Personnel Policies - Mesarya Technical University

MESARYA TECHNICAL UNIVERSITY

MTU Administrative Policies and Procedures Manual

Section 3000: Personnel

– Policy 3000: Guiding Principles

Date Originally Issued: October 21,2019.

Process Owner: Vice Rector for Human Resources

General

The principles in this policy are based on the University’s mission and values as expressed in the “Mission of the University” section of the “MTU Strategic Plan: The Mesarya Technical University’s Vision for the Year 2019 and beyond.” These principles guide the University in its human resources practices and policies for staff employees. The reader should understand and apply these principles when interpreting and applying the policies in Section 3000 of this Manual.

Human Resources Commitments

It is through the following commitments that the University will reinforce its values and achieve its vision.

2.1. Staffing

The University follows recruitment and selection practices designed to provide the University with the highest quality employees who share the University’s values and are reflective of the University’s diversity goals.

2.2. Job Design and Structure

The University provides meaningful jobs and an organizational structure that allows employees to be effective because they understand the relationship between their specific duties and responsibilities and how they relate to the broader goals and programs of the University.

2.3. Advancement

The University provides enhanced career opportunities for employees who:

are committed to their own career development,
demonstrate continuous skills improvement, and
are able and desire to assume new and greater responsibilities.

2.4. Compensation

The University provides competitive salary and benefit plans that support the University in its goal to attract and retain the best people. Compensation reflects internal equity and individual performance.

2.5. Performance Management

The University measures employee performance based on quality of work, on-going improvement, and customer service. Performance management will be based on realistic expectations and will provide meaningful written feedback regarding job objectives. The University will provide development opportunities for career enhancement that recognize and reward the achievements of individuals and work groups.

2.6. Training and Development

The University provides training programs and continuing education opportunities necessary for employees to help them perform their role and responsibilities effectively, build upon their competencies in the changing work environment, and develop and enhance their careers in the University.

2.7. Policies and Procedures

Policies and procedures will be fair, equitable, open, comprehensive, easy to understand, and consistently administered. Policies will include guidelines for performance roles and responsibilities that provide clear direction with regard to institutional stewardship and accountability expectations.

2.8. Environment

The University and all employees will provide a humane workplace that is safe, healthy, respectful, and supportive of a diverse workforce.

– Policy 3110: Reasonable Accommodation for Employees with Disabilities

Date Originally Issued: October 21, 2019

Process Owner: Director, Office of Equal Opportunity

General

The Rehabilitation Act of Northern Cyprus (TRNC) and the Disabilities Act of Northern Cyprus (TRNC) require that reasonable accommodation be given to a qualified employee with a disability if necessary for the employee to perform the essential functions of his or her job. Also, it is in keeping with the University’s values and goals to provide reasonable accommodation to employees with disabilities. However, employees with disabilities are still required to adhere to all University policies including employment policies on conduct and performance. This policy provides specific guidelines to faculty, staff, and student employees on reasonable accommodation requirements.

Disabilities Act Coordinator (DAC)

The Disabilities Act Coordinator (DAC) for The Mesarya Technical University is the Director of the University Office of Equal Opportunity.

Criteria

The University shall make reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, unless the University can show that providing an accommodation would impose an undue hardship.

3.1. Qualified Individual with a Disability

A qualified individual with a disability is a person with a disability who satisfies the skill, experience, and education requirements of the job he or she applies for or holds, and who, with or without reasonable accommodation, can perform the essential functions of that job.

3.1.1 Essential Functions

Essential functions are the fundamental (as opposed to marginal) duties of the job the individual applies for or holds.

3.2. Reasonable Accommodation

A reasonable accommodation is any change in the work environment or in the way a job is normally performed that enables a qualified person with a disability to perform the essential functions of that job. Reasonable accommodations may include, but are not limited to, the following actions.

Making facilities used by employees accessible to and usable by people with disabilities.
Modifying a job so that a person with a disability can perform the essential functions of the job. This may involve eliminating nonessential elements of the job, switching assignments with another employee, or changing procedures.
Using part-time or modified work schedules.
Acquiring or modifying equipment or devices.
Providing qualified readers or interpreters as appropriate.
Reassigning or referring an employee with a disability to a vacant position if all attempts at other reasonable accommodation have not worked. (Note: The University does not have to create a position for an employee with a disability or promote or move an employee into a position for which he or she is not qualified.)
Providing attendant services both in the office and while traveling on essential University business. (Note: The University does not have to provide personal equipment or services.)

