, or obtained through campus mail by calling the Office of Human Resources.

Either party to a grievance may seek technical assistance in the preparation of the grievance from the Office of Human Resources or by a trained non-legal representative whose name is provided by Staff Senate. An employee who chooses to be represented by any legal or non-legal assistance from outside of the university, may do so at his or her own expense.

Terminated Employees Who File A Grievance - An employee who is terminated may file a grievance requesting review of the termination decision. Complaints involving a termination shall proceed directly to the pre-hearing conference. Filing a grievance does not change the employment status of the grievant. If the termination is overturned by the appropriate Provost, Vice President, or by the President, the decision shall state whether the grievant is to be reinstated with full, partial, or no back pay and benefits.

Timelines and Deadlines - The grievance procedure sets forth timelines for initiation of action at each step. If a grievance is not forwarded by the Complainant within the time allowed in any step, the grievance will be considered discontinued and no further review will take place. Any written grievance not answered by the Respondent within the time allowed may be sent on to the next step by the Complainant. The Office of Human Resources may assist the Complainant in clarifying time limits and may extend, in its discretion, any timeline where either party cannot reasonably comply within the limits.

Steps to Resolve a Grievance Prior to a Formal Hearing

1) The employee (Complainant) must complete and return the Formal Notice of Grievance form to the Office of Human Resources. Copies of this notice will be sent to the designated Respondent, Complainant, the Complainant's department head, and the applicable provost or vice president's office.
2) The designated Respondent listed on the Notice of Grievance form shall respond in writing within three (3) business days of receipt of the grievance and may at that time request a Pre-Hearing Conference or reply to the Complainant's written statement. Should the Respondent fail to reply within three (3) business days of receipt of the grievance, or the Complainant believes that the written reply is unsatisfactory, the Complainant can ask the Director of Human Resources (or appointed designee - throughout the process this term is interchangeable) to proceed directly to a Pre-Hearing Conference to resolve the grievance.
3) Human Resources will forward copies of the Notice of Grievance and the respondent's reply to the Respondent, the Complainant, the Complainant's department head, and to the appropriate provost or vice president's office.
4) Unless the Complainant has requested that the grievance initially proceed directly to a Pre-Hearing Conference, the Director of Human Resources shall bring all parties to the grievance together. The goal of the Pre-Hearing Conference is to seek an agreeable resolution of the grievance prior to holding the formal hearing. The Director will facilitate efforts to reach a mutually agreeable solution to the issues in dispute. The Complainant's attorney or non-legal advisor may not participate in the Pre-Hearing Conference, but may advise the Complainant outside of the Pre-Hearing proceedings.
5) At any time during the grievance process, the Director of Human Resources or a designee may dismiss the grievance upon a finding that no appropriate issue of grievance exists or if the parties reach a resolution. Both parties shall receive written notice of the decision to dismiss or of the resolution agreement and a copy shall be sent to the appropriate Provost or Vice President. The Director's decision to terminate the grievance procedure is final.
6) If a resolution does not result from the Pre-Hearing Conference and the grievance has not been terminated, the Director of Human Resources shall call for a Grievance Committee to be formed and a grievance hearing to be scheduled.

Forming A Grievance Committee

The Grievance Committee will be selected from a volunteer pool of full-time, non-academic staff that shall be maintained and provided by the Staff Senate from each campus. The Staff Senate for each campus shall be responsible for determining the selection criteria for the volunteers whose names are submitted to Human Resources. The Director of Human Resources shall preside over the drawing of twelve names from the volunteer pool. Persons to be disqualified from the initial selection pool of twelve will be those who: (1) have direct involvement or knowledge of the incident involved;(2) are employed in the same budget unit; (3) are related to either party in the grievance or; (4) have been determined by the Director of Human Resources to have an articulated prejudice in the case.

The names of the volunteer pool shall be placed in a container, and the drawing shall be conducted in the presence of both parties to determine the five members who will be asked to serve on the Grievance Committee. The first five names drawn shall constitute the Committee. Two alternates shall also be selected in the event a Committee member cannot fulfill his/her service on the Committee. Prospective Committee members will be asked to disqualify themselves if they cannot provide an objective, unbiased review of the issues involved in the grievance. For example, a close friend to any party to a grievance should disqualify himself/herself from participating on a grievance panel. When, for any reason, prospective Committee members disqualify themselves, the alternates will be called to serve. Two alternates will be maintained throughout the process.

After serving on the grievance committee, volunteers will be removed from the volunteer pool and will not be eligible to serve again for at least three years.

