USVI Public Records

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Page: 1 I. Table of Contents I. Table of Contents ...................................................... 1 II. Introduction .............................................................. 6 Section 2.01 Mission Statement ......................................................... 6 Section 2.02 Seven Management Values ............................................. 6 Section 2.03 Applicability .................................................................. 7 Section 2.04 Human Resources Office’s Roles and Responsibilities ......... 7 III. Staff Personnel Policies ............................................. 8 Section 3.01 Employee Rights; University’s Obligations; Anti- discrimination Policy; Affirmative Action Policy .................. 8 Section 3.02 Americans with Disabilities Act Policy ............................... 9 Section 3.03 Child Labor Regulations ................................................ 10 Section 3.04 Conflict of Interest and Disclosure Policy ........................ 10 Section 3.05 Consulting .................................................................. 11 Section 3.06 Diversity .................................................................... 11 Section 3.07 Employee Records ....................................................... 11 Section 3.08 Intellectual Property .................................................... 12 Section 3.09 Nepotism/Employment of Relatives ............................... 12 Section 3.10 Sexual Harassment ..................................................... 13 Section 3.11 Termination of Employment .......................................... 13 Section 3.12 Death of an Employee .................................................. 16 IV. General University Policies ...................................... 18 Section 4.01 University Property and Facilities ................................... 18 Section 4.02 Solicitation on Campus ................................................ 18 Section 4.03 Political Activities ........................................................ 19 Section 4.04 Outside Employment ................................................... 19 Section 4.05 Gifts and Gratuities ..................................................... 20 Page: 2 Section 4.06 Smoking .................................................................... 20 Section 4.07 Possession of Firearms/Weapons ................................... 20 Section 4.08 Membership in Organizations ........................................ 21 Section 4.09 Volunteer and Community Activities .............................. 21 Section 4.10 Financial Obligations .................................................... 22 Section 4.11 Conduct ..................................................................... 22 Section 4.12 Children in the Workplace ............................................ 22 Section 4.13 Behavior in the Workplace ............................................ 23 Section 4.14 Personal Appearance ................................................... 23 Section 4.15 Essential Personnel ...................................................... 23 Section 4.16 Disaster Preparedness and Recovery Policy .................... 24 Section 4.17 Emergency Compensation ............................................ 24 V. Discipline, Grievance and Appeal Processes ............ 25 Section 5.01 Progressive Discipline .................................................. 25 Section 5.02 Grievance ................................................................... 30 Section 5.03 Appeal Process ............................................................ 31 Section 5.04 Mediation ................................................................... 32 VI. Time and Attendance .............................................. 33 Section 6.01 Office Hours ............................................................... 33 Section 6.02 Attendance and Time Reporting .................................... 34 Section 6.03 Exempt Employees ...................................................... 36 Section 6.04 Non-Exempt Employees ............................................... 37 Section 6.05 Overtime .................................................................... 38 Section 6.06 Compensatory Time..................................................... 39 Section 6.07 Holidays ..................................................................... 40 Section 6.08 Flextime ..................................................................... 42 VII. Classification and Pay ............................................. 45 Section 7.01 Classification, Position and Job Descriptions .................... 45 Page: 3 Section 7.02 Pay Plan ..................................................................... 46 VIII. Employment ............................................................ 49 Section 8.01 Employee Performance Appraisal................................... 52 IX. Leaves of Absence ................................................... 53 Section 9.01 General Leave Policies ................................................. 53 Section 9.02 Administrative Leave ................................................... 54 Section 9.03 Annual Leave .............................................................. 54 Section 9.04 Bereavement Leave ..................................................... 57 Section 9.05 Compensatory Leave ................................................... 57 Section 9.06 Court Leave ................................................................ 58 Section 9.07 Donated Leave ............................................................ 59 Section 9.08 Family and Medical Leave ............................................. 60 Section 9.09 Leave for Voting .......................................................... 60 Section 9.10 Leave Without Pay (LWOP) ........................................... 61 Section 9.11 Maternity Leave .......................................................... 62 Section 9.12 Military Leave ............................................................. 62 Section 9.13 Military Family Leave ................................................... 63 Section 9.14 Political Candidacy Leave ............................................. 64 Section 9.15 Sabbatical Leave ......................................................... 65 Section 9.16 Sick Leave .................................................................. 67 Section 9.17 Study Leave ............................................................... 71 X. Employee Benefits ................................................... 74 Section 10.01 Medical - Hospital Insurance-Dental Insurance ................ 74 Section 10.02 Long-Term Disability Insurance ..................................... 76 Section 10.03 Government Employees Retirement System -GERS Disability Retirement ................................................................. 78 Section 10.04 Basic Life and AD&D Insurance ..................................... 79 Section 10.05 Supplemental Insurance............................................... 79 Page: 4 Section 10.06 Workers’ Compensation ............................................... 80 Section 10.07 Tuition Exchange Program ............................................ 81 Section 10.08 Tuition Remission Program ........................................... 81 Section 10.09 Professional Development ............................................ 82 Section 10.10 Moving and Relocation Allowance .................................. 83 Section 10.11 Government Employees Retirement System - GERS ........ 83 Section 10.12 TIAA-CREF – Teachers Insurance and Annuity Association/College Retirement Equities Fund ................. 85 Section 10.13 Group Supplemental Retirement Accounts (GSRA) .......... 87 Section 10.14 Loan Program ............................................................. 89 Section 10.15 Social Security ............................................................ 89 Section 10.16 Unused Annual and Sick Leave Payout ........................... 89 Section 10.17 Employee Assistance Program....................................... 89 XI. Travel Policy ............................................................ 91 Section 11.01 Travel Policy ............................................................... 91 Section 11.02 Vehicle Use ................................................................ 91 Section 11.03 Mileage Reimbursement ............................................... 91 XII. Services .................................................................. 92 Section 12.01 University Mail Handling Policy ...................................... 92 Section 12.02 Acceptable Use Policy .................................................. 92 Section 12.03 Employee Identification Cards ....................................... 92 XIII. Drug & Alcohol Abuse Policy ................................... 93 Section 13.01 Drug & Alcohol Abuse Policy ......................................... 93 XIV. Filling Vacancies...................................................... 94 Section 14.01 Filling Vacancies .......................................................... 94 Section 14.02 Job Vacancies Posting/Listing ........................................ 94 Section 14.03 Waiver of Posting ........................................................ 95 Section 14.04 Skills Testing of Job Seekers ......................................... 96 Page: 5 Section 14.05 Search Committees ..................................................... 97 Page: 6 II. Introduction Section 2.01 Mission Statement The University of the Virgin Islands is a learner-centered institution dedicated to the success of its students and committed to enhancing the lives of the people of the U.S. Virgin Islands and wider Caribbean through excellent teaching, innovative research and responsive community service. Section 2.02 Seven Management Values The seven management values enumerated are expected to serve as the framework within which we deliver programs and services as well as address challenges and embrace the opportunities. 1. High performance Institution with a focus on Quality (Time and quality are our greatest assets). 2. Service Oriented. (Recognize that our ultimate client is the student.) 3. Uncompromised Integrity (Our individual and collective integrity are never compromised.) 4. Informed decision making. (Decisions are made in a thoughtful, reflective, data- informed, and transparent manner). 5. Fiscal responsibility. (Care in the management and growth of resources). 6. Performance assessment. (Individual and Unit performance are regularly evaluated and assessed based on articulated goals and objectives and a system of rewards is established.) 7. Emotional and spiritual health. (The emotional and spiritual well-being of individuals is nurtured.) Page: 7 Section 2.03 Applicability This Human Resources Policy Manual outlines the rights of all employees of the University of the Virgin Islands. The Human Resources Policy Manual language will be interpreted consistently with the Faculty Policy Manual and all other University policies. Section 2.04 Human Resources Office’s Roles and Responsibilities The Human Resources Office’s responsibility is to fulfill the University of the Virgin Islands’ (“University”) overall mission ethically and in compliance with applicable laws, policies, regulations, and rules as an equal opportunity employer designation. Accordingly, the University is committed to hiring and retaining the highest qualified individuals and ensuring all employees are treated fairly and consistently in compliance with these policy and procedures. All administrators, faculty and staff of the University have a responsibility to support and enhance the mission of the University, to ensure it fulfills legal and equal employment obligation to internal and external stakeholders, to safeguard the University's financial, human, information and physical assets, and to faithfully honor all its obligations as a public trust. Page: 8 III. Staff Personnel Policies Section 3.01 Employee Rights; University’s Obligations; Anti-discrimination Policy; Affirmative Action Policy The University of the Virgin Islands is committed to assuring that its workplace is free from unlawful discrimination and harassment based upon race, ethnicity, sex, pregnancy, color, religion, national origin, physical or mental disability, age (40 and over), marital status, sexual orientation (including gender identity), status as a U.S. veteran (disabled, Vietnam or other), or any other status protected by University policy, local or federal law. The University of the Virgin Islands reaffirms and emphasizes its commitment to provide a professional working and learning environment that is fair and responsible; that supports and nurtures educational and employment growth on the basis of relevant factors, such as ability and performance; and that is free of unlawful discriminatory, inappropriate, and disrespectful conduct or communication. The University will not tolerate unlawful discrimination or harassment and is committed to preventing it or stopping it whenever it may occur at the University or in its programs. The policy applies to employees, students, visitors, applicants, or program participants at the University of the Virgin Islands. Respect is the foundation for interchange of ideas, for learning and for working toward common goals. Further, unlawful discrimination and harassment impede the realization of the University's vision of distinction in education, scholarship, and service, and diminish the whole community. Unlawful Discrimination The University of the Virgin Islands prohibits unlawful discrimination, which can include disparate treatment directed toward an individual, or group of individuals, based on race, ethnicity, sex, pregnancy, color, religion, national origin, physical or mental disability, age (40 and over), marital status, sexual orientation (including gender identity), status as a U.S Veteran (disabled, Vietnam, or other), or other protected class, that adversely affects an employee’s employment. Page: 9 Harassment The University of the Virgin Islands also prohibits harassment, which can be a form of unlawful discrimination, if it is unwelcome and is sufficiently severe or pervasive so as to substantially interfere with a person's work or education. Harassment may include, but is not limited to, threats, physical contact or violence, pranks, jokes, epithets, derogatory comments, vandalism, or verbal, or written conduct directed at an individual or individuals because of their race, ethnicity, sex, pregnancy, color, religion, national origin, physical or mental disability, age, marital status, sexual orientation (including gender identity), or U.S. veteran status. Even if actions are not directed at specific persons, a hostile environment may be created when the conduct is sufficiently severe, pervasive or persistent so as to unreasonably interfere with or limit the ability of an individual to work, study, or otherwise to participate in activities of the University. It is the University's goal to prevent the occurrence of unlawful discriminatory and harassing activity and to promptly stop such conduct when it occurs. While grounded in local or federal non-discrimination laws, this policy may cover those activities which, although not severe, persistent, or pervasive enough to meet the legal definition of harassment, are inappropriate and unjustified in an educational or work environment. A determination as to whether discrimination or harassment has occurred will be based upon the context in which the alleged conduct occurs. Retaliation Retaliation against an individual for making a complaint of unlawful discrimination or harassment, or for otherwise using or participating in the informal or formal complaint resolution process, is a violation of University policy and federal law. Any such action is cause for disciplinary action up to and including dismissal. Section 3.02 Americans with Disabilities Act Policy Discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, and compensation, job training and other terms, conditions and privileges of employment, is prohibited by the Americans with Disabilities Act (ADA). The University is committed to making reasonable accommodations for qualified individuals with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job in which they have been hired, or for which they have applied. The University recognizes responsibility for providing all disabled employees equal or equivalent access to all benefits of employment in an integrated setting that would Page: 10 be available to a similarly situated employee, unless doing so would pose an "undue hardship" upon the institution. The ADA applies to all employees regardless of employment classification: (1) To ensure compliance with the Americans With Disabilities Act, (2) To ensure that the employment and promotion system is free from discrimination based on disability, (3) To address reasonable accommodation requests and make appropriate decisions regarding undue hardship. Section 3.03 Child Labor Regulations It is the policy of the University to conform with existing local and federal laws and regulations regarding the employment of children. Children of certain ages are restricted from holding some jobs. A child under 14 years of age shall NOT be employed with or without compensation. Individuals between the ages of 14 and 16 must submit a "work permit" as issued by the appropriate school official and/or government agency. Individuals between the ages of 16 and 18 must submit a "certification of age" as issued by the appropriate school official and/or government agency, which will be verified by the University. Section 3.04 Conflict of Interest and Disclosure Policy The University recognizes that an employee may have an obligation to the University and an external entity which may restrict or impair the employee’s ability to perform. All University employees or those authorized to act on behalf of the University who engage in outside work-related activities will provide annual disclosures to the Human Resources Office in accordance with Virgin Islands law and federal regulations. The University Conflict of Interest and Disclosure Policy governs the disclosure and management of conflicts of interest relating to the primary responsibilities of University employees. Page: 11 Section 3.05 Consulting The University recognizes that appropriate consulting and other outside employment activities can be beneficial to the University, the U. S. Virgin Islands, and the Caribbean Region and to University personnel. All regular full-time University personnel are eligible to engage in consultancy activities unless the provisions of a specific contract states otherwise the consultancy would interfere or conflict with the employee’s responsibility to the University. Section 3.06 Diversity The University is committed to respecting human diversity and encourages the conduct, behavior, use of language and illustrations which create an environment of individual rights and the equal dignity and worth of all human beings. The use of demeaning language and illustrations, attitudes, assumptions and stereotypes or overlooking certain populations, other than for academic instruction or relevant training, is prohibited. All University personnel conduct, oral or written publications and communication, shall use language and illustrations that are inclusive and diverse. Every attempt should be made to comprehensively include all groups in the community. Whenever possible, selection of materials will also reflect efforts to uphold this University policy. Section 3.07 Employee Records The Human Resources Office is the University’s official custodian of personnel records and files. The official personnel files for all staff and faculty, including part-time and temporary personnel, shall include all original documents and will be maintained in the Human Resources Office. A working file may be maintained in a secured area of the department to which the employee is assigned. The working file shall contain only copies of documents relating to and supporting the employee’s position. Page: 12 Employees may review or request a copy of all or a portion of their personnel files upon submission of a written request to the Human Resources Office. Information contained in an employee’s personnel file shall not be disclosed without the employee’s written consent or an authorized release, except in cases where