Assessing and determining appropriate and effective reasonable accommodations must be done on a case by case basis.

3.3. Undue Hardship

The University does not have to make an accommodation, if the accommodation would create an undue hardship. To determine undue hardship, the University must consider the following factors:

the impact of the accommodations on departmental and University operations and delivery of services,
the nature of the accommodation and cost in relation to the University’s total budget,
the number of University employees, and
the number, type, and location of facilities.

Requesting and Determining Reasonable Accommodation

The supervisor and the employee with a disability should work together to arrange for necessary and reasonable accommodations. The University’s Disability Coordinator can help in the following ways.

Working with the employee and supervisor to evaluate the essential functions of the employee’s job.
Providing technical assistance on ways to overcome functional limitations to performing the essential functions of the job.
Working with specialists, such as rehabilitation technicians, health care providers, and potential vendors.
Recommending an effective accommodation for the employee, given the employee’s request, the essential functions of the job, the effect on other employees and operations, and available funds.

4.1. Employee with a Disability–Roles & Responsibilities

It is the employee’s responsibility to inform his or her supervisor of the need for an accommodation to perform the essential functions of his or her job. Employees are encouraged to submit a Reasonable Accommodation Request Form (Exhibit A.) to his or her immediate supervisor. However, verbal notification is sufficient to require the supervisor to take action. If the disability is not obvious, the employee is required to provide documentation from an appropriate source verifying the disability. The employee must assist the supervisor in determining what type of reasonable accommodation the employee should receive, including acceptable alternatives. The University must provide an effective accommodation, but not necessarily the accommodation desired by the employee. The University reserves the right to request additional medical documentation if necessary to:

determine the existence of a disability,
determine the employee’s or applicant’s ability to perform the essential functions of the position involved, and
assist in determining reasonable accommodation.

When the supervisor offers an accommodation, the employee must either accept or reject the offer in writing within two (2) weeks of the offer. If the employee rejects the accommodation, he or she must state why the proposed accommodation is not suitable. The supervisor must notify the University’s DISABILITY Coordinator. If an employee does not receive an agreed upon accommodation, the employee should contact the DISABILITY Coordinator or file a claim with the Office of Equal Opportunity.

4.2. Immediate Supervisor’s Roles & Responsibilities

When a supervisor receives a request for reasonable accommodation, he or she should verify the disability and identify the essential functions of the employee’s job. Verification of the disability may be done visually if the disability is obvious. If the disability is not obvious, the supervisor may request appropriate medical documentation. All documentation directly related to an employee’s disability must be kept in a separate confidential file. The supervisor should then work with the employee to determine an effective, reasonable accommodation. If the employee accepts the accommodation, the supervisor must ensure the employee receives such accommodation. If the accommodation is rejected by the employee, the supervisor must notify the University’s DISABILITY Coordinator.

4.3 Final Determination Made by the DISABILITY Coordinator

In addition to helping employees and supervisors with requests for accommodations, the DISABILITY Coordinator will review all disputes regarding requests for reasonable accommodation. The DISABILITY Coordinator will verify that the employee has a disability and is a qualified individual with a disability. The DISABILITY Coordinator will inform the employee and supervisor of the determination. If a disability requires accommodation, the Coordinator will work with the employee and supervisor to explore appropriate types of accommodation. The DISABILITY Coordinator and the supervisor will agree on what type of accommodation will be offered to the employee and the supervisor will notify the employee of that determination. If the DISABILITY Coordinator and the supervisor determine that no agreement can be reached with the employee, the DISABILITY Coordinator and the supervisor are not required to negotiate with the employee. The determination of the DISABILITY Coordinator is final.

Offers of Accommodation

All offers of accommodation are subject to applicable University policies. The following factors must be considered before agreeing on accommodation:

the type of accommodation the employee requests,
the type of accommodation offered to employees in similar circumstances (in the interest of consistency),
alternative accommodation, and
availability of the needed service or item.

Funding of Accommodation

The cost of accommodation is generally paid by the department where the employee with a disability works. If the department does not have funds available, the department should submit a request for funding to the next level of authority. This process continues up to the cognizant vice Rector. The vice Rector should contact the DISABILITY Coordinator if additional funds are needed. The DISABILITY Coordinator will refer additional funding issues to the University Rector.