The Staff Grievance Hearing Procedure

1) The Committee shall elect a Grievance Committee Chair. Once a Chair has been established, it is the responsibility of Human Resources to provide full training to the Chair to better prepare him/her to handle the committee procedures. The Director of Human Resources shall provide technical and clerical assistance to the Committee but shall not be a member of the Committee. The Chair shall schedule the hearing, call meetings, make arrangements, conduct the hearing, and prepare and deliver the Committee's Report of Findings. The Chair shall have authority to preside at all hearing meetings, keep order during the hearing, and to rule on relevance of evidence introduced during the hearing.
2) During the hearing, the Complainant's attorney or non-legal participant may advise the Complainant but will not be permitted to present evidence or cross-examine witnesses except when termination of employment is the issue of complaint. The University's Legal Counsel may be made available to the employer with the same stipulations as above. If the grievance does not involve termination, or if Legal Counsel is not present, the hearing will be conducted without attorneys being present. Either party may obtain procedural advice from the Grievance Committee Chair. The Chair may consult with the University's Legal Counsel before providing such advice.
3) The Committee Chair will notify both parties of allowable documents and witnesses submitted for the hearing. Both parties may call witnesses, but witnesses have the right to refuse to testify, unless the witness has testified, then he/she may not refuse to be cross-examined by the other party. Both parties shall provide the names of all potential witnesses to the Committee in advance of the hearing. These names shall be available to each party upon request. The general content and nature of witness testimony shall also be included so the Committee may determine the relevance of planned testimony. The Chair shall schedule and call witnesses to be heard in such a manner that witnesses' waiting time will be minimized. Witnesses may be recalled for additional questioning after initial witnesses for both parties have been heard. Any documentary or other evidence to be submitted at the hearing must be submitted to the Committee within the timeframe stipulated by the Chair. Failure to timely file names of witnesses, summary of witness testimony, or documentary or other evidence shall result in the exclusion of such testimony or evidence during the hearing.
4) There will be at least three parts to each hearing including: a) The opening comments, b) presentation of evidence, including testimony and c) closing comments. The Complainant shall be heard first followed by the Respondent.
5) Opening comments and closing comments shall each be limited to no more than 30 minutes. No strict time limit shall be placed upon the presentation of evidence. The Chair may limit the introduction of evidence that he or she determines to be redundant.
6) Length of hearing sessions shall be established in advance. Periodic rest periods shall be called throughout the course of the hearing. At no time shall a hearing continue for longer than three hours without a rest period.
7) All hearing sessions shall be closed to the public. All testimony pertaining to the grievance hearing shall be held in confidence between the parties participating in the hearing.
8) Only evidence relevant to the previously specified issues in the Formal Notice of Grievance Form may be introduced in the hearing. Questions of relevancy shall be directed to the Chair, whose decision shall be final.
9) Both parties to the grievance shall be provided copies of whatever materials are introduced as evidence unless the Chair rules the materials to be irrelevant.
10) The grievance hearing shall be taped. Participants are to be asked to identify themselves for recording on the tape. At the conclusion of the grievance, the tape will be filed with the Office of Legal Counsel and kept there for a period of at least six months.
11) The final content of the Report of Findings and recommendations shall be the responsibility of the Grievance Committee. It shall include: (a) a summary of the key points identified in the hearing that related only to the allegations specified in writing and (b) specific recommendations on the Complainant's requests for relief.
12) The Grievance Committee's recommendations shall be submitted to the appropriate Provost or Vice President within five University business days of the close of the hearing. Copies are to be given to the President of the University, both parties to the grievance, dean/director, and to the Office of Human Resources
13 The appropriate Provost, Vice President, or designee shall act on the recommendations of the Grievance Committee within 15 University business days and provide confidential notification of his/her decision to the parties to the grievance, members of the Grievance Committee, the Office of Human Resources, and the President of the University.
14) The President may reject the decision of the appropriate Provost, Vice President, or designee within 15 University business days of the receipt of the decision. In the absence of such a change, the decision shall be final under the executive authority of the President.

3.24 DRIVER'S LICENSE POLICY- It is a University of Oklahoma policy that employees who are required to operate a university motor vehicle on any public roadway while in the performance of their regular job duties must have a valid driver's license issued by the State of Oklahoma. Below are the procedures to ensure adherence to this policy.

1. The University of Oklahoma will conduct a driver's license verification and status check on new employees selected for positions that involve operation of a university motor vehicle. In addition, the university will conduct periodic driver's license verification and status checks on all employees in positions involving operation of a university motor vehicle.

2. Any new employee who has applied and been accepted for university employment in a position where possession of a valid driver's license is a listed requirement and who is subsequently determined not to have (or have had at time of application) a valid Oklahoma driver's license will be considered to have submitted false information and will therefore be subject to termination.

3. An employee who is hired by the University of Oklahoma and who holds a valid out-of-state driver's license will be considered to be a properly licensed driver for employment purposes. However, any such employee must obtain a valid Oklahoma driver's license within 30 calendar days of the first day of employment. Failure to obtain an Oklahoma driver's license within this period may result in termination. (a) Student employees may operate a university motor vehicle in the course of their employment so long as they hold a valid driver's license issued by their state/country of residence/origin. (b) The only driver's licenses recognized by the State of Oklahoma and Oklahoma law enforcement agencies are those issued by any of the other 49 United States and those issued by the country of origin of international students. The so-called International Driver's License is not recognized and does not constitute a valid driver's license for employment purposes.

4. Current employees who must possess a valid driver's license to perform their job are required as a condition of employment to notify their supervisor immediately upon receipt of any notification from the Oklahoma Department of Public Safety or any court of competent jurisdiction that their driver's license has been suspended or revoked or has in any way been modified or subjected to restrictions not previously known to the supervisor. Failure to make such notification within the specified time period may result in termination.

5. Oklahoma law requires that holders of a driver's license who have taken legal action to change their name (through marriage, divorce or court action) and/or have changed their mailing address must notify the Oklahoma Department of Public Safety of such change(s) within 10 days. University employees will be expected to be in compliance with this provision of the law.

6. If a current employee's license is suspended or revoked, expires or is subject to modification or restriction and such action prevents the employee from performing any part of his/her regularly assigned work duties, that employee will not be permitted to operate a university motor vehicle on any public roadway until the license is fully reinstated, renewed or additionally modified. Until the employee's driving privileges are restored, the employee's department may reassign the employee to a job not requiring the operation of a university motor vehicle or place the employee on appropriate leave status, including but not limited to compensatory time, paid leave or leave without pay. Before the employee may resume operating a university motor vehicle on public roadways, written confirmation from the Oklahoma Department of Public Safety verifying license reinstatement or conferring privileges to drive while at work or a properly issued renewal license must be presented to the supervisor. back / next To Index