personnel records must be provided as required by law. Section 3.08 Intellectual Property The University seeks, as its primary mission, the intellectual development of its faculty, staff and students. The University shall disseminate pertinent rules of copyright and fair use of copyrighted material to University personnel. The University and its employees and students shall ensure the protection of artistic property rights in employment and performance contracts and in releases. The University maintains a strategic planning process, and the intellectual property policy shall be aligned with the current strategic plan and its implementation process. Section 3.09 Nepotism/Employment of Relatives Employment of an immediate family member in a position where his/her personal or familial interests could conflict with the interests of the University is prohibited. An employee shall not be placed in a position where he/she will fall under the direct supervision or jurisdiction of an immediate family member. This prohibition shall also apply to those persons who live in the same residence as the employee and maintain an intimate personal relationship with the employee. Immediate family member is defined to mean father, mother, son, daughter, brother, sister, uncle, aunt, cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepsister or stepbrother. "Employment" refers to any situation in which a University employee would be responsible for supervision of a relative's work, for the salary determination, promotion or demotion of a relative, or such duties or authority over a person who lives in the same residence and maintains an intimate personal relationship with the employee. Page: 13 Notwithstanding the paragraph above on Employee Records, personnel files may be requested and reviewed by the President, the employee’s component head, immediate manager or supervisor in matters of hiring, discipline and job performance. Section 3.10 Sexual Harassment The University of the Virgin Islands is committed to uncompromised integrity and to doing all within its power to ensure a working environment that is inclusive and respectful of diversity and which promotes intellectual growth and development, and supports the academic pursuits of faculty, students and staff. It is critically important that we create a safe and supportive environment for all students, employees and visitors. We must always be mindful of our responsibilities to others and ensure that there are clear guidelines for the resolution of concerns and complaints. Sexual harassment in the workplace is unacceptable and will not be tolerated in any form. It is our goal to build on the positive environment that exists at the University of the Virgin Islands and ensure that it remains a safe and inviting place to study, work and meet. This policy applies to all members of the University community in both on- and off- campus sponsored events and activities. Members of the University community are encouraged to promptly report observance of and/or complaints about sexual harassment, sexual misconduct, and unlawful sexual contact to any of the following: supervisor or manager; Title IX Coordinator; EEO Officer; Human Resources official; or other University administrator/official. Persons found to be in violation of this policy shall be subject to a transfer and may face disciplinary action which may include, but is not limited to written warning, demotion, suspension, expulsion, dismissal or termination. (See full Sexual Harassment Policy) Section 3.11 Termination of Employment The means by which an employee’s employment may terminate with the University are: voluntarily resignation, retirement, job abandonment, a reduction-in-force, non-issuance of a new contract, involuntary dismissal for disciplinary reasons or death. This policy applies to voluntary and involuntary separations. Voluntary Separations An employee may resign his or her position at any time by providing written notice to his or her Department Head. Page: 14 Regular full-time employees who wish to resign from the University in good standing are required to give a minimum of ten (10) working days’ notice. Profession, Administrative/Managerial and Executive employees are required to give a minimum of thirty (30) calendar days’ notice. Involuntary Separations Employees who fail to perform at acceptable standards, or who violate University policy may be terminated for cause. Non-probationary employees who are terminated under this provision are entitled to due process and may appeal their dismissal under the established procedural guidelines. (See Appeal Procedures) Non-Issuance of a Renewal Contract Upon the recommendation of the Department and Component Heads, the President may approve or disapprove the issuance of any employment contract. The non- issuance of a new contract (or non-renewal of a contract) shall not be considered a termination for cause and therefore, does not require that the employee be informed of a reason why a new contract is not being issued. In cases of non-issuance of contracts, not performance related, the University will provide at least 30 days’ notice for professional and non-exempt staff. Executive and Administrative categories will be provided with at least 60 days’ notice. Employment contracts may be renewed upon the department head and/or component head issuance of a favorable recommendation to the President (with the exception of tenured faculty members). However, employees have no entitlements, either expressed or implied, to continued employment beyond the end date stated in their current contracts. Reduction-In-Force A reduction-in-force may be necessary when a position, or group of positions, must be eliminated because of lack of work or funds. Employees who are separated in a reduction-in-force action may receive preference in rehiring should a position for which they are qualified opens within one year thereafter. Page: 15 Job Abandonment Employees who are absent from work for five (5) or more consecutive days without authorized leave will be considered as having voluntarily abandoned their jobs. The University will officially terminate the employee at the end of the fifth day of such unauthorized absence, except upon the employee’s showing of extraordinary circumstances, the acceptance of which extraordinary circumstance is in the sole discretion of the University. Employees who are terminated under such circumstances are not eligible to be rehired. Any and all accrued leave or earned compensatory time will be paid to such terminated employee, minus any financial obligations owed to the University. There is no right of appeal for an employee who is terminated due to job abandonment. Records of Appointment Expirations No person may be maintained as an employee of the University without a current Record of Appointment. Severance Pay Non-probationary employees involuntarily separated by the University for other than cause will be given a minimum of 30 days’ notice of termination. If less than 30 days’ notice is provided, at the discretion of the University and subject to the availability of funds, a severance payment may be given according to the schedule below. The severance pay schedule is as follows: Continuous Service Weeks of Pay One Year or Less 2 One+ Years 4 Two+ Years 6 Three+ Years 8 Four+ Years 10 Five+ Years 12 Page: 16 Section 3.12 Death of an Employee In the event of the death of an employee, his or her employment will be considered terminated as of the date of death. The Human Resources Office will process the terminal compensation for unpaid salaries as well as owed and accrued annual leave and any earned compensatory time, which shall complete the financial obligation of the University for all employees in the Professional or Non-exempt employment categories. The final financial obligations will be administered by the Director of Benefits for employees of the Executive, Faculty, and Administrative categories in accordance with applicable policies. Procedures in the Event of Death Realizing that the death of an employee brings certain hardships to the family, the University has provided this procedure to accomplish as quickly as possible those actions it believes are necessary at the time of death. Notification When an employee dies, it is the responsibility of the Department Head to obtain as much of the following information as possible and relay it immediately to the Human Resources Office: 1. Name of deceased 2. Date of death 3. Last day worked 4. Name and address of next of kin Upon receipt of this information from the Department Head, the Human Resources Office will initiate the appropriate termination processes, including the preparation and routing of a Termination Clearance Form, and preparation of payroll information documents. Settlement of Accounts The following payments are to be made to the next of kin where allowed by law: 1. Wage or salary through the payroll period in which death occurred, 2. Vacation earned but not taken through the date of death, 3. Any other amounts due the deceased employee Page: 17 When there is an administration of the employee’s estate, a short form of the court order certifying the appointment and a qualification of the executor or administrator of the estate must be obtained. In such cases, the payments listed above are to be made to the executor or administrator as required by law. Items of indebtedness to the University will be deducted from any monies due to the employee. Payment of Final Check Final payment shall be made to the next of kin upon presentation of the following documents: 1. A certified copy of the death certificate, 2. Evidence of relationship to the deceased, e.g. marriage certificate. In addition, the beneficiary shall be required to sign an affidavit declaring his or her relationship to the deceased. Upon receipt of the final Payroll Advice Form from the Human Resources Department, the Payroll Department shall process the final check made payable to the deceased. The final check will be released to the beneficiary upon presentation of the appropriate documentation. Death Benefit In the event of the death of an employee in the Executive, Administrative/Managerial, Teaching Faculty or Research Faculty employment category, the University will pay a death benefit amounting to three-fifths (3/5) of the employee’s annual base salary to his or her surviving spouse or legal heir. This payment will complete the financial obligations of the University under his or her contract. Page: 18 IV. General University Policies Section 4.01 University Property and Facilities University property, grounds and facilities, equipment and supplies are to be used primarily for University purposes of teaching, research and service. Employees must obtain proper authorization for personal use of University grounds, facilities, equipment or supplies. (See Acceptable Use Policy) Prior expressed permission of an authorized official of the University must be secured by an employee before making personal use of University property, grounds, facilities, or equipment is allowed. University property, grounds, facilities or equipment may not be loaned or borrowed for personal reasons. The abuse, misuse or misappropriation of University equipment and supplies can lead to disciplinary action, up to and including dismissal. University Stationary Use of University stationery and University-paid postage for unofficial purposes is prohibited and can lead to serious consequences. All such letters written on official stationery or non-University business items mailed at the University’s expense will be considered as a violation of this policy. University Keys Keys issued to an employee remain the property of the University. Under no circumstances are such keys to be duplicated or loaned to anyone. If additional keys, such as residence keys, are necessary, a proper request must be filed with the Physical Plant Department and a second set of keys will be issued at no cost. Loss of a key(s) could result in a charge to the employee. Section 4.02 Solicitation on Campus Authorized campus advertisements or notices are to be posted on designated bulletin boards. Private persons, groups or outside agents must obtain the express permission from the President (or his or her designee) to solicit on the campus of the University or via its technology facilities, or to post signs on the campus of the University. Employees should not engage in any personal solicitation using University property either while on or off duty. Page: 19 Duly authorized University representatives will be appointed to solicit contributions for community organizations (e.g. Red Cross, Boy Scouts and United Way) and other similar non-profit civic organizations. Employees are encouraged to contribute voluntarily to the organizations of their choice. Section 4.03 Political Activities University employees are prohibited from holding an elective public office in the local or federal government. University employees may not take an active part in a political campaign, or engage in soliciting contributions or services for, or publicly endorsing any candidate for any elected public office while on duty or during any period in which University compensation is received. (This does not prohibit employees from affiliating with or supporting a political party, voting for political candidates, expressing political views privately or attending political meetings in their personal capacities). No University property or identifiable resources should be used for the support of political activities. Political Leave requests for thirty (30) days or less must be approved by the Department Head. Political Leaves requests exceeding thirty (30) days must be approved by the Component Head and the President. Employees performing duties in connection with federally funded activities are prohibited under the Hatch Act from using official authority to influence elections or nominations for public office, from soliciting others to make political contributions and from participating actively in political management and campaigns. Section 4.04 Outside Employment The University is considered as the primary employer for regular, full-time employment. No employee shall engage in any paid employment which interferes with the efficient performance of his or her duties or which presents a conflict of interest to his or her employment with the University. Hiring, retaining, and fully utilizing qualified personnel is a high priority for the University. Therefore, it is essential that each employee be present, effective and completely committed to his or her assigned roles and responsibilities. Outside employment by any employee of the University should not compromise the overall effectiveness of the University in providing an optimal educational experience for students or providing services to its clients. Page: 20 Section 4.05 Gifts and Gratuities Gifts and gratuities to employees from any entity or person with whom the University has an official relationship shall be a breach of ethical standards. Offers in the form of a gratuity of any kind, to employees of the University are prohibited, except nominal gifts with a market value of $20.00 or less, aggregating to no more than $50.00 per year. Decisions made at and for the best interests of those in the University community should be made free of undue influence. (See Financial Policies) Gifts, in this context, will be interpreted to include, but are not limited to: rendering of money, property, services, discount, loan forgiveness, payment of indebtedness, or anything else of value in return for which legal consideration of equal or greater value is not given and received. All employees should guard against relationships which might be construed as evidence of favoritism, coercion, unfair advantage or collusion. Section 4.06 Smoking Smoking is not permitted in any facility of the University, including administrative offices, faculty offices, classrooms, residence halls, indoor facilities, indoor and outdoor theatres, laboratories or vehicles. Smoking is permitted beyond a minimum 20-foot perimeter of any University facilities. Employees who violate this policy are subject to disciplinary action. Section 4.07 Possession of Firearms/Weapons The University of the Virgin Islands is committed to maintaining an environment that is free of violence. This obligation includes eliminating recognized hazards from the campus community that contribute to violence or serious harm. The possession, wearing, carrying, transporting, or use of a firearm, ammunition or other dangerous weapon is strictly forbidden on University owned or controlled premises or vehicles except by authorized to sworn peace officers of the University [as defined in V. I. Code] and by local or federal law enforcement officers. This prohibition also extends to any person who may have acquired a government-issued permit or license to carry a weapon or firearm except as outlined in the policy. Page: 21 The University recognizes an Officer may, but is not required, to carry a firearm while off duty. Sworn peace officers who desire to carry a firearm off-duty while on campus shall conceal the firearm when in plain clothes; if in uniform the badge must be prominently displayed. If requested by the University, the sworn peace officers must provide proof of permission by the Commissioner or his designee to carry a personal firearm off-duty. A safe and secure environment for employees is a fundamental requirement for fulfilling the University’s mission of teaching, research, and public service. Violation of this policy will result in disciplinary action up to and including dismissal from employment. Section 4.08 Membership in Organizations Memberships in professional organizations that are deemed related to an employee’s scope of responsibilities are often beneficial and sometimes necessary for job performance. Funding for such memberships will be provided at the discretion of the supervisor, manager or component head. The University understands the importance of growth and development of its employees as it relates to the individual’s role and scope of responsibility. As such, the University recognizes that membership in professional organizations may contribute to the overall improvement of the University. Section 4.09 Volunteer and Community Activities The University encourages faculty and staff to contribute to the well-being of the community whenever feasible especially in cases in which services are rendered in accordance with approved University outreach activities. When appropriate, an employee may be appointed in some capacity to represent the University. Employees are prohibited from engaging in, accepting employment or rendering services, whether paid or unpaid, which are in conflict with his or her official duties as employees of the University. Volunteers who are engaged in University-sponsored activities must complete the Release and Waiver of Liability form prior to the event. (See Procedures for Use of Liability Release Form and Release and Waiver Liability Form) Employees must be specifically appointed by an authorized official of the University to act as a representative or agent of the University. Page: 22 Any employee found to be in violation of this policy will be asked to terminate his or her affiliation with the organization or activity immediately. Failure to do so could result in disciplinary action on the employee up to and including suspension. Section 4.10 Financial Obligations An employee’s designated role and scope of responsibility shall determine the level of liability, purchase commitment, or expense incurred on behalf of the University in accordance with the Administration and Finance Financial Policies (See Financial Policies). Employees who incur such obligations without proper prior authorization may be held personally liable for the expense. Any employee found to be in violation of this provision of this provision of the policy may be subject to disciplinary action up to and including dismissal and possible legal action. The University establishes fiscal roles and responsibilities to ensure guidance regarding the framework within which employees’ financial responsibility is exercised. Section 4.11 Conduct As a publicly funded institution of higher learning, University employees hold positions of public trust. While employee conduct off campus is not governed by the University, employees are reminded that they still represent the University and their actions and conduct will reflect on the University. Section 4.12 Children in