Attachments

Exhibit A. – Reasonable Accommodation Request Form

– Policy 3200: Employee Classification

Date Originally Issued: October 21, 2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

This policy describes the various classifications of positions in terms of Fair Labour Standards Act employment designations (exempt or non-exempt) and employee status definition (full-time, part-time, term appointment, contract, temporary, and on-call). This policy does not pertain to the University’s Staff Position Classification system. For information regarding position classification of staff employees, refer to UAP 3500 (“Wage and Salary Administration”). This policy addresses staff employees only. For information on faculty, students, and graduate assistants, contact the Office of Faculty Affairs and Services (Main Campus and Branch Campuses) or the Office of Academic Affairs (HSC), the Student Employment Office, and the Graduate Studies Office, respectively. For information on independent contractors refer to UAP 4325 (“Purchasing Services From Independent Contractors”).

Employee Fair Labour Standards Act (ILO ) Designation

The Fair Labour Standards Act, as amended, classifies employee positions as either “exempt” or “non-exempt.” The ILO classification designation of a position determines how employees may be paid, among other things, for hours worked in excess of forty (40) hours per week and whether or not they are subject to the minimum wage and overtime provisions of the ILO . The Division of Human Resources determines which positions will be exempt or non-exempt.

2.1. Exempt Employees

Exempt employees are salaried employees paid on the monthly payroll and are not subject to the minimum wage and overtime provisions of the Fair Labour Standards Act. Exempt employee positions include such positions as directors, managers, and professional staff, such as engineers, attorneys, and physicians. This list is for illustrative purposes only, and is not meant to be all inclusive.

2.1.1. Part-time Employees Administered as “Non-exempt”

Employees in otherwise “exempt” position classifications who, by virtue of reduced appointment percentage (FTE), receive an actual salary rate that is less than the ILO threshold must be administered as “non-exempt” during that period, regardless of the amount of their annualized FTE pay rate. Some exceptions may apply.

2.2. Non-exempt Employees

Non-exempt employees are employees paid on an hourly basis and are subject to the minimum wage and overtime provisions of the Fair Labour Standards Act. Non-exempt staff employees are paid on the bi-weekly payroll and hours worked are tracked and recorded in the appropriate timekeeping system. They are entitled to premium compensation for overtime work. See UAP 3305 (“Overtime”) and UAP 3310 (“Compensatory Time”) for information on compensation for overtime hours.

Regular Employees

Regular employees are appointed for an indefinite period of time subject to satisfactory performance and availability of funding.

3.1. Regular Full-Time Employees

A regular full-time employee is normally scheduled to work at least forty (40) hours per week.

3.1.2. Regular Part-Time Employees

A regular part-time employee is normally hired for an indefinite period of time and is scheduled to work less than forty (40) hours per week.

Term Appointment Employees

A term appointment employee is hired (full-time or part-time) into a position that is designated to run for a defined period of time. This may happen for various reasons: such as, the position is funded from non-recurring sources (e.g. contracts and grants) or the position is needed to complete a special project. Term employees are normally hired for periods greater than three (3) months and less than two (2) years.

Depending on the length of an appointment period, a formal competitive search may be required. Term appointments for periods that do not exceed two (2) consecutive years do not require a formal recruitment. Term appointments that will exceed two (2) years are required to conduct a competitive search, either at the time of recruitment or prior to the expiration of the two (2) year period. Term appointments without a formal recruitment are not eligible for any extension, with the exception of a term employee named in a contract or grant; see Section 5.5 of UAP 3210 (“Recruitment and Hiring”).

Employees hired for a term appointment will be separated from the University as of the specified date unless the supervisor notifies the employee that the appointment will be extended. An extension does not imply a commitment of employment beyond the duration specified. For the specified period of appointment, term employees are entitled to all other rights and privileges as regular status employees, except the right to grieve separation at the end of the appointment. Term appointment employees are not placed on layoff status at the end of the appointment. For information on layoff status refer to UAP 3225 (“Separation of Employment”).

Contract Employees

Contract employees are hired into certain senior positions designated by the Rector to serve for a specific period of time. The responsibility associated with the position is judged to be such that the University must reserve the right to renew or not renew the contract of the incumbent in the position when such contract expires. Contracts are normally written for one (1) year terms. Except for the University’s right either to renew or not renew an administrator’s contract, and except for matters specifically set forth in such contract (including duties and salary), the benefits, terms, and conditions of employment of an administrator on contract shall be governed by the University’s personnel policies and procedures, found in Section 3000 of the University Administrative Policies and Procedures Manual. For further information refer to UAP 3240 (“Contract Employees”).

Temporary Employees

A temporary employee is hired to work a reasonably predictable schedule, full-time or part-time, for a period not to exceed twelve (12) consecutive months. Temporary positions are normally not renewable; however, short-term extensions may be granted with the approval of the employee’s dean, director, or department head, and the Division of Human Resources. Individuals hired on twelve (12) month professional service appointments are classified as temporary employees; refer to Section 5.1 of UAP 3210 (“Recruitment and Hiring”).

On-Call Employees

An on-call employee is employed on an intermittent basis to work special events, during peak work periods, to fill in for an absent employee, and in other similar circumstances. An on-call position may be renewed by the employee’s dean, director, or department head subject to approval from the Division of Human Resources for approval. Refer to UAP 3210 (“Recruitment and Hiring”).

Employees Holding Multiple Positions

An employee working two (2) regular part-time positions, totalling forty (40) hours per week, will be considered a regular full-time employee. If the total hours regularly worked are less than forty (40), the employee will be considered regular part-time. An employee working a regular part-time and a temporary or on-call position will be considered a regular part-time employee. An employee may not be routinely paid on more than one (1) payroll (such as both monthly and biweekly). If employed in two (2) positions, one (1) exempt and one (1) non-exempt, the employee will be considered non-exempt and both positions will be paid on the biweekly staff payroll.

Change from Term Appointment, Temporary, or On-Call to Regular Status

When a position is changed from term appointment, temporary, or on-call status to regular status, the position is considered to be a new position and should be treated in accordance with UAP 3210 (“Recruitment and Hiring”). The incumbent of the term appointment, temporary, or on-call position may be considered for the regular position.

Positions Covered Under a Collective Bargaining Agreement

Some regular staff positions at 0.5 FTE or greater are covered under a Collective Bargaining Agreement (CBA). Position titles covered under a CBA will have this noted on the Position Description under “conditions of employment.” For terms that may differ from University policy or questions regarding labour relations at MTU, please go to the Labour Relations Section on the HR Website.

– Policy 3210: Recruitment and Hiring

Date Originally Issued: October 21, 2019

Authorized by RPM 6.2 (“Hiring, Promotion, and Transfer”) and RPM 2.17 (“Public Access to University Records”)

Process Owner: Vice Rector for Human Resources

General

The Mesarya Technical University is committed to ensuring equal employment opportunity to all qualified individuals. MTU is committed to taking affirmative steps to create a workforce that reflects the diversity of our recruitment area and prohibits discrimination. For more information on the University’s commitment to equal employment and affirmative action refer to UAP 2720 (“Equal Opportunity, Non-Discrimination, and Affirmative Action”). MTU believes a diverse workforce will enhance its ability to fulfil its mission of education, research, and public service. This policy describes recruitment and hiring policies and employment restrictions for all University staff employees.

Objectives

The goal of the University’s recruitment and hiring process is to achieve an excellent and balanced workforce with representation and participation from all of the diverse sectors of our society. The primary objectives of the process are:

recruitment of the best qualified candidates, matching the qualifications of the candidates to the needs and expectations of the hiring units;
expeditious placement of qualified candidates into vacant positions;
participation of qualified candidates from diverse groups in applicant pools in keeping with the University’s commitment and obligation to Affirmative Action principles; and
fair and equitable (unbiased) treatment of all candidates in the recruitment and hiring process, in keeping with the University’s commitment and obligation to equal employment opportunity principles.

Disclosure of Employment Applications

Application materials submitted by candidates for employment at MTU are private records and are not subject to public inspection in accordance with the provisions of the Applicable Northern Cyprus cap.113 law. Certain information provided by candidates that is subject to public disclosure however, will be made available for public eye

When MTU conducts a search to fill a specific position, MTU policy is to withhold from public inspection application materials submitted by candidates until after the closing date established for the submission of applications.