the Workplace This policy applies to all employees regardless of their employment category in order to safeguard against injury to minor children on campus and to discourage the distraction caused by having minor children around the workplace and classrooms. Because of the potential for injury or other harm to come to minor children and because of the general disruption which can occur as a result of their presence on campus, University employees are discouraged from bringing minor children on campus during the employee’s work hours. Any employee who brings a minor child on campus or to a University-sponsored event, at which the employee is working, shall indemnify and hold the University harmless from any injury to that minor child. Page: 23 Section 4.13 Behavior in the Workplace The conduct of University employees is expected to be above reproach at all times. Loud or disruptive behavior, horseplay, fighting, or the use of profane or insubordinate language is inappropriate in the workplace and may lead to disciplinary action. Section 4.14 Personal Appearance Employees of the University are expected to present a professional appearance while in the work place. This policy applies to all University employees regardless of their employment category. Uniforms Some employees may be required to wear uniforms or other protective clothing, equipment and gear which is required for their protection. Employees who are provided with such items are required to wear them. Proper decorum and attention to personal appearance can contribute to an appropriate model for students as they “transition” into the professional world. Section 4.15 Essential Personnel The University recognizes that there are certain essential functions and services which must be carried out as part of its plans for response to emergencies. These plans may be implemented in regard to any department or employee depending on the circumstances involved to ensure that essential functions and activities are carried out during the occurrences of crises and disasters or periods when the University is not open for business. This may require employees to report for duty on week-ends, holidays, and during recesses, administrative leave days and emergency closings declared by the President. These services include, but are not limited to, security coverage, communications, information technology, plant maintenance and operations, payroll, utilities, food services, human resources, student health services and student housing or any other services designated by the President. (See Emergency Response Plan) Page: 24 Certain employees working in these essential areas may be required to report to work during the business recovery of the University’s operations or the above mentioned times when the University is not open for business. The President has the authority to designate any department or employee as essential during an emergency. During the preparedness and response phases of a disaster, essential and designated employees will be given special compensation. (See Emergency Compensation Procedures) Section 4.16 Disaster Preparedness and Recovery Policy During the preparedness, response or recovery phases of a disaster, essential and designated employees will perform needed critical functions. (See University Disaster Preparedness and Recovery Plan) This policy will guide the University in the disaster preparedness and recovery processes through the utilization of identified critical functions and the individuals who perform designated critical functions. These individuals will be referred to as essential personnel. (See Emergency Compensation Procedures) The designated categories referenced in this policy apply to all employees on regular Record of Appointments. Section 4.17 Emergency Compensation The University may grant special compensation to essential or designated categories of employees for authorized work performed under the following conditions during periods of disaster preparedness and response activities:  Authorized work performed outside of normal working hours for preparedness.  Authorized work performed during periods of disaster leave authorized by order of the President. Page: 25 V. Discipline, Grievance and Appeal Processes Section 5.01 Progressive Discipline Progressive discipline is a process in which disciplinary action is taken in steps of increasing severity. The University advocates progressive discipline when appropriate. The action taken will depend on the degree and the circumstances of the violation and, if a suspension is imposed, it may be with or without pay. An employee who fails to adequately perform assigned duties or who violates established policies will be subject to disciplinary action. The President may take immediate action to suspend an employee with pay pending an investigation of the charges brought against an employee. Managers may recommend, but may not authorize or take, action to suspend without the President’s prior approval. Causes of Actions Some of the causes of disciplinary actions are listed below. (See Causes of Actions Chart) Disciplinary action may be taken on any of the following offenses, but is not limited to the offenses listed: 1. Chronic tardiness or absenteeism, 2. Negligence in performing assigned duties, including careless or substandard workmanship resulting in waste, spoilage or delay, 3. Inefficiency in performing assigned duties, 4. Failure to perform assigned duties, 5. Insubordination, 6. Misconduct or dishonesty, 7. Conduct reflecting discredit on the University or one of its department, 8. Failure to report to work without justifiable cause, 9. Political activity that is prohibited by University policy, Page: 26 10. Misuse or misappropriation of University property or funds, 11. Unauthorized posting of material on the University bulletin boards or any other place within the facilities of the University, or defacing or unauthorized removal of notices from University bulletin boards, 12. Leaving the workplace location during work shift without authorization, 13. Failure to adhere to departmental regulations (e.g., punching time clock, obtaining appropriate leave approvals, etc.), 14. Use of profane or obscene language, 15. Violation of safety rules and practices, 16. Gambling or possession of gambling devices on University property, 17. Sleeping or giving the impression of sleeping during working hours, 18. Falsifying or altering time cards or timekeeping records, including punching another employee's time card or entering false electronic data, 19. Falsifying University records, reports, or any official University document, 20. Reporting to work while under the influence of alcoholic beverages, or controlled substances; possession, use or abuse of these or other substances on University or University-controlled property, 21. Immoral conduct or indecency, 22. Fighting, assault, attempted assault, or threatening anyone on University property or at University sponsored events or activities, 23. Conviction in any criminal court of a felony, 24. Theft of employee or University property, or theft of any property of any third party while on University premises or any property controlled by the University, 25. Unauthorized possession of weapons or explosives on University property or any property controlled by the University, 26. Falsification of employment application, Page: 27 27. Any other conduct or behavior which is inconsistent with University policies and procedures. A. Types of Disciplinary Actions Disciplinary actions fall into two general categories: reprimands and adverse actions. 1. Reprimands: The formal means of communicating to the employee a warning that a problem exists and that it must be corrected. There are two (2) degrees of formality, the Oral Reprimand and the Written Reprimand. a. Oral Reprimand: A verbal explanation by a supervisor to an employee, that he or she is being reprimanded. The supervisor should explain the problem and what must be done to correct it. In most cases, no formal record of the reprimand is appended to the employee's personnel file. The supervisor must keep a record of the oral warning. Oral reprimands should be done in the presence of a third party witness at the management level. b. Written Reprimand: A written statement describing the problem and delineating a plan for corrective action. If the employee is at work, the written statement will be given to the employee in a private meeting. If it is necessary to deliver the reprimand to the employee outside of the workplace, it must be sent by certified mail. A copy of the written reprimand will be placed in the employee's personnel file. Employees who receive 3 written reprimands (for the same or different offenses) during a fiscal year will be subject to dismissal. 2. Adverse Actions: An action taken by the supervisor or department head, for cause, that results in suspension with or without pay, demotion, or dismissal, with the approval of the President. a. Suspension without Pay - An employee may be suspended without pay for a violation of a policy governing performance and conduct. The suspension without pay shall not exceed thirty (30) days. b. Disciplinary Demotion - An employee may be demoted from one pay grade to a lower grade for disciplinary reasons, if a lower position is open and if the employee is qualified to perform the work at the lower position. A disciplinary demotion must include a decrease in salary. Decrease in pay due to demotion must be no less than 3% of current pay and no more than 21% of current pay. Recommendation for a decrease of more than 21% must be authorized by the President. Page: 28 c. Dismissal - An employee may be dismissed when: 1) when progressive disciplinary actions have failed to correct the problem; 2) when the nature of the employee’s infraction warrants such actions; or 3) it is necessary to remove the employee from the work place permanently. B. Guidelines for Disciplinary Action When disciplinary action becomes appropriate, the University follows progressive discipline procedures whenever possible. The level of disciplinary action may vary according to the specific circumstances involved. Step One: Verbal Warning Step Two: Written Warning Step Three: Adverse Action Step Four: Termination The following chart of specific actions and the associated level of discipline serves as a guide (not meant to be exhaustive) for those making decisions about appropriate disciplinary action. OFFENSE STEP ONE STEP TWO STEP THREE STEP FOUR 1. Chronic tardiness or absenteeism X X X X 2. Negligence in performing assigned duties including careless or substandard workmanship resulting in waste, spoilage or delay X X X X 3. Inefficiency in performing assigned duties X X X X 4. Failure to perform assigned duties X X X X 5. Insubordination X X 6. Misconduct or dishonesty X X X 7. Conduct reflecting discredit on the University or one of its Department X X X X 8. Failure to report to work without justifiable cause X X X X Page: 29 9. Political activity that is prohibited by University policy X X X X 10. Misuse or misappropriation of University property or funds X X X 11. Unauthorized posting of material on the University bulletin boards or any other place within the facilities of the University, or defacing or unauthorized removal of notices from University bulletin boards X X X X 12. Leaving the workplace location during work shift without authorization X X X X 13. Failure to adhere to departmental regulations (e.g., punching time clock, obtaining appropriate leave approval; etc.) X X X X 14. Use of profane or obscene language X X X X 15. Violation of safety rules and practices X X X X 16. Gambling or possession of gambling devices on University property X X X 17. Sleeping or giving the impression of sleeping during work hours X X 18. Falsifying or altering time cards, or timekeeping records, including punching another employee’s time card or entering false electronic data X X 19. Falsifying University records, reports, or any official University document X X 20. Reporting to work while under the influence of alcoholic beverages, or controlled substances, or possession or use of these on University or University-controlled property X X 21. Immoral conduct or indecency X X 22. Fighting, assault, attempted assault, or threatening anyone on University property or at University sponsored events or activities X X 23. Conviction in any criminal court of a felony X X 24. Theft of employee or University property or theft of any property of any third party while on University premises or any property controlled by X X Page: 30 the University 25. Unauthorized possession of weapons or explosives on University or University-controlled property X X 26. Falsification of employment application X X 27. Any other conduct or behavior which is inconsistent with University policies or procedures X X X X Section 5.02 Grievance The University recognizes the rights of employees to file legitimate complaints about grievable actions or conditions, and will act expeditiously to address those complaints. It is expected that all parties will make a good faith effort to resolve problems quickly and fairly at the departmental level. Employees may file valid grievances without fear of reprisal, coercion, or unlawful discrimination. Any employee that believes he or she is the victim of a reprisal for filing an action should report the circumstances, preferably in writing, to the Director of Human Resources immediately. Teaching faculty should refer to the Grievance Policy in the Faculty Policy Manual. The Human Resources Office will offer counseling, policy clarification, and other assistance at any step in the grievance process. The Director of Human Resources will ensure that proper procedures are followed and that documentation occurs at each step. All non-probationary employees holding regular appointments may file formal grievances. Probationary employees who believe they have been unlawfully discriminated against because of race, sex, age, religion, national origin or disability, may file grievances solely on that basis. A grievance is a claim initiated by an employee alleging: 1. That his or her working conditions, or ability to perform his or her job has been adversely affected by unfair treatment, 2. Unsafe or unhealthy working conditions, 3. Erroneous or capricious application of University policies and procedures, or 4. Unlawful discrimination. Page: 31 The following issues are not grievable or appealable under this grievance policy: 1. Dissatisfaction with classification and compensation including salary adjustment; 2. Layoff due to reduction in work-force arising out of institutional reorganization or for financial exigency; 3. Failure to grant a promotion due to unavailability of funds; 4. Performance-based salary increase or salary determination dictated by law or prescribed by Human Resources policy. Section 5.03 Appeal Process All non-probationary employees holding a regular appointment may file formal appeals to protest a disciplinary suspension, disciplinary demotion, or termination for cause. Probationary employees who believe they have been unlawfully discriminated against because of race, sex, age, religion, national origin or disability, may file appeals solely on that basis. Freedom from Reprisal or Retaliation Employees may file valid appeals without fear of reprisal, retaliation, coercion, or unlawful discrimination. An appeal is a claim initiated by an employee alleging that an adverse action taken by the University is based upon: 1. Unfair or biased treatment; 2. Erroneous or capricious application of University policies and procedures, or 3. Unlawful discrimination. Appeals will be heard by the Personnel Review Committee during the Academic Year (August through May) when the University is open for normal operation. The Personnel Review Committee will consist of seven (7) members appointed to a two- year term by the President. Page: 32 Section 5.04 Mediation The Mediation Program provides an alternative non-binding approach to dispute resolution that is generally accepted in progressive organizations including educational institutions. It is designed as an avenue for conflict resolution that is not intended to and does not replace the established University grievance policy and procedures. (See Mediation Policy) Non-appealable issues can be addressed through mediation. Page: 33 VI. Time and Attendance Section 6.01 Office Hours Employees are expected to adhere to established schedules during the hours and the established work week as required by the University. Work Week The University has established a seven day work week. The work week begins at 12:00 a.m. Monday and ends at 11:59 p.m. on Sunday. Hours of Work Hours may vary from job to job and department to department based on employee classifications as outlined below. 4. Salaried Employees Those employees serving in positions classified as salaried positions, whether on a full-time or temporary basis, will be subject to a minimum work week of thirty-five (35) hours, unless otherwise stated as a condition of employment. 5. Hourly Employees Those employees serving in positions classified as hourly positions, whether on a full-time or temporary basis, will be subject to a minimum work week of forty (40) hours, unless otherwise stated as a condition of employment. Meal Breaks University employees are entitled to a one hour meal break. The lunch meal break should be taken as close to the middle of the work day or work shift as possible and will normally be taken between the hours of 12:00 noon and 2:00 p.m. These hours may vary according to the needs of individual departments. It is up to the discretion of the Department Head to designate meal breaks within his or her department to insure that administrative services are not interrupted and that proper office coverage is maintained. Meal breaks for departments with shift or evening work schedules may vary according to the needs of the department. Generally, employees should not work more than five (5) hours before taking a meal break. Page: 34 Meal breaks are not to be taken during the first or last hour of the work day. Relief Breaks The University allows a fifteen (15) minute relief break in the morning and one in the afternoon. Relief breaks will be granted at the discretion of the supervisor to allow for the coverage of essential areas. Breaks are not intended for employees to leave the premises to conduct personal business. Relief break periods may not be used to off-set late arrivals or to leave work early, to extend meal breaks or to accumulate paid time off from one day to another. Relief break periods are not to be taken during the first or last working hours of the day’s schedule. Section 6.02 Attendance and Time Reporting As a basic condition of employment, employees are expected to work according to the hours and days set forth by their department. A policy exists for an employee to apply for absences from work, subject to proper approval, if such time away is necessary. Abuse of approved leave is considered an infraction of the rules and is subject to disciplinary action. This policy covers all University employees as it pertains to their designated classification. Punctuality is considered to be a basic condition of employment. It is the responsibility of employees to be at their duty stations, ready to begin work, at the beginning of the work day or shift and return promptly after the meal period. Arrival to work any time after the beginning of the scheduled work day or shift is considered late or tardy. Disciplinary action may be taken for abuse of time responsibility (i.e. frequent lateness). Employees who are delayed reporting to work due to an emergency are expected to contact their supervisor or department head within half an hour of their reporting time to report their expected tardiness. Excessive lateness or tardiness may be grounds for disciplinary action and possible dismissal. Docking of Pay Employees who are late in reporting to work or reporting back from the meal break are subject to having their pay docked. Making up Time At the Manager/Supervisor’s discretion and approval, an employee who reports to work late may make up the time on the same day or within the same payroll period. Page: 35 Absenteeism Employees are required to report all absences from work. Timely notification means calling in on the day of absence or as soon as possible or providing advance notice for absences which can be anticipated. An absence may be deemed unexcused when an employee fails to call in, gives a late notice, fails to give