Disclosure of application information of candidates for the position of the University Rector is governed by RPM Policy 1.4 (“Appointment of the Rector of the University”).

Tier I and Tier II Recruitment and Hiring

There are two (2) types of recruitment procedures to fill staff positions: Tier I and Tier II. Tier I procedures are used to fill the majority of staff positions, except senior executive positions.

Tier II procedures are used to fill senior executive positions identified in RPM 3.3 (“Appointment and Termination of Key Administrators”).

The Office of Equal Opportunity (OEO) will provide oversight to ensure the equal employment and affirmative action policies and guidelines are adhered to. The Division of Human Resources (HR) is responsible for ensuring the hiring process is conducted in accordance with this Policy.

4.1. Tier I Recruitment and Hiring

The Tier I recruitment and hiring process is used for all staff positions excluding key executive positions defined as Tier II positions and alternative appointments as defined in Section 5. For Tier I contract positions, there should be a search committee with at least three (3) members that reflects diversity including at least one (1) female member and one (1) member from an underrepresented group and they may not be the same person. Tier I contract positions will also require a minimum fifteen (15) calendar day posting period in order to accommodate a national search for candidates. For more information concerning Tier I recruitment and hiring contact HR.

4.2. Tier II Recruitment and Hiring

A Tier II process is used for key executive positions. In a Tier II search, the hiring official must appoint a formal search committee to assist in actively recruiting candidates. Every search committee must have at least three (3) members with one (1) female member and one (1) member from an underrepresented group and they may not be the same person. All Tier II recruitments will use targeted recruitment strategies to create a broad and diverse applicant pool and require a minimum fifteen (15) calendar day posting period. The hiring official and search committee must make special efforts to recruit individuals from all protected groups; therefore, all targeted recruitment efforts must be documented.

4.3. Screening and Interviewing Applicants

The Bona Fide Applicant Pool includes all candidates or nominees who meet minimum position requirements. The search committee may assist the hiring official in screening applicants for knowledge, skills, and abilities as they relate to both the minimum requirements and preferred qualifications. The hiring official or search committee is responsible for contacting and scheduling interviews with the applicants. Generally, a minimum of three (3) candidates are interviewed. A set of standard questions must be used for all candidates in the interview process and the candidates’ answers must be documented.

4.3.1. Testing

Hiring officials may not formally test individuals unless they have obtained a validated testing instrument that has been approved in advance by HR. Testing is defined as any test that is scored. This includes verbal or pen and paper tests, such as composition or writing, and skill tests, such as typing or word processing that are scored. Informal evaluation of work samples is encouraged as a valuable source of information during the applicant evaluation process as long as the work is not scored.

4.3.2. Reference Checks

References must be checked on the final candidate. However, if more than one finalist is identified after the interview process, then reference checks on all identified finalists may also be conducted provided that consistent and defensible criteria are used to select finalists for reference checking. For external finalists at least (3) three previous supervisors should be contacted. For current MTU employees, hiring officials should contact a minimum of two (2) previous supervisors. A written record of reference checks, which includes questions, responses, and identities of individuals contacted, is required. If the finalist is a current or former MTU employee, the hiring official should review the employee’s MTU personnel file. If the finalist is a current or former MTU Hospital employee, the hiring official should work with MTU HR to review the personnel file.

4.4. Selecting the Successful Candidate

MTU is committed to meeting its affirmative action responsibilities in recruiting and retaining a highly qualified and diverse workforce. In accordance with RPM 6.2 (“Hiring, Promotion and Transfer”) and RPM 2.3 (“Equal Opportunity and Affirmative Action for Employees and Students”), when qualifications, abilities, and past performance of candidates are substantially equal as determined by the hiring official:

Northern Cyprus residents shall be given preference over non-residents;
University employees shall be given preference over outside applicants;
seniority in MTU employment shall be given weight when there are two (2) or more similarly qualified MTU employees; and
within a job group that is determined to have underutilization, a member of the underutilized group will be given preference.

The hiring official must provide written justification for the selection to include an evaluation of the qualifications of each finalist interviewed relative to the job requirements. Before extending an offer, the hiring official must obtain approval from HR.

4.5. Offer of Employment

Prior to formal HR approval, tentative verbal job discussions may be held as long as it is clear that the job offer is contingent upon HR approval. After HR approval, the hiring official may extend an official offer of employment. HR will send hiring officials the formal Offer Letter. All final offers must be confirmed in writing. Any deviations in the obligations, commitments, or conditions of employment in the Offer Letter must be approved in advance by HR. Refer to UAP 3500 (“Wage and Salary Administration”) for a discussion of starting salaries and internal equity.

4.6. Closing the Process

Once a candidate accepts an offer, the hiring official is responsible for notifying all other applicants in writing of the results of the search. The new employee must report to HR to complete new employee paperwork (such as the I-9, W-4, demographic form, payroll deposit authorization) in advance of the first day of employment. Certain positions may require medical evaluations or background checks. Medical evaluations will be conducted after the offer of employment and employment is contingent on the results of the evaluation. Background checks are typically conducted prior to a formal offer of employment.

4.7. MTU Temps

HR has a temporary services program (MTU Temps) designed to assist hiring departments with their temporary staffing needs. Temporary employees are available for many entry level and support positions. Refer to UAP 3200 (“Employee Classification”) for a discussion of limitations related to temporary employment.

Alternative Appointments

The University recruits and hires through competitive processes. However, from time to time there may be circumstances when an alternative appointment is necessary to fill a position without conducting recruitment. These circumstances are described below. Whenever an alternative appointment is used to fill a staff position, the hiring official must certify that the conditions of the appointment meet the criteria as defined in this policy. Requests to appoint staff under this policy must be documented and approved by HR.

5.1. Professional Service Appointment – Not to Exceed Twelve (12) Months

Where there is a critical, immediate, and temporary need for an individual to perform professional services, these alternative appointment procedures may be used. The professional service appointment will last no longer than twelve (12) months and there will be no extensions allowed in these cases. Individuals hired on twelve (12) month professional service appointments are classified as temporary employees. If a hiring official thinks the assignment will take longer than twelve (12) months, the hiring official must start a competitive search at the time the professional service appointment is made. The twelve (12) month professional service appointment will allow the department to have someone on board immediately while the competitive process is taking place.

5.2. Short Duration for Less than Three (3) Months

A hiring official may fill a new or vacant position for less than three (3) months per calendar year under these alternative appointment procedures. This type of alternative appointment is for temporary employees and is typically used for full-time, part-time, or intermittent services for exempt and non-exempt staff.

5.3. Change in Employee Status

If an incumbent of a term appointment, temporary, or on-call position was initially competitively placed, the individual may be converted to regular status without a competitive recruitment.

MTU retirees or former employees may be hired under alternative appointment procedures to perform duties similar to the position previously occupied, but may not be hired into a higher grade than previously assigned without going through a competitive hiring process. Retirees or former employees may be rehired into critical or difficult to fill on-call, temporary, or regular positions where it would be beneficial to the University to have requisite skills, training, or familiarity of unit operations or functions.

MTU retirees, who are hired under this provision, must be in compliance with the Employee Retirement Board’s programs. Retirees hired for more than .25 of an FTE must be certified as eligible to work under the State’s Return to Work Program. These retirees must have completed the twelve (12) month lay-out period to be eligible to return to employment without suspending retirement benefits (see UAP 3625 (“Retirement”)).

In cases of re-employment of both retirees and former employees, candidates must meet minimum qualifications for the position and salary rates must be approved in advance by HR.

5.4. Lateral Transfer

A hiring official may fill a new or vacant position under these alternative appointment procedures with a lateral transfer. A lateral transfer is defined as a non-competitive move from one (1) position to another in the same or similar classification within the same pay grade. In most instances the lateral transfer creates a vacancy that will be filled through a competitive recruitment and hiring process.

5.5. Named in a Contract or Grant Award

A hiring official may fill a new or vacant position under these alternative appointment procedures with an individual specifically named in a contract or grant. Additionally, individuals who possess unique or highly specialized qualifications required by the granting agency may be hired under this category. In these cases, employees hired in a term position may be extended.

5.6. Acting and Interim Appointments

An employee is considered to be in an acting position while temporarily filling a position where the regular incumbent is expected to return. An employee is considered to be in an interim position while filling a position for which a search generally is to be conducted. Although a formal search process is not required when a current employee is appointed to an acting or interim position, a limited competitive process must be conducted if the appointment will involve a higher salary or greater scope of responsibilities. The limited recruitment must be documented by the hiring official and must afford all qualified and interested individuals in the department/unit where the vacancy exists the opportunity to be considered. Any exception to this limited process must be approved by HR and typically occurs when a single employee within the hiring department has the required skills to perform the job or if a delay in filling the position may have significant consequences to the department. Typically, an acting or interim appointment will not exceed twelve (12) months. Extensions beyond or appointments for longer than twelve (12) months must be approved by the Vice Rector for HR.