advance notice for an absence which could be anticipated, exceeds the length of absences as defined by policy or authorized in advance by the Supervisor or Department Head. Unexcused absences, excessive absenteeism, or a pattern of unexcused absences are subject to disciplinary action. Excessive absenteeism is defined as three or more instances of unexcused absences within a calendar month. A pattern is defined as similar days, days taken before or after a holiday or weekends or after reprimand or disciplinary action. If an employee is absent for three or more days without prior notice or approval, such absence may lead to job abandonment procedures being implemented on the fifth day. Time Reporting All non-exempt employees, (e.g., Regular, Temporary, and Student appointments) must record the time at which they arrive at, or leave, the workplace, including leaving and returning during meal break times. The time recorded must accurately reflect the time that employees actually report to and leave the workplace each day. Each employee is required to personally complete and sign his or her own record of attendance. Employees in employment categories that are exempt from the provisions of the Fair Labor Standards Act are not required by the University to submit time sheets. Time Clocks Where applicable, employees may be required to punch a time clock to record their attendance each day. Each employee is required to personally punch his or her own time card. Failure to punch in or punch out at the assigned clock location or to follow clocking instructions may result in time being docked. Employees are specifically prohibited from punching one another's time cards. Page: 36 Failure to follow established attendance reporting procedures will result in disciplinary action including suspension or dismissal. Falsifying attendance records, refusing to punch a time clock or punching in or out for another employee are infractions of this policy and are subject to disciplinary action, up to and including suspension and dismissal. Monitoring Compliance Department Heads are responsible for monitoring compliance with attendance and time reporting policies within their respective departments. Web Time Entry All Department Heads are required to authorize and submit to the Payroll Department an account for time worked or leave taken for each employee. Time entry for individual employees for each payroll period is the responsibility of each department’s designated timekeeper. The Department Head has final approval of the timekeeper’s submission as certification that the hours recorded accurately reflect the time earned and taken by the individual employees. Regular time worked, compensatory time earned and absences, such as annual, sick, administrative or leaves without pay, should be recorded on the authorized documentation and the originals forwarded to Human Resources Office for retention. Preparation and Processing of Paychecks Time must be submitted and authorized at the end of each pay period. Failure to submit time accurately and properly, or not authorizing time in Web Time Entry, may result in a delay in the release of payroll checks. Excessive failures to report time accurately may lead to disciplinary action up to and including dismissal. Section 6.03 Exempt Employees Exempt (non-hourly) employees as defined under the Fair Labor Standards Act (FLSA) include the following categories:  Executive  Administrative  Professional (includes Teaching) Page: 37  Outside Sales  Computer Employees in the above categories are in most instances, exempt from the overtime and compensatory time provisions of the Fair Labor Standards Act. As such, they are not eligible for additional compensation for hours worked in excess of the regular work day. Employees in employment categories that are exempt from the provisions of the Fair Labor Standards Act are not required by the University to submit a time sheet. However, they must account for all time not on the job during working hours. An Application for Leave form should be submitted if the time away from the job exceeds 4 hours in any one day. Exempt employees who are required to work authorized hours that are in excess of the normal work day may be granted informal leave by their Department Head. At the discretion of the Department Head, some exempt employees may be required to submit time and attendance records at the departmental level. Section 6.04 Non-Exempt Employees Non-Exempt categories of employment as covered under the Fair Labor Standards Act (FLSA) include the following:  TECHNICAL/PARAPROFESSIONAL OFFICE/CLERICAL  CRAFT/TRADE  SERVICE  HOURLY (REGULAR AND TEMPORARY) Employees in the above stated categories will be eligible for overtime or compensatory time as defined in the OVERTIME and COMPENSATORY TIME sections of these policies. Employees in the above stated non-exempt categories are entitled to the overtime and compensatory time provisions of the FLSA. As such, they are eligible for additional compensation for hours worked in excess of the regular work day. Page: 38 Employees in employment categories that are non-exempt are required by the University under the provisions of the FLSA to submit a time sheet; all time worked on the job during working hours must be accounted for. An Application For Leave form must be submitted for any time away from the job. Non-exempt employees who are required to work more than eight (8) hours in any work day or forty (40) hours in any work week (as defined in Section 6.01) will be given overtime pay. Section 6.05 Overtime All non-exempt hourly employees, including those on temporary appointments, are eligible for overtime pay. Rate of Pay Non-exempt hourly employees will be paid at the rate of one and one-half times the normal rate for all hours worked in excess of forty (40) hours in a work week as defined in Section 6.01 above, or in excess of eight (8) hours in a day. Work on Sundays Non-exempt employees, whose regularly scheduled work week is between Monday and Saturday, are entitled to compensation at twice their normal rate of pay for each hour worked on Sunday or for the seventh consecutive workday. This policy does not apply to shift personnel or to those employees whose work schedules include Sunday as a regular work day for that week, or to temporary employees who are called to work on an "as needed" basis. Work on Holidays Non-exempt employees are entitled to compensation at twice their normal rate of pay for each hour worked on an official University Holiday. This policy does not apply to administrative leave days or time off granted at the discretion of the President. Authorization The Department Head must authorize all overtime prior to work being performed. Employees are prohibited from performing overtime without prior consent from their Department Head. Page: 39 Under no circumstances may a non-exempt employee donate work time to the University. Standby Pay (On-call Compensation) A workday shall constitute eight (8) hours for hourly staff and seven (7) for salaried staff. The University shall have the right to order standby time of particular employees within specific departments. Such standby time shall be approved by the Component Head or designee and shall be for one (1) hour. If there is no standby, there is no standby pay. Examples of areas where standby or on-call arrangements are commonly employed are: Health Services, Physical Plant and Information and Technology Services. At the conclusion of that hour, the employee may be required to standby for one additional hour. If the standby order is established, and the employee is not put to work, he or she shall receive one or two hours of standby pay at the employee straight time rate or hourly rate, whichever is applicable. Standby time will be paid only if the employee does not work at the assigned post. If called in, the employee will be paid at the regular or prevailing overtime rate as applicable. Section 6.06 Compensatory Time All salaried Non-Exempt Staff are eligible to earn compensatory time. Rate of Accrual Non-Exempt, salaried employees will be compensated for hours worked in excess of the normal work week with accrued compensatory time. Compensatory time will accrue on an hour-for-hour basis for hours worked in excess of the thirty-five (35) hour work week, up to and including forty (40) hours. Compensatory time will accrue at the rate of one and a half (1.5) times the number of hours worked in excess of forty (40) hours per week or eight (8) hours per day. Page: 40 Maximum Accrual In accordance with Fair Labor Standards Act regulations, employees may not accrue Compensatory Time in excess of 240 hours. Employees who have accrued the maximum amount of Compensatory Time allowed must take time off in lieu of earning Compensatory Time. Such time off must be taken within the pay period or the pay period immediately following, in which the excess hours worked occurred. Hourly Employees Hourly employees are not eligible for compensatory time and will be compensated for hours worked in excess of the normal work week with overtime pay. Section 6.07 Holidays Regular full-time employees of the University are eligible to be paid for time off for officially recognized holidays. This policy applies to all employees with the exception of those essential personnel whose terms and conditions of employment include regularly scheduled work on holidays. Official Holidays The following are the official holidays recognized by the University:  NEW YEAR'S DAY  THREE KING'S DAY  MARTIN LUTHER KING, JR. DAY  GOOD FRIDAY  CARNIVAL FRIDAY  MEMORIAL DAY  V.I. EMANCIPATION DAY  INDEPENDENCE DAY  LABOR DAY Page: 41  LIBERTY DAY (D. HAMILTON JACKSON DAY)  VETERAN'S DAY  THANKSGIVING DAY  FORTSBERG/DISCOVERY DAY  CHRISTMAS DAY Observation When a holiday recognized by the University falls on Saturday, the University will observe the holiday on the preceding Friday. If the holiday falls on Sunday, the holiday will be observed following Monday. If consecutive holidays fall in a Sunday/Monday sequence, the Sunday holiday will be observed on the immediately following Monday and the Monday holiday will be observed on the immediately following Tuesday. Annual Schedule The annual schedule of holidays, which includes specific dates, will be prepared by the Human Resources Director and approved by the President. After Presidential approval, the Human Resources Director will distribute the schedule to employees. Payment for Holidays To be paid for a University recognized holiday, an employee must be on the job the entire workday preceding and the entire workday following the holiday. Employees on approved leave with pay will be paid for holidays falling within such approved leave periods. In those special cases where the President grants administrative leave for any reasons, employees on paid leave will not have their leave reimbursed for such time. Holidays on Regular Days Off When a recognized holiday falls on an employee’s regular day off, the employee shall be entitled to schedule an alternate day off in lieu of that day. The alternate day must be approved by the Department Head and is to be used in the current pay period or the pay period immediately following. Under no circumstances will an employee receive additional compensation for holidays not worked. Page: 42 Work on Holidays Any hourly employee who is required to work on an officially recognized University holiday is eligible for holiday compensation at two times their regular rate of pay, in the form of overtime or compensatory time, depending upon his or her employment classification. (See Overtime or Compensatory Time) Observance of Religious Holidays The University recognizes that some employees may observe religious holidays other than those designated by the University. Employees will be allowed to use accrued leave to observe holidays significant to their personal religion. Section 6.08 Flextime Flextime allows an employee to alter his or her work hours to choose ‘core hours’ within a limit established by the University or department. Flextime requests will be given consideration in conjunction with necessary staffing and department operational needs. To be eligible, employees must be employed full time at the University and have successfully completed their probationary period in the current primary classification. Employees are expected to be at work during their normal work hours unless approval is granted for a flexible work schedule. This policy is not applicable to shift employees (e.g., Security). Work Week The University has operations seven days a week. Normal business hours are primarily 8:30 a.m. to 4:30 p.m., Monday through Friday with exceptions for academic and shift operations. Security operates on three shifts, 24 hours a day, seven days a week. A Flextime work week is an authorized, pre-determined, designated work schedule with time of arrival and departure that differs from the normal work hours by:  not more than two hours arrival time  a compressed work week (e.g., four 10-hour days [4/10’s] or nine 9-hour days in a 10-day work week [9/80’s]). Page: 43 Employees must first discuss possible Flextime arrangements with the immediate supervisor and then submit a written request using the Flextime Request Form. Flextime requests will be considered on a case-by-case basis. Approval must be received in advance through departmental Supervisors or Managers to the Component Head. Approved Flextime Request will be in effect for the fiscal year ending September 30. New and continuing requests will be reviewed prior to the beginning of each fiscal year. The University reserves the right to suspend or cancel any Flextime arrangement due to business necessity. An employee requesting cancellation of a previously approved Flextime arrangement must do so in writing. In both circumstances, advance notice should be given if circumstances permit. Non-exempt employees may be asked to work overtime regardless of a flextime schedule year. Final approval and arrangements for situations covered by this policy are at the discretion of management, and may not be grieved. Exempt employees are not covered by the overtime and record keeping (i.e. timesheet) requirements of the Fair Labor Standards Act. Therefore, flexibility in work scheduling is inherent. Even though the law allows this latitude, exempt staff members still need to discuss specific scheduling arrangements with their supervisors and obtain approval. Note: In certain instances, Family and Medical Leave is a more appropriate option than Flextime or job sharing. All Flextime arrangements must conform to the overtime, recordkeeping, and meal break provisions of the Fair Labor Standards Act and the local labor law, respectively, for employees covered by those provisions. Final approval and arrangements for Flextime situations are at the discretion of management. To ensure that management and staff have a mutual understanding of the specifics of the Flextime schedule, it must be put in writing and a copy forwarded to Human Resources for the employee’s personnel file. Any modifications in the schedule may be made only with the prior consent of management. Core Time Department needs may require that employees be present or accessible during a certain core period or hours each work day, peak workload periods, or particular days of the week. Page: 44 Leave Time Usage – Flextime An employee on a Flextime schedule who is granted paid leave time, such as vacation or sick leave, will deduct the scheduled number of hours to have been worked on the day(s) off. Flextime Holiday Pay Holiday hours will be calculated equal to 1/5 of an employee’s standard total workweek hours. Discontinuation If the Flextime arrangement becomes unfeasible at any time, it may be discontinued at the discretion of either the employee or management, with reasonable notice thereof. Page: 45 VII. Classification and Pay The primary purpose of the classification and pay system is to ensure equal pay for equal work. The factors used to determine the classification of a position are the duties performed and the level of responsibility assigned to the position. The classification of a position determines the salary grade to which it is assigned. The step placement within the grade level should be associated with the actual number of years of directly related work experience for initial placement. In a merit pay system, step advancement is used to recognize and reward performance. The University will maintain a classification system which applies to all approved classified positions, whether temporary or regular. Section 7.01 Classification, Position and Job Descriptions Classification is a position or group of positions that have similar duties and responsibilities, require like qualifications, and can be equitably compensated by the same salary range. Classification Title is the official designation or name given to the written job classification. It shall be used on all personnel records and actions. Working or office titles may be used for purposes of internal operations but in no way change the classification title. Position title is the official designated title of a group assigned duties and responsibilities requiring the full or part-time employment of one person. A position may be occupied or vacant. Job Description is a written narrative of the specific departmental duties and responsibilities which the full-time or part-time personnel will perform. Approval Authority The approval of the President is required for the addition of new positions to the classification plan. New classifications and/or positions must be created in conjunction with the Human Resources Office and submitted to the President for approval. Filling a vacant position must have final approval by the Component Head. Page: 46 Eliminating a budgeted or authorized position must have final approval by the Component Head. Changes in approved classifications and/or positions must be reviewed by the Human Resources Office prior to being submitted to the Component Head for approval. A job may be reclassified to an existing job classification, or when a new job classification needs to be created. If a new job classification is created, an evaluation will be performed and reviewed by the Human Resources Office and submitted to the President for approval. Section 7.02 Pay Plan The University recognizes that it is necessary to recruit and retain highly qualified employees to further the goals of the University. Internal equity will be maintained through a validated system of job review and evaluation. The University will maintain external equity when compared to salaries in comparable labor markets through periodic market studies. Compensation must be one of the factors motivating employees to seek and accept promotional opportunities and additional responsibilities. Unless otherwise specifically noted, this section of the policy applies to employees in all designated positions -- regular, temporary, full-time and part-time. The Salary Schedule is a listing of all designated classification ranges, grades and steps. This Schedule will be reviewed and aligned with current labor market trends through periodic market studies. Salary Changes Performance based increases are to compensate employees who have notable experience and are consistently effective within their position at a pre-designated percentage base or step. All performance based (merit) increases or reductions are at the discretion of the President, based upon available financial resources and other criteria. Reclassification Reclassifications should occur whenever there are significant changes in the duties and responsibilities associated with the position. The incumbent will be retained in the position if the qualifications are met for the reclassified position. Page: 47 When required individual performance accomplishments, competencies and departmental objectives change thereby resulting in a substantial increase in the complexity or breadth of an employee’s responsibilities, a base pay increase of at least 3% over the employee’s previous salary may be awarded to the employee. New Hire Salary Level Determination As a general rule, new employees’ salaries will be based on the minimum to middle of the recruiting range for each position depending upon qualifications and experience. Department Heads should confer with the Human Resources Office to determine the appropriate starting salary for all new employees. Transfer A transfer is the horizontal or lateral movement or reassignment to a position with comparable or equivalent responsibilities and within the same position classification or salary grade. Generally an employee will not be eligible for a salary adjustment simply on the basis of a transfer or reassignment. Promotion A promotional salary adjustment must be based on a bona fide change in duties which raises the employee to a higher grade. An employee who is promoted to a higher classification will be assigned to a step in the new salary grade. Department Heads may increase an employee’s salary by at least 6% over previous salary but may not exceed 12% of the employee’s prior salary unless the salary falls below Step 1 of the new salary range. All increases must be justified and evaluated by the Human Resources Office. Demotion An appropriate decrease in salary will be made for those employees moving to positions of lesser responsibility. Department Heads may decrease an employee’s salary by 3% but may not exceed 21% of the employee’s prior salary without prior approval from the President. Reductions in salary shall be reviewed by the Human Resources Office. Acting or Interim Assignments Acting and Interim assignments are expected to be temporary in nature. The University recognizes that no employee can perform all of the duties of two full-time positions, regardless of the classification of the position. Therefore, when an employee is assigned to an acting or interim position to serve in two capacities, the employee and supervisor shall mutually agree on the essential duties and responsibilities to be performed. Page: 48 Acting and Interim assignments fall into two categories:  Assigned to serve exclusively in the Acting or Interim Position;  Assigned to serve in both the Acting or Interim Position and the regular position. Compensation will be given to employees in Acting or Interim positions of more than thirty (30) consecutive days in accordance to the guidelines below unless otherwise authorized by the President. There is no additional compensation for assignments of 30 days or less. The Vice Provosts, Vice Presidents and Cabinet members who may be called upon to serve in acting capacities are excluded from this policy and may not receive additional compensation unless authorized by the President. This applies to budgeted staff and administrative positions. For employees serving exclusively in the Acting or Interim Position:  Employees assigned exclusively in an Acting or Interim position at the same grade level: No additional compensation.  Employees assigned exclusively in an Acting or Interim position at a higher grade level: The employee is placed on step one (1) of the higher grade level or granted a 6% increase in pay, whichever is higher. For employees serving in both an Acting or Interim position and their regular position:  Employees assigned to the same or lower grade level Acting or Interim position in addition to their regular position: The employee shall receive a 3% increase in salary.  Employees assigned to a higher grade level Acting or Interim position in addition to their regular position: The employee shall be compensated at Step l of the higher grade level or granted a 9% increase in pay, whichever is higher. Page: 49 VIII. Employment The University of the Virgin Islands is an Equal Employment Opportunity/Affirmative Action employer. The University is committed to diversifying its workforce and providing maximum opportunity for internal mobility. The University requires pre-employment reference and background checks for all full-time regular employees; pre-employment reference and background checks may also be required for temporary hires. For certain designated positions, drug and alcohol testing may also be required. The University’s objective is to recruit, hire and retain the highest qualified individuals to meet the educational goals of our student population through identifying and attracting qualified applicants who will increase the representation of members of protected groups in the University’s workforce. Developing a strategic plan will increase employee efficiency and retention for job growth. Support and guidance will be offered to employees in the enforcement of all applicable University, Virgin Islands and federal employment laws and regulations regarding unlawful employment discrimination and equal employment opportunity. The University is committed to providing ongoing assistance in the interviewing and the hiring process to ensure fairness and integrity. New Employee Enrollment On or before the first day of employment, all employees hired by the University will receive payroll forms in the employing department or in the Human Resources Office. The employee will fill out and submit all mandated and legally required forms as outlined in the Human Resources Policy Procedures Supplement by the third day of employment. Probationary Period The probationary period is to give the new employee a period of time to become oriented with the new position through training. The probationary period also gives the supervisor a period of time to provide training, observe initial performance and evaluate the employee’s suitability to the position and ability to contribute to the overall objectives of the department and the University. All hourly and salaried employees on a full-time regular appointment are subject to a six-month probationary period from the initial date of hire, unless otherwise specified in the offer of employment letter. Page: 50 All professional and administrative employee and research faculty on a full-time regular appointment are subject to a one-year probationary period from the initial date of hire, unless otherwise specified in the employment contract. Teaching Faculty refer to the Faculty Policy Manual. Extension of Probation – If a Department Head requires additional time to make a final determination about the fitness of the probationary employee, he or she may request a one-time extension of the probationary period. Such extension shall not exceed three (3) months. At the end of that period a final determination about the continued employment of the probationary employee will be made. Department Heads wishing to request an extension of probation should contact the Human Resources Office at least two (2) weeks before the employee’s initial probationary period is to expire. He or she will be asked to provide information about the specific areas in which the employee must improve in order to be eligible for continued employment. Benefit Eligibility A comprehensive package of benefits is available to full-time regular employees and their spouse and dependent children, as applicable. These include medical, dental, basic life insurance, long-term disability, tuition remission, tuition exchange and employee assistance programs. Full-time regular employees may participate in our flexible spending account, vision care and supplemental life insurance programs. New Employee On-Boarding Orientation New employee on-boarding orientation is coordinated by the Human Resources Office and is offered to all newly hired full-time employees. All new employees must attend the orientation session to obtain important and time-sensitive information. Paid Holidays All regular, full-time employees are eligible for the 14 holidays recognized by the University. Temporary employees are not eligible for holiday pay. Temporary, part-time employees who are required to work on a holiday will be paid for the time worked at their normal rate of pay. Page: 51 An employee who is being paid by Worker’s Compensation and is using sick and/or vacation leave will receive holiday pay during the period of absence proportionate to the amount of sick leave or vacation leave being used. Emergency Payroll The University will issue an emergency advance payment of wages to an employee only if an employee misses a payroll through no fault of his or her own. The payroll advance may be issued for that portion of the base salary or wages earned at the time the payroll was missed. The issuance of any payroll checks outside the normal cycle requires the approval of the Vice President for Administration and Finance. Payroll Deductions The following deductions are required based on Federal or local laws and regulations and are applicable to all employees:  VI Income Tax  Retirement (Through age 54)  Social Security  Medicare Taxes (FICA)  Garnishments Voluntary Deductions Voluntary employee directed deductions and contributions may be made through payroll deduction for:  Retirement (Age 55 and older)  Supplemental/Group Health/Life Insurance  Campus Housing  Credit Union  Emergency Air Ambulance  United Way Page: 52  UVI Development Fund  Flexible Spending Accounts Section 8.01 Employee Performance Appraisal Each staff member’s performance is to be formally evaluated by the immediate supervisor at least once every fiscal year. In addition, discussion between the supervisor and staff member concerning job performance should occur routinely and regularly throughout the fiscal year. The staff member shall receive a copy of the completed performance appraisal form for their acknowledgment. The performance appraisal process provides for an annual assessment for the job responsibilities assigned to the employee within the position description. Individuals should be evaluated only for job responsibilities discussed in advance and mutually understood by both the supervisor and staff member. Each evaluation performed should include, at a minimum, a review of the agree objectives based on the individual’s job description and assigned responsibilities, and an assessment of the staff member’s performance in the job, including strengths and areas in which improvement is needed. Such review should include a summary of planned development efforts. The supervisor should review the result of all dialogues with his or her immediate supervisor. A meeting should be scheduled between the supervisor and the staff member. Where appropriate, the supervisor must provide specific steps to improve job performance and staff member development should be stated. The interview should be structured to encourage discussion and clarification of the written performance review. In the event a staff member disagrees with any part of the written performance, the staff member may simply acknowledge receipt of the performance appraisal communication and does not necessarily constitute agreement with the content of the appraisal. The performance appraisal process applies to all regular full-time staff of the University. (Also see Faculty Policy Manual) Page: 53 IX. Leaves of Absence Section 9.01 General Leave Policies Leave may be paid or unpaid depending upon the eligibility type and availability. No leave shall accrue for partial months worked at the beginning or termination of employment. Accrual and utilization policies vary according to the employment category of the employee as described. Eligibility for Accrual The University offers two types of accrued leave: annual, and sick. All full-time regular employees are eligible to earn annual and sick leave upon the completion of one full calendar month of employment. Faculty members accrue sick leave only. No sick leave shall accrue for partial months worked at the beginning or termination of employment. The types of leave available to employees which the University recognizes are: 1. Administrative Leave 2. Annual Leave 3. Bereavement Leave 4. Compensatory Leave 5. Court Leave 6. Donated Leave 7. Family and Medical Leave 8. Leave for Voting 9. Leave Without Pay 10. Maternity Leave 11. Military Family Leave Page: 54 12. Military Leave 13. Political Candidacy Leave 14. Sabbatical Leave 15. Sick Leave 16. Study Leave Section 9.02 Administrative Leave At the discretion of the President, employees may be granted leave with pay to attend special workshops, training sessions, or other activities related to the job. Administrative leave may also be granted to employees for attendance at required Board or Commission meetings, or during times of general emergencies, such as natural or man-made disasters which affect a large portion of the workforce. The time taken under these circumstances is not charged to accrued annual leave, sick leave or compensatory time available to the employee. Section 9.03 Annual Leave All employees in regular positions are eligible to accrue annual leave after the completion of one (1) full calendar month of employment. Accrual Rates for Executive, Administrative/Managerial, and Professional Staff. Executive, Administrative/Managerial and Professional Staff accrue paid annual leave at the rate of 12.25 hours per month, for a total of 21 working days per year. Page: 55 Accrual Rates for Regular Full-time Employees Regular full-time employees accrue paid annual leave at different rates depending upon their length of service and the number of hours in their regular work week, as follows: Length of Service Hours/Week Rate of Accrual Annual Accrual 0 - 3 years 35 8.75 hours per month 15 days 3 + Years 35 12.25 hours per month 21 days 0 - 3 Years 40 10 hours per month 15 days 3 + Years 40 14 hours per month 21 days Maximum Accumulation Employees may carry over a maximum of eighty days of annual leave from one fiscal year to another. Leave accrued in excess of the maximum limit must be used by the end of each fiscal year. Excess annual leave not used by the end of the fiscal year will be BANKED to be used for GERS service credit. Utilization of Leave Employees may utilize their accrued Annual Leave following the successful completion of the six-month probationary period for hourly and salaried employees or six months of the one-year probationary period for professional, administrative and research faculty classifications. (See Employment) Application for and Approval of Leave Annual Leave must be requested and approved in advance except in cases of legitimate emergencies. Department Heads may require documentation from employees to substantiate the need for leave taken without notice because of an emergency. Page: 56 The amount of advance notice required may vary from department to department depending on the scheduling and other needs of the individual department. Department Heads should set reasonable guidelines and convey them to all their staff. It is the responsibility of the employee to plan scheduled absences so that they do not cause undue disruption of normal office functions. Department Heads have the authority to require employees to be present during periods of peak activity. It is expected that Department Heads and employees will work together to plan for vacations and other absences. Employees who fail to obtain advance approval to take annual leave may have absences charged to leave without pay. Reclassification of Annual Leave Payout It is the policy of the University that when an employee changes from an employment classification category that is eligible to accrue annual leave, to a category which is not eligible to accrue annual leave, the employee shall be paid for all unused accrued annual leave he or she may have at the time of reclassification. Payment for the unused annual leave shall be by lump sum payment at the salary in effect immediately prior to the change in classification. Eligibility All full-time staff employees in Executive, Administrative/Managerial, Research Faculty, Professional staff and Non-Exempt employment categories are eligible for annual leave payout. Unused Annual Leave Hours Employees shall be paid for all unused accrued annual leave they have as of the last day of employment in the classification category eligible to accrue annual leave (where applicable). Rate of Pay The rate of payment for accrued annual leave will be the salary rate that is in effect immediately prior to the reclassification. Payment of the leave balance will be by lump sum payment. The lump sum payment is calculated by multiplying the number of hours of unused annual leave by the employee's hourly rate of pay. Page: 57 Administration The Human Resources Office is responsible for ensuring compliance with this policy and shall establish and maintain any and all records necessary for the efficient management of the procedure. Section 9.04 Bereavement Leave All eligible employees are entitled to five days of leave for funeral purposes in the event of a death in the immediate family, or three days for the death of a sibling, (defined as a brother, sister, step brother or step sister). Utilization of Leave Employees should request leave as soon as possible following a death in their family. Bereavement leave may be charged to accrued sick leave, annual leave, compensatory leave, or leave without pay. Immediate family is defined as a spouse, parent, child or step-child. Immediate family may be extended to mean uncle, aunt, grandmother or grandfather, and the full 5 days leave may be granted by the supervisor if it is determined that close family ties extend beyond spouse, parents or children. Section 9.05 Compensatory Leave Compensatory Leave is intended to allow eligible employees to take time off in lieu of monetary overtime compensation. Compensatory leave may be used for vacation or personal time, as necessary. Eligibility All non-exempt full-time, salaried employees are eligible to earn compensatory leave. Accumulation Employees who normally work a 35-hour work week accumulate one (1) hour of compensatory time for every hour worked over seven (7) in a day, and for every hour worked over thirty-five (35), up to forty (40) hours per week. After an employee has worked over eight (8) hours in a single day, or over forty (40) hours in a week he or she will accumulate compensatory time at a rate of one and one half (1.5) times the number of hours worked. Page: 58 Maximum Accumulation In accordance with Fair Labor Standard Act guidelines, employees may accrue up to 240 hours of compensatory time. Department Heads are expected to minimize the accrual of Compensatory Time by their employees by planning work so that it may be accomplished during normal working hours. Utilization of Leave Any compensatory time which has accumulated must be used in lieu of annual leave, and must be approved in advance under the same terms and conditions as annual leave. Application for and Approval of Leave Compensatory Leave must be requested and approved in advance except in cases of legitimate emergencies. Department Heads may require documentation from employees to substantiate the need for leave taken without notice because of an emergency. The amount of advance notice required may vary from department to department depending on the scheduling and other needs of the individual department. Department Heads should set reasonable guidelines and convey them to all staff. It is the responsibility of the employee to plan scheduled absences so that they do not cause undue disruption of normal office functions. Department Heads have the authority to require employees to be present during periods of peak activity. It is expected that Department Heads and employees will work together to plan for vacations and other absences. Employees who fail to obtain advance approval to take compensatory leave may have absences charged to leave without pay. Section 9.06 Court Leave Eligible employees will be granted leave of absence with pay for the times of actual service on a jury panel or as a subpoenaed witness. Any time taken for other court appearances must be charged to annual or compensatory leave, or leave without pay. Page: 59 Utilization of Leave Employees shall request leave as soon as they receive a notice to report for jury duty or a subpoena for appearance in court. A copy of such notice/subpoena must be attached to the application for leave. Employees who fail to follow the application process may have their absence charged to leave without pay. Section 9.07 Donated Leave In compliance with V. I. Code, the University’s Donated Leave Program is to alleviate hardship caused by a catastrophic or prolonged illness or injury which has forced the employee to exhaust all accrued leave. A Donated Leave Committee comprised of the Director of Human Resources, the Director of Employee Benefits, and two other members appointed by the President, will administer the Donated Leave Program. Eligibility All full-time regular employees who have completed one year of continuous employment with the University and are eligible to receive sick or annual leave may participate as either a donor or a recipient of donated leave. Eligible Recipients - Recipients must meet all of the following criteria to be eligible to receive donated leave. The employee: 1. Must be employed on a full-time basis, 2. Must have completed at least one year of continuous employment with the University, 3. Must be suffering from a health condition or injury which is expected to require a prolonged absence from work of twenty (20) days or more and have a medical certification from a licensed physician 4. Must have exhausted all accrued leave. Eligible Donors - Donors must meet all of the following criteria to be eligible to donate leave. The employee: 1. Must be employed on a full-time basis, 2. Must have completed at least one year of continuous employment with the University, Page: 60 3. Must be employed by another qualifying Government department or instrumentality which has been approved to participate in the University’s Program, 4. Must have twenty (20) days accrued sick leave and at least 12 days of accrued annual leave remaining after donating leave. Section 9.08 Family and Medical Leave Family and Medical Leave applies to all eligible full-time employees regardless of employment classification. The policy provides leave benefits to employees in accordance with the provisions of the Federal Family and Medical Leave Act (FMLA) and any subsequent amendments. Family and Medical Leave must be taken with accrued sick, compensatory and annual leave to maintain salary continuity and will run concurrently for up to twelve (12) weeks based on the terms and conditions outlined in the federal FMLA regulations. The amount of time taken under FMLA policy will be deducted from the total amount of leave for which the employee is eligible. Eligibility The employee must have worked for a minimum of at least one year, for 1,250 hours over the previous 12 months, and The employee must have been continuously employed by the University in a full-time regular position for at least twelve months. Employees will be informed of their eligibility or ineligibility for leave designation (if the leave is designated as FMLA-protected or not) and the amount of leave to be counted against the employee’s leave entitlement. Section 9.09 Leave for Voting Pursuant to V. I. law, all employees are entitled to two (2) hours of leave with pay for the purpose of voting on an election day. Employees are encouraged to arrange to vote in the early morning or late afternoon, so that as little time as possible is taken from the job. Arrangements and scheduling to take leave for voting must be made in advance with supervisors so that minimal disruption to offices and services occurs. Page: 61 Section 9.10 Leave Without Pay (LWOP) The University recognizes that from time to time employees may need to take leave in excess of their accrued paid leave. This need may occur due to maternity, illness, death in the family, to pursue educational goals or for other reasons. Leave without pay is a benefit that is granted at the discretion of the University. Application Employees are required to exhaust all applicable accrued leave before requesting leave without pay, except in cases of Political or Study Leave. Because the reasons for requesting leave without pay are diverse in nature, the time frame within which LWOP is requested will vary. Employees are expected to submit applications for leave without pay as soon as they become aware that they will need to make the request. In some instances, such as Maternity or Study Leave, specific time frames are mandated. Written requests should be submitted to the Department Head and accompanied by the standard Leave Application Form. Unauthorized Leave Any absence not authorized by a specific grant of leave under the provisions of the University's leave regulations shall be deemed to be an absence without leave. Department Heads are authorized to charge such absences to leave without pay. Such absence may also be grounds for disciplinary action. Approval The Department Head may approve leave without pay for up to thirty (30) consecutive days. Requests for leave without pay in excess of thirty (30) days must be approved by the Component Head. All leave requests in excess of sixty (60) days must be approved by the President. Group Insurance Coverage If an employee is granted a leave without pay, arrangements must be made with the Human Resources Office to continue Group Insurance at the employee's expense. Accrual of Leave Employees do not accrue Annual or Sick Leave while on leave without pay. Page: 62 Paid Holidays Employees on leave without pay are not eligible to be paid for holidays falling within the period of absence. Section 9.11 Maternity Leave All regular full-time employees are eligible for maternity leave. An employee may request up to five (5) months of leave for pregnancy and care of a newborn infant. Employees should request leave as soon as possible. A. Utilization of Leave Maternity leave may be charges to accrued sick leave, compensatory leave, annual leave or leave without pay in that order. B. Physician’s Certificates Maternity leave is treated as any other disability or illness, therefore, a physician’s certificate is required to document the condition. The certificate must include the specific date that the employee may return to work. The University reserves the right to require an employee to get a second medical opinion at the University’s expense. C. Coordination Family and Medical Leave Family and Medical Leave will run concurrently with accrued sick leave, compensatory leave, and annual leave. (See FMLA Policy) Section 9.12 Military Leave Eligibility All regular employees who are members of the National Guard or Reserve Military Service are eligible to take military leave when ordered to perform military duty. Page: 63 Duration of Leave Eligible regular employees are entitled to leave without loss in pay, time or performance or efficiency rating for each day, not to exceed thirty (30) days in a calendar year, for time spent in mandatory attendance on Federal Active Duty, territorial active military service or training duty. Reemployment Rights Employees who serve in active military duty are entitled to Veterans’ Reemployment Rights in accordance with Virgin Islands and/or federal law upon their discharge from such duty. Utilization of Leave Military leave must be approved in advance. Employees should request leave as soon as they receive their notice to report for duty. A copy of such notice must be attached to the Application for Leave. Section 9.13 Military Family Leave This policy defines the Military Family Leave benefits available to employees. Eligibility Requirements Employees with a spouse, son, daughter, or parent on active duty or called to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week FMLA leave entitlement to address certain qualifying exigencies: Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings; Employees eligible for special leave entitlement may take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness suffered in the line of duty on active duty that renders the service member medically unfit to perform his or her duties and for which the service member is undergoing medical treatment, recuperation, or therapy; or on an outpatient basis; or is on the temporary disability retired list. Page: 64 Section 9.14 Political Candidacy Leave Employees wishing to run for public office shall be granted leave without pay upon the date of filing of their nomination petition until the date of the ensuing general election. If the employee is a candidate in a primary election, and fails to be nominated, his or her leave of absence will terminate immediately after the primary. Application Employees must submit applications for leave without pay as soon as they decide to become political candidates, but not less than thirty (30) days prior to the filing of their nomination petition. When an employee is granted a leave without pay for any reason, arrangements must be made with the Benefits Administration Office to continue Group Insurance programs at the employee's expense. All retirement contributions will be suspended. Persons becoming candidates may request a lump sum payment of unused accrued annual leave in taking a political candidacy leave of absence. Persons who have no accrued annual leave shall take leave without pay. Written requests should be submitted to the Department Head accompanied by a standard Leave Application Form. Approval The Department Head may approve Political Leave for up to thirty consecutive days. Requests for Political Leave in excess of thirty days must be approved by the Component Head and the President. Accrual of Leave Employees do not accrue Annual or Sick Leave while on leave without pay. Paid Holidays Employees on leave without pay are not eligible to be paid for holidays. Continuation of Benefits Employees on approved Political Leave may continue to participate in the University’s group insurance programs. However, they must pay the entire premium cost, including both the employer and employee portions. Payments are due at the beginning of each month. Failure to make timely premium payments may result in the loss of insurance coverage. Page: 65 Section 9.15 Sabbatical Leave The University shall enhance the knowledge and support the professional development of Teaching and Research Faculty members to the mutual benefit of the University and its employees. (See Faculty Policy Manual) A. Eligibility Sabbatical leave is a privilege to be applied for in each case and is in no instance to be considered an earned right. Such leaves may be granted (on application) for the purpose of advancement of knowledge or professional improvement of mutual benefit to the University and the individual. All full-time teaching faculty who have been in full-time service to the University for at least seven years are eligible to apply for Sabbatical Leave. After a period of seven years of full-time service subsequent to the return, the faculty will be eligible for another sabbatical leave. B. Application Procedure 1. All applications for sabbatical will be made at least one year prior to the date when the leave is to begin. 2. The applicant should file a specific written application accompanied by a statement as to how the leave is to be used. The application should state clearly how the leave articulates, and promotes, the achievement of current goals of the University. The application shall contain: a. A description of the activities to be pursued and the objectives to be achieved while on sabbatical, including adequate supporting information and specific details. b. A statement of the relationship between the planned activities and the advancement of knowledge or professional improvement of the individual. c. A statement of the relationship between the planned activities and the current goals of the University which they will promote. d. Where appropriate, documents such as letters of acceptance or appointment, proposed courses of study, etc., should be appended to the request. Page: 66 C. Approval Procedures 1. The application shall be submitted to the Deans who will review the application in consultation with the Provost. 2. The Deans and the Provost shall make a formal written presentation to the Vice President/Provost concerning the merits of the proposal. 3. The Vice President/Provost, in turn, will review the application and the recommendations of the Deans and the Vice President/Provost and make his or her recommendation to the President. 4. The President will make a final decision on the request. D. Notification If a sabbatical leave is granted by the President, the terms of the leave shall be stated in writing by the University. The successful grantee will receive notification that the leave is granted at least three months before the end of the semester previous to the one in which the leave is to begin. E. Duration of Leave Faculty members may request up to two semesters of sabbatical leave. F. Compensation Sabbatical leave may be for one semester with full pay, or two semesters with half pay. G. Benefits Group Health and Life Insurance Faculty members on sabbatical leave may continue to receive all group health and life insurance benefits for the duration of the time that they are receiving a pay check from the University. Upon going on leave without pay status, arrangements may be made with the Human Resources Office to continue benefits by making premium payments at the beginning of each month. Page: 67 Leave Benefits Leave benefits will continue to accrue as long as the Faculty member is receiving a pay check. Resumption of Duties Sabbatical leave, except for a retiring member of the faculty who receives a waiver as described below, is granted with the expectation that the recipient will resume his or her previous duties at the end of the leave and will continue his or her service to the University. He or she will return at least at the same rank and salary which he or she had when the leave began. The granting of leave does not change the tenure status of the recipient. A person on leave, who decides not to return, but to resign, is expected to give notice by April 1st of the year on leave, and to return the compensation received from the University during his or her sabbatical leave. Retirement Sabbatical A retiring faculty member who meets the eligibility for sabbatical leave may apply for a waiver of the requirement to return to duty at the end of the sabbatical. All other terms of the sabbatical leave policy will apply. Sabbatical Report Upon return from sabbatical, the faculty member will submit a report which indicates the extent to which the proposed goals of the leave were accomplished. Section 9.16 Sick Leave All employees in regular positions are eligible to accrue sick leave after the completion of one (1) calendar month of employment. A. Accrual Rates Executive, Administrative/Managerial, Professional Staff Executive, Administrative/Managerial and Professional Staff accrue Sick Leave at the rate of 8.75 hours per month, for a total of 15 days per year. Page: 68 Regular Staff Regular Staff accrue paid sick leave at different rates depending upon the number of hours in their regular work week, as follows: Hour/Week Rate of Accrual Annual Accrual 35 8.75 hours per month 15 days 40 10 hours per month 15 days Teaching Faculty Teaching Faculty accrue sick leave at the rate of 9.3 hours per month for the nine month academic year, for a total of 12 working days per academic year. B. Maximum Accumulation Regular employees may carry over a maximum of 150 work days of sick leave from one fiscal year to another. Executive, Administrative/Managerial, Professional and Teaching Faculty are permitted to carry over one hundred and twenty (120) work days of sick leave from one fiscal year to the next. Any hours over the maximum number of sick leave days permitted for carry-over, will be forfeited at the end of the fiscal year (September 30). C. Service Credit for Sick and Annual Leave Those employees participating in the Government Employees' Retirement System (GERS) may bank the leave that would otherwise be forfeited at the beginning of the new fiscal year. Such leave may not be utilized while the employee is actively working, but may be used toward service credit upon retirement, according to the terms and conditions set forth by GERS. Page: 69 D. Utilization of Leave Employees may utilize their accrued Sick Leave following the successful completion of their probationary period. Sick leave may be used only for personal illness, injury, medical or dental appointments, or for bereavement purposes in accordance with the Sick Leave and the Bereavement Leave Policies. The University recognizes that employees will need days off from work from time to time to address the medical needs of a family member. For this purpose, regular full- time employees’ Sick Leave may be used for the care of a sick child, spouse or parent for a maximum of eight (8) days per fiscal year. Sick leave to care for a sick child, spouse or parent will run concurrently with Family and Medical Leave. (See FMLA Policy). The University reserves the right to require employees to provide a note from a physician verifying that an absence was caused by a medical situation. (Also see FMLA Policy) E. Application for and Approval of Leave Where possible, such as for scheduled doctor's visits, employees are expected to request sick leave in advance. Employees who are unable to report to work because of illness or injury are required to call their supervisor or department head within one hour from the time their scheduled shift begins. Personnel working in essential service areas may be required to report their absences prior to the beginning of their scheduled shift according to departmental policy. F. Physician's Certificates When an employee is away from work for three or more consecutive days due to illness, a physician's certificate may be required to document that illness. The certificate must include the specific date that the employee may return to work. A Physician certificate may be required in other instances, such as suspected abuse of sick leave. The University reserves the right to require an employee to get a second medical opinion selected by and at the University's expense. An employee who fails to present a physician's certificate upon request will have his or her absences charged to leave without pay. Page: 70 G. Abuse of Sick Leave Misuse and abuse of sick leave is an infraction of the University's regulations and is subject to disciplinary action, up to and including suspension without pay or termination. Attendance patterns which indicate possible abuse of sick leave, such as frequent multi-day absences, or absences on Mondays and Fridays are subject to close scrutiny by supervisory staff. In such cases, employees may be required to produce a physician's certification to substantiate such leave, regardless of the duration, when asked to do so. Under no circumstances may an employee use sick leave for vacation or personal leave purposes. H. Sick Leave During Vacation When an employee becomes ill or is injured during his or her vacation or personal leave, that period of illness/injury may be charged against sick leave and not annual or compensatory leave upon presentation of proper documentation of the illness/injury. I. Extended Sick Leave Any consecutive period of sick leave which spans more than two work weeks will be considered extended sick leave. Employees with illnesses or injuries which cause them to be absent for more than two weeks must provide a physician's certificate to their department head with the following information:  Physician’s certification of care;  The prognosis for his or her recovery;  The estimated date upon which he or she may return to work. Any changes in the employee’s condition which may have an impact upon his or her expected date of return should be documented and presented immediately. All original physician statements, and documents concerning requests for extended leave, must be forwarded to the Human Resources Office by the Department Head immediately. Page: 71 Absences for extended illnesses for which the employee has exhausted his or her accrued sick leave may be charged against accrued annual leave or compensatory time. When other leave sources are exhausted, the employee may be granted leave without pay. Section 9.17 Study Leave Eligibility All Faculty, Executive, Administrative/Managerial, and Professional Staff on regular appointments are eligible to apply for Study Leave. General Provisions Eligible employees may apply for leave without pay for purposes of pursuing higher education goals that are consistent with the programs and functions carried out by the University, and which will result in the ability to better contribute toward the University's goals and objectives. Application & Approval Requests for Study Leave must be submitted in writing to the Department Head and then the Component Head. The Component Head reviews the request and forwards his or her recommendation to the President. The President gives final approval to all Study Leave requests. Requests should be made one (1) year in advance of the date leave is to commence. Duration of Leave Study Leave is approved for one year at a time, and an employee granted such leave may apply for an extension of one year. Study Leave is usually limited in duration to two years. Non-Faculty employees requesting extensions should do so at least six (6) months prior to the date that their leave is to expire. The University reserves the right to require documentation to support requests for extensions of Study Leave beyond the initial two-year period. Page: 72 Reinstatement The University will seek to appoint individuals returning from Study Leave to available positions for which they are qualified and that are commensurate with the education, knowledge, and skills of the individual. Employees, who would have been terminated due to layoff or downsizing, if they were not on Study Leave, will not be reinstated. Taking of leave will not result in any loss of benefits or conditions of employment accrued prior to the beginning of the leave period. Employees returning from study leave will be reinstated to at least the same grade and step that they left. However, they will not be eligible for any performance increases for the time period during which they were absent. If no suitable positions are available at the grade and step level previously held by the employee, the University may then assign the employee to a position at another grade and step level, provided the salary is equal to or greater than what was being earned by the employee before taking study leave. Employees will be awarded any increases if such increases were awarded to University employees during the period of their absence. The attainment of a higher academic degree does not automatically entitle an employee to a salary increase. Annual Leave Payout Employees going on approved Study Leave may opt to draw down a portion or all of their accrued annual leave in a lump sum payment. Annual Leave payout may not exceed the number of months of approved leave. Employees may also opt to receive the payout in the form of regular paychecks until leave is exhausted. A written request should be filed with the Human Resources Office at least four (4) weeks prior to the effective date of the Study Leave. Continuation of Benefits Employees on approved Study Leave may continue to participate in the University's group insurance programs. However, they must pay the entire premium cost (i.e., both the employer and employee portions). Payments are due at the beginning of each month. Failure to make timely premium payments may result in the loss of insurance coverage. The employee should contact the Human Resources Office at least four (4) weeks prior to his or her departure to make arrangements for continuation of group health and life coverage. Page: 73 Reinstatement of Coverage An employee who opts to discontinue participation in the University's group insurance programs while on Study Leave may be reinstated upon resumption of active duty subject to the rules and regulations imposed by the insurance carrier. A medical certification may be required and the employee and his or her dependents may be refused coverage by the carrier. The University is not responsible for any costs associated with the certification of insurability, incurred as a result of the employee's ineligibility to be reinstated. Page: 74 X. Employee Benefits Section 10.01 Medical - Hospital Insurance-Dental Insurance The University offers a comprehensive Group Health Insurance Program to eligible employees. Details of the plans coverage is available from the carrier and can be obtained from the Benefits Administration Office. All full-time employees with Regular appointments and their eligible dependents may participate in the Group Health Insurance program. Carrier The University aspires to provide the highest level of coverage possible at the most affordable price to its employees. To achieve this goal, from time to time, the carrier for the University's insurance may change. Please contact the Benefits Administration Office for more information regarding carriers. Enrollment New employees must enroll themselves and their dependents in the Group Health Insurance Program within thirty (30) calendar days of their initial appointment. If employees fail to enroll within the initial eligibility period they must wait until a period of “open enrollment” is announced or have a qualifying event. Effective Date of Coverage Coverage will be effective on the first day of the month following the completion of one calendar month of employment. Dependent Coverage Dependents of eligible employees may participate in the Group Health and Dental Insurance Program according to the terms and conditions imposed by the Health Insurance Board of Trustees and/or the carrier. Employees must provide documentation of dependent eligibility. Cost of Coverage The University contributes toward the cost of Health Insurance for each employee enrolled under the Group Health Insurance program. The University reserves the right to change the amount of the employee contribution when necessary for financial or other reasons. Page: 75 Benefits during Leave Without Pay Employees on leave without pay (LWOP) may continue to participate in the Group Health, Dental and supplemental life insurance Programs, if applicable. The University will pay the employer portion of the premium for Group Health and Dental Insurance upon receipt by the employee of the employee portion. The employee is responsible to pay the premium for supplemental life insurance. Premiums are due on the first day of each month. Failure to make prompt payments may result in the cancellation of insurance benefits. An employee approved for LWOP should contact Benefits Administration Office to make arrangements for the continuation of regular payments. Waiver or Discontinuation of Benefits An employee may opt to decline coverage, or discontinue coverage under the Group and Health and Dental Insurance plan at any time. An employee who waives coverage upon employment, or who drops out of the program must provide proof of comparable coverage and will be subject to the eligibility requirements imposed by the carrier in order to re-enroll in the program. This provision also applies to dependents that are dropped from the plan. Pre-Existing Conditions New enrollees with pre-existing medical or dental conditions may have coverage restricted according to the requirements imposed by the carrier. This provision is subject to change based on the Patient Protection and Affordable Care Act of 2010 (PPACA). Retirement Benefits Retired employees and their dependents are eligible to continue to participate in the Group Health and Dental Insurance Program. For particulars on this, please contact the Director of Employee Benefits. Dental Insurance As a condition of participation, all employees must enroll in the Group Health Program to qualify for Dental Insurance. Pre-Tax Premiums Employees may elect to have their benefits paid with pre-tax dollars if they so choose. When signing up for benefits, employees will be offered the opportunity to request pre-tax premiums on any or all benefits. Page: 76 Section 10.02 Long-Term Disability Insurance A. Eligibility Full-time employees on regular appointments in the following employee classifications are eligible to participate in the Long-Term Disability program following the completion of one full year of employment: 1. Teaching Faculty 2. Research Faculty 3. Executive 4. Administrative/Managerial 5. Professional Staff B. Enrollment The appropriate enrollment application forms should be completed at the time of orientation and will remain on file in the Human Resources Office. C. Contributions The full cost for this benefit is paid by the University at this time. The University reserves the right to require employees to contribute toward a portion or all of this benefit should future financial circumstances so dictate. D. Summary of Benefits Effective Date of Benefits Benefits for eligible employees begin on the first day of the month after six months of continuous Disability. During this time employees may use their accumulated sick and annual leave to continue receiving a paycheck. Page: 77 Benefit Expiration Benefits continue during a term of continuous Disability until the following age or time limit: Age When Disability Starts Age or Time Limit of Benefits Less than 60 Age 65 60 but less than 65 4 1/2 years 65 but less than 68 1/2 Age 70 68 1/2 or over 1 Year E. Benefit Types and Amounts Monthly Income Benefit A monthly income benefit equal to 60% of the employees monthly wage base will be paid up to a maximum of $2000 per month. Benefits from other sources such as Social Security and Worker's Compensation will be subtracted from the Monthly Income Benefit. In no event will the Monthly Income Benefit be less than $100 or if greater, 10% of the Monthly Income Benefit before benefits from other sources are subtracted. If monthly earnings while disabled exceed 20% of the Increasing Monthly Wage Base, this benefit may be adjusted. Monthly Annuity Premium Benefit If the employee participates in the TIAA-CREF retirement plan, 12.5% of the employee's monthly wage base will be credited to the employee's regular annuity accounts. If monthly earnings while disabled exceed 20% of the Increasing Monthly Wage Base, this benefit may be adjusted. Page: 78 Annual Benefit Increase The Monthly Income Benefit and Monthly Annuity Premium Benefit will increase by 3% each year. The first increase takes effect 36 months after the date benefits are first payable for a term of disability. Future increases will take effect on the first day of the same month each year thereafter. Survivor Income Benefit Survivor Income Benefit equals to three (3) times the last monthly income benefit received by the employee. This benefit will be paid to the surviving dependent(s) on the first day of the month after the employee's death, if the employee has been disabled for at least twelve (12) months. Exclusions No benefits will be paid if disability is caused by: (1) an intentionally self-inflicted injury, or (2) war or (3) taking part in a felony, or (4) riot. Refer to your summary plan description for a complete list of “Disabilities Not Covered” or contact Benefits Administration for more details. Section 10.03 Government Employees Retirement System - GERS Disability Retirement Eligibility GERS participants, who become permanently disabled, are eligible for Disability Retirement. Benefits GERS participants should contact GERS for details about disability retirement benefits. Post-Retirement Adjustments Regular retirement benefits are increased by 1.5% of the original retirement benefit each year after the attainment of age sixty. Page: 79 Section 10.04 Basic Life and AD&D Insurance The University offers a comprehensive Group Life and Accidental Death and Dismemberment (AD&D) Insurance Program. Details of plan coverage are available in the form of a handbook provided by the carrier, which may be obtained from the Benefits Administration Office. Eligibility All full-time employees with regular appointments are eligible to participate in the Group Life and AD&D Insurance Program. Enrollment New employees must enroll in the Group Life and Accidental Death and Dismemberment (AD&D) Insurance Program within thirty (30) calendar days of their initial appointment. If employees fail to enroll within the initial eligibility period they may be disqualified for coverage under the program. Every employee enrolled in the plan receives $10,000 worth of life insurance coverage paid for by the University. Additional coverage may be purchased by the employee. See Benefits Administration Office for details. Carrier The University aspires to provide the highest level of coverage possible at the most affordable price to the employee. To achieve this goal, the carrier for the University's insurance may change at the discretion of the University. Health Insurance Requirement As a condition of participation, all employees must enroll in the Group Health and Dental Insurance Program to qualify for Life Insurance. Section 10.05 Supplemental Insurance The University has several supplemental insurance plans that provide for coverage over and above the regular University medical, dental and life insurance coverage. These plans are voluntary and are not contributed to by the University. (Contact the Director of Employee Benefits for more information). Page: 80 Section 10.06 Workers’ Compensation A. Eligibility All employees of the University, regardless of employment category, are entitled to benefits under the Workers’ Compensation Law of the Virgin Islands. B. Workers’ Compensation Benefits Wages Employees may be eligible to receive up to 66 2/3 of their base salary for any period of time in which they are disabled. Wage benefits are determined by the Workers’ Compensation Administration based on the type and duration of the injury. Medical Expenses Medical expenses related to any injury which occurs on the job will be paid by Workers’ Compensation. Vocational Rehabilitation As a result of the work-related injury, if an employee is unable to perform the job for which he or she has previous training or experience, that employee will be entitled to vocational training and job placement for the purpose of allowing him/her to return to the workforce. All such training and rehabilitation will be paid for under Workers’ Compensation. Reporting Injuries It is the responsibility of the employee and his or her supervisor to immediately report any injury which occurs on the job to the Benefits Administration or Human Resources Office. The following procedures must be followed: 1. Notification must be made by the injured employee within forty-eight (48) hours of the injury. 2. An Employer's First Report must be filed within eight (8) days after receipt of notice from the injured employee by the Benefits Administration or Human Resources Office. Page: 81 3. Claims for compensation must be filed in the Workers’ Compensation Office by the employee within sixty (60) days of the date the injury was incurred. Medical Examination Injured employees should undergo a medical examination as soon as possible after the injury occurs. Benefits Administration and Human Resources Offices will provide the appropriate form(s) to be completed by the attending physician. The Workers’ Compensation Office may require the injured employee to submit to one or more examinations by a doctor of its choice. Use of Leave Employees may use their accumulated sick and annual leave to continue to receive a full paycheck for any period of time that they are unable to report to work because of a work-related injury. Workers’ Compensation will reimburse the University for 66 2/3 of the leave used, at which time the employee will be credited with the appropriate amount of leave. Section 10.07 Tuition Exchange Program The University participates in the Tuition Exchange Program which is operated through a non-profit national organization based in Washington, D. C. that records exchange scholarships, enrolls interested colleges and university a members, prepares and distributes membership lists, and develops and implements policies that promote balanced exchanges. The University extends this benefit to full-time employees’ eligible dependent children with the understanding that this program is at little or no cost to the institution and that the program will be reviewed if it is determined that this underlying premise does not hold true. (See Tuition Exchange Policy). The University offers this benefit program at its discretion and will periodically review the program within the context of fiscal realities, to determine whether adjustments to the policy are warranted. Section 10.08 Tuition Remission Program The University recognizes the importance of an educated and competent workforce and offers education benefits to its employees in the form of tuition remission within limits of its financial resources. Page: 82 The University supports and encourages employees to develop themselves through academic, professional, and/or person enrichment courses, and also provides this benefit to spouses, and dependent children of eligible employees and children of retired employees. (See Tuition Remission Policy) The University offers this benefit program at its discretion and will periodically review the program within the context of fiscal realities, to determine whether adjustments to the policy are warranted. Approval All Tuition Remission Forms must be signed by the Director of Employee Benefits before classes can be taken. If there is a need to grant work release time, the form must be signed by the Department Head of the employee and the Director of Employee Benefits. Section 10.09 Professional Development Eligibility Executive, Administrative/Managerial, Research Faculty and Professional staff who have completed at least six (6) months of continuous employment are eligible to apply for professional development. Employees in the Executive, Administrative/Managerial, Professional and Teaching Faculty or Research Faculty employment categories are eligible to apply for professional development. (Also see Faculty Policy Manual) Approval Approval of all professional development is contingent upon availability of funds. To apply for professional development, the eligible employee must submit to his or her manager/supervisor a notice announcing the meeting or conference to be attended and a written explanation of what activity will be carried out and its relation to the employee’s professional growth. The manager/supervisor will forward the request to the Department Head and Component Head for final approval. Activity Report Following the activity, a brief report may be requested at the manager/supervisor discretion, who will forward the report to the Department Head and Component Head. If a paper was presented, a copy should be attached to the report. Page: 83 Travel Reimbursement See Financial Policies Section 10.10 Moving and Relocation Allowance It is the policy of the University to provide a reasonable relocation allowance inclusive of airfare, to eligible employees, based on their employment contract, to help defray the costs associated with relocation from outside the Virgin Islands to take up employment with the University. This allowance is made in lieu of any and all claims for reimbursement of relocation and moving expenses. This policy applies to newly recruited member of the faculty, professional staff and senior administrative officials recruited from off-island and who are approved by the President, the Provost, a Dean or appropriate Vice President or Component Head to receive the benefit of a relocation allowance for moving and relocation expenses. (See the Financial Policies) Section 10.11 Government Employees Retirement System - GERS Eligibility All full-time employees on regular appointments, who have completed thirty (30) days of continuous Government or University service, are eligible to participate in the Government Employees Retirement System. Enrollment The appropriate enrollment application forms should be completed at the time of orientation and will remain on file in the Human Resources Office. Contribution will begin on the next available payroll period following enrollment in the retirement program. Contribution Rates Contribution rates to GERS are established and amended by Virgin Islands (VI) law which is incorporated into the VI Code. Page: 84 Vesting Members become vested in the retirement system after ten (10) years of credited service. At that time they become eligible to receive retirement benefits under the requirements for Service as well as for Disability retirement. Plan Type The Virgin Islands Government Employees Retirement System is a defined benefit retirement program to which both the employer and the employee contribute. The benefit at time of retirement is based upon the employee’s age, years of service and salary history. Retirement Age Employees with forty (40) years of service may retire at any age at full annuity. A member who is fifty (50) years old with ten (10) years credited service may retire at a reduced annuity. Final Average Salary The Final Average Salary is the average of highest annual salary up to a maximum of $65,000 during any consecutive five (5) year period in the last ten (10) years. Total maximum benefit may not exceed 100% of maximum salary which may not exceed $65,000. Retirement Benefits Vested participants should contact GERS for detailed retirement benefit information at least one year but no later than six months prior to the retirement date. Military Service Credit Qualified members may receive military service credit toward retirement. Vested participants should contact GERS for details. Annual and Sick Leave Payout at Retirement Retirees that participate in the GERS retirement plan may receive service credit for all unused sick and annual leave at the time of retirement in accordance with applicable GERS regulations. Vested participants should contact GERS for details. Page: 85 Other Service Credit Service credit for years of government service during which no contributions were made to the system may be obtained by paying the contribution applicable for that period. Members who are interested in this option should contact GERS for details. Payments for past service credit may be set up through payroll deduction. Disclaimer The policies described in the foregoing section are governed by the Board of Trustees of the Virgin Islands Government Employees Retirement System, and as such are subject to change by that body and V. I. law. Employees are encouraged to contact GERS with important questions concerning retirement issues Section 10.12 TIAA-CREF – Teachers Insurance and Annuity Association/College Retirement Equities Fund Eligibility All full-time employees on regular appointments, who have completed thirty (30) days of employment with University in the following employment categories, are eligible to participate in the TIAA/CREF program:  Teaching Faculty  Research Faculty  Executive  Administrative/Managerial  Professional Enrollment The appropriate enrollment form should be completed at the time of orientation and will remain on file in the Human Resources Office. On-line enrollment is available. If an employee enrolls on-line, a copy of the enrollment confirmation should be secured as proof of enrollment. It is the responsibility of the participant to ensure that fund allocations are correct. Page: 86 Contributions will begin on the next available payroll period following enrollment in the retirement program. Contribution Rates The Board of Trustees of the University sets policy on contribution rates. The Board is guided by mandates which govern contribution rates for the TIAA-CREF retirement program. The Board and the University reserves the right to change the amount of the employee and employer contribution rates when necessary for financial or other reasons. Program Description The TIAA-CREF program is an individual defined contribution retirement program to which both the employee and the employer contribute. Employees may choose between several different CREF funds among which to distribute their contributions. The benefit at time of retirement is based upon the total amount of accumulation in the various funds and the payout terms which are chosen by the retiree. Taxes on Contributions Contributions to the TIAA-CREF program are made on a tax-deferred basis up to the maximum amount allowed under Internal Revenue Service (IRS) regulations. It is the responsibility of the employee to ensure that the limits established by the IRS are not exceeded. The employer takes no responsibility for monitoring compliance with these regulations. TIAA Account The TIAA traditional annuity guarantees principal and a specified rate of interest and dividends. CREF Accounts Participants may choose from a variety of CREF accounts when allocating contributions. From time to time, CREF adds new accounts which the University may opt to make available to participants. Allocation of Contributions TIAA-CREF participants may allocate contributions between any combination of TIAA and CREF accounts. Changes in allocations and transfer of funds between accounts may be accomplished within the guidelines set forth by TIAA-CREF. Page: 87 Transfer of Accumulations Employees may transfer (also known as rollover) eligible funds from other retirement plans to their TIAA-CREF accounts, and, upon leaving the University, may transfer their TIAA-CREF accumulations to other eligible accounts. Regular Retirement Age The University requires TIAA-CREF participants to be age sixty (60) and have at least ten (10) years of full-time service to the University to be eligible to retire. Employees with thirty (30) years of service may retire at any age. Retirement Benefit Retirement benefits under TIAA-CREF are dependent upon the age of the retiree, the total amount of accumulation, and the method of payout of CREF benefits chosen. Lifetime annuity payouts are based upon standard actuarial tables which predict life expectancy. Fixed-Term Payout Upon qualified retirement at age fifty-five (55) or over, CREF accumulation may be paid out over a fixed term of five (5) to thirty (30) years, or a lifetime annuity at the discretion of the retiree. TIAA accumulations will be paid as a lifetime annuity. Section 10.13 Group Supplemental Retirement Accounts (GSRA) All employees on regular appointments may participate in the GSRA program, regardless of the regular retirement program that they have chosen. Enrollment The appropriate enrollment application forms or on-line enrollment and a Salary Reduction Agreement may be completed at the time of orientation, or at a later date, if the employee so chooses. The Salary Reduction Agreement serves as written notification of the contribution amount to the program. The Agreement must be submitted to the Benefits Administration Office. Page: 88 The original enrollment application form will be sent to TIAA-CREF and a copy will be placed on file in the Human Resources Office. If an employee enrolls on-line, a copy of the enrollment confirmation should be secured as proof of enrollment. Deductions will begin on the next payroll period following the submission of the appropriate forms to the Human Resources Office. Contribution Rates Contribution rates are set by the employee, and may not exceed the maximum amount of income allowed to be tax deferred by regulations of the Internal Revenue Service (IRS). Employees may contact a TIAA-CREF representative for assistance in determining their maximum supplemental contribution. Program Description The GSRA program is an individual supplemental retirement account to which only employees contribute. Employees may choose between several different TIAA-CREF funds among which to distribute their contributions. The benefit at time of retirement is based upon the total amount of accumulation in the various funds and the payout terms which are chosen by the retiree. Taxes on Contributions Contributions are made to the TIAA-CREF program on a tax-deferred basis up to the maximum amount allowed under Internal Revenue Service (IRS) regulations. It is the responsibility of the employee to ensure that limits established by the IRS are not exceeded. The employer takes no responsibility for monitoring compliance with these regulations. TIAA Account The TIAA traditional annuity guarantees principal and a specified rate of interest and dividends. CREF Accounts Participants may choose between a variety of CREF accounts when allocating contributions. From time to time, CREF adds new accounts which will automatically be made available to participants. Allocation of Contributions GSRA participants may allocate contributions between any combination of TIAA and CREF accounts. Changes in allocations and transfer of funds between accounts may be accomplished within the guidelines set forth by TIAA-CREF. Page: 89 Section 10.14 Loan Program The University participates in the TIAA-CREF Group Supplemental Retirement Account Loan Program which provides eligible employees with loans of up to $50,000. Employees interested in this benefit should contact TIAA-CREF to determine their eligibility Section 10.15 Social Security All employees of the University with the exception of employees participating in the Civil Service Retirement System are eligible for benefits of the Social Security Administration. The taxes withheld from wages for the Social Security Administration are established by Congress. Benefits are those currently in force as published by the Social Security Administration and are based upon earnings, quarters of coverage, and age. Additional benefits may be available to wives or widows of employees. Section 10.16 Unused Annual and Sick Leave Payout TIAA-CREF Retirees: The University will make a lump sum contribution to the regular retirement account of eligible TIAA-CREF retirees equal to the employer’s contribution rate of the employee’s unused sick leave dollars for TIAA-CREF retirees. GERS Retirees: Service credit is available for any unused annual or sick leave. Participants may contact GERS for more information about service credit. A cash payout for unused annual leave is available to all employees upon retirement. Section 10.17 Employee Assistance Program The University is committed to assisting employees in achieving a balance by taking care of their homes, work and families. The University participates in an Employee Assistance Program (EAP) which is provided through the Health Insurance carrier. The EAP provides assistance to employees and any member of the household with referral of professionals and organizations to assist in addressing marital, substance abuse, financial, career or emotional concerns. Page: 90 The services provided under the EAP are confidential and offered at no initial cost to the employee. The goal is to help employees find solutions before the concern affects their health or job performance. For information on what services are provided, please call the Benefits Administration Office. Page: 91 XI. Travel Policy Section 11.01 Travel Policy Employees traveling on University business should neither gain nor lose personal funds as a result of that travel. Travelers are expected to choose the least costly method of transportation that also meets their scheduling needs. Employee reimbursements must be for University business-related purposes, properly documented, and must clearly exhibit prudent use of public funds. (See Financial Policies) Section 11.02 Vehicle Use The University owns and maintains a fleet of motor vehicles that provides support for University personnel while conducting official University business. All employees who operate these vehicles are expected to have and maintain a valid driver’s license and use the vehicles in accordance with the University’s Driving rules and regulations and applicable V. I. law. (See Vehicle Use Policy) Section 11.03 Mileage Reimbursement University personnel may be required to use their personal vehicle to conduct official University business. In such instances, reimbursement shall be based on the standard rate for business purposes established by the U.S. Internal Revenue Service (IRS). The official rate is announced by the IRS each calendar year. The University’s rate shall automatically adjust to remain constant with the IRS rate, which may change from time to time. Mileage claims resulting in fractional cents will be rounded downward. (See Financial Policies) Page: 92 XII. Services Section 12.01 University Mail Handling Policy Personal mail should not, as a rule, be routed to employees via the University mail system. There are some exceptions such as individuals residing on campus. Generally, however, personal mail and packages sent to an employee via the University may be returned to the Post Office as undeliverable. Section 12.02 Acceptable Use Policy The University provides electronic resources to employees strictly to facilitate their advancement of the University’s vision and mission. The uses of the resources are governed by the Acceptable Use Policy and their use should be consistent with all other University policies, procedures and codes of conduct, including those found in this manual. The University provides electronic resources for the sole purpose of conducting University business. The University reserves the right to monitor all forms of electronic and voice communications and all data on the University-owned network or individual devices. The University data and access to University systems should be held in the strictest confidence. The use of these resources is considered a privilege and not a right and may be revoked at the University’s discretion. (See Acceptable Use policy) Section 12.03 Employee Identification Cards All employees must obtain an identification card (ID) at the start of their employment. Employee Identification Cards are the property of the University and are issued by the Human Resources Office. If an employee ID card is lost or stolen, it should be immediately reported to the Human Resources Office for issuance of a new ID; the employee may incur a charge for a replacement ID card. Upon termination of employment, employee ID cards must be surrendered as part of the final separation clearance process. Page: 93 XIII. Drug & Alcohol Abuse Policy Section 13.01 Drug & Alcohol Abuse Policy The University recognizes its responsibility to provide educational programs that will support positive decision making and believes that it is necessary to establish applicable rules and regulations on drug and alcohol abuse and misuse, to identify employees who are improperly using drugs or alcohol and be able to assist them before they harm themselves or others. This will ensure the health, safety and welfare of all members of the University community. The University of the Virgin Islands Drug & Alcohol Testing Guidelines complies with local and federal requirements. The University Drug and Alcohol Testing Policy is designed to deter alcohol and controlled substance misuse. The University reserves the right to require a designated employee in a safety sensitive position or any employee suspected of being under the influence of or abusing a controlled substance, to submit to random drug testing which may be without warning. The University shall provide, within its control, a safe and healthy environment for faculty, staff, students and visitors. The institution is strongly committed to its employees and students and will provide education, referral, and confidentiality of information, as necessary. When substance misuse has been identified, the University will discipline the employee up to and including termination, as appropriate. In accordance with the University Drug & Alcohol Policy, Testing Guidelines designed to provide the appropriate health and safety requirements are applicable to designated employees which may include operators of University vehicles with or without Commercial Driver’s License (CDL) or any employee who utilizes motor vehicle of any size or type owned by the University to transport passengers or materials (hazardous chemical) in the performance of University business and operations. Page: 94 XIV. Filling Vacancies Section 14.01 Filling Vacancies The University creates and fosters an environment that supports and rewards the pursuit of career mobility and encourages employees to pursue appropriate development to assist with their career development. The University is committed to recruiting, hiring and retaining the highest qualified individuals to meet the educational goals of our student population and to ensure that the selection procedures are fair, consistent and in compliance with applicable laws and regulations. All official offers of employment are made by the Human Resources Office and all offers of employment are made subject to the recipient’s successful completion of background and reference checks and include a drug test for designated classifications. The University will endeavor to provide support and guidance to staff and faculty in the enforcement of all applicable Virgin Islands and Federal employment laws and regulations regarding unlawful employment discrimination and equal employment opportunity. Ongoing assistance will be provided in the interviewing and the hiring processes to ensure fairness and integrity. Human Resources will assist in the development well-defined job growth policy as well as strategic efforts to increase employee efficiency and retention to better serve our student population. Department Heads must utilize an employment-related strategy based on the principles of equal employment opportunity which provide for diversity, affirmative action and internal job mobility. Section 14.02 Job Vacancies Posting/Listing The Human Resources Office will prepare all notices of vacancy for posting. The University requires that all internal vacancies be posted at least ten (10) working days and external vacancies for a minimum of fifteen (15) working days, via the official job posting website, www.careers.uvi.edu. In some instances, there may be circumstances that warrant an exception to the requirement. (See Waiver of Posting) Page: 95 Section 14.03 Waiver of Posting The University recognizes that there may be exceptions to the policy requiring the posting and/or listing requirements of regular staff positions. Any exceptions should be discussed in advance with the Human Resources Office. Submission of a waiver request meeting the criteria outlined below does not guarantee approval of the request. Each request is evaluated based on its own merits in relation to the University’s compliance requirements. Who can request a Waiver? Only a hiring supervisor or designee may request a waiver of posting. Such request must be submitted for review and consideration of approval by the Human Resources Office. Current/Previous Search: A search was previously conducted for a regular position with the same title, grade, job description, and minimum requirements; an offer was extended within the last 90 days; the nominated individual met the minimum qualifications; and the nominated individual was selected for interview from the search pool. University Best Interest: The Director of Human Resources or designee determines that it is in the University’s best interest to place an individual in an available regular position. Examples of situations that may fall under this criterion include, but are not limited to the following: Return to Work: the applicant identified is a returning employee; Layoff: person identified is currently on layoff status from the University resulting from unfunded grants and is deemed qualified to fill the vacancy; Reassignment: The person identified is an employee who is no longer able to perform the essential functions of his or her current position based on a medical condition and is deemed qualified to fill the vacancy; Resolution of a workplace issue or concern; Avoiding Layoff: Reassignment or move to another position to avoid a layoff. Waiver Request Material The waiver request material must include of the following information: Page: 96 Documentation detailing the rationale for requesting a waiver of posting a position; Résumé and application of the selected applicant; Evidence that the employment listing was sent to the Department of Labor. Review Process The disposition of waiver requests for all staff positions is determination by the Human Resources Office. Any position for which a waiver of posting is denied must be posted on www.careers.uvi.edu. Only after receiving notification that the Director of Human Resources or designee has approved the waiver request, can the hiring supervisor move forward with the selection process. The Human Resources Office will electronically generate and disseminate periodic notices of vacancies. All external recruitment advertising must be approved by the Human Resources Office prior to placement. The University will utilize the services of select agencies and companies for the preparation and presentation of vacancy notices such that the University is portrayed in a consistent and professional manner. Section 14.04 Skills Testing of Job Seekers Testing is applicable to internal and external applicants. Skills tests are a pre-requisite for selected non-exempt positions. Standardized pre- employment tests are used by Human Resources in the prescreening process. Testing material is approved by both the hiring department and Human Resources Office. In compliance with Federal and local regulations, the University will provide reasonable accommodation for all candidates for testing. Page: 97 Section 14.05 Search Committees Each hiring manager must recognize and accept responsibility and contribute to the efforts to further diversify the University’s workforce and collaborate with the Human Resources Office to comply with equal employment opportunity, affirmative action requirement, and consider internal movement (i.e. transfers) when developing an effective and appropriate search strategy. A search committee must be established by the hiring manager for each vacant position and be comprised of a diverse ethnically-represented male and female group. Human Resources will advise on the legal aspects of hiring, benefits, University policy or participate as an active committee member whenever necessary. Interview questions must avoid soliciting unlawful discriminatory information that may have a disparate impact. The search committee’s chair, hiring manager or designee must maintain documentation on all applicants. This information must be turned over to the Human Resources Office for safekeeping upon identification of the selected candidate.