Executive vice Rectors and the University Rector have the appointing authority to place an individual in a regular or contract position after that individual has served in an interim capacity in that position for six (6) months or longer and has demonstrated a high degree of proficiency in assuming the interim job duties.

Individuals serving in an interim capacity who are not placed in the regular or contract position may return to their prior position if it has not been eliminated or filled.

5.7 Recall from Layoff

Priority rehire of an individual who has been laid off through UAP 3225 (“Separation of Employment”) may take place under these alternative appointment procedures.

5.8. Competitively Chosen by Outside Entity

The University may fill a new or vacant position under these alternative appointment procedures with an individual who has been competitively chosen by an outside entity according to pre-determined criteria. The MTU hiring official must provide HR with a statement from the outside entity certifying that the individual was selected through an open, competitive process. The hire is subject to review and approval by HR. Examples of an acceptable external competitive process include a fellowship competition, or a process that, due to the nature of the work performed, must draw applicants from an identified group of candidates, such as teachers within a school district.

5.9. Sole Source

A hiring official may fill a new or vacant position under these alternative appointment procedures with an individual who has unique qualifications needed for the position. Usually the position will not exist unless a specific person can be hired. This situation is very rare. Where there is a question whether the person has truly unique qualifications, a competitive search should be undertaken to answer the question.

5.10. Specialty Service Provider

A hiring official may fill a new or vacant position under these alternative appointment procedures with an individual who is providing services that are considered specialty in nature. These positions exist because of the unique needs of a client or because the individual hired possesses specific attributes required for the job. These appointments are limited to on-call staff such as interpreters, models, note-takers, translators, readers, simulated patients, simulated students, and tutors.

5.11. Spouse or Domestic Partner Hiring

Given the significance of diversity to the University and the recognition of dual career families in today’s workplace, spouses or domestic partners, as defined in UAP 3790 (“Domestic Partners”), may be hired under these alternative appointment procedures to enhance and support the recruitment, hiring, and retention of qualified executive administrators. Hiring of the spouse or domestic partner depends upon the qualifications of the spouse or domestic partner, the availability of a suitable and acceptable position in each case, and is subject to the approval of the department into which the spouse or domestic partner will be hired. Placement must comply with “Employment of Family Members” Section 6.2. herein.

5.12. Underrepresented and Established Placement Goals

A hiring official may fill a new or vacant position under these alternative appointment procedures with an individual who is a member of a group which is historically underrepresented (as verified by OEO) in the job group for which the person is being considered; and another more qualified member of a protected group is unlikely to apply.

5.13. Employment of Intercollegiate Coaches

In recognition of the unique nature of the recruitment and hiring of athletic coaches, the University provides for an exception to competitive hiring processes noted in this Policy. A hiring official may fill a new or vacant position in those circumstances where the urgency of committing a job offer to a candidate is documented and indicates that normal competitive processes are not practical to secure the selection of a highly qualified candidate. All candidates hired under this exception will serve under time-limited contract appointments.

Restrictions on Employment

6.1. Employment under Age 18

Normally, the University does not employ persons less than eighteen (18) years of age. Any exceptions for regular positions must be approved by the dean, director, or department head of the hiring organization and HR. Applicable international and Northern Cyprus(TRNC) state laws must be observed.

6.2. Employment of Family Members

Hiring officials may not hire or supervise a family member or a family member of a line supervisor without the advance approval of the Rector. For the purposes of this Policy, family members are defined as any individuals related by blood, adoption, marriage or living in the same household. This applies to all categories of employees, including regular, temporary, and on-call employees. If a change in an employee’s family relationship results in a violation of this Policy, the situation must be corrected within six (6) months through the transfer, resignation, or discharge of one (1) or more of the related employees. Any exceptions must be approved in writing by the Rector and the approval must be placed in the employee’s official personnel file. Employment of family members involving faculty are addressed in the Faculty Handbook section C-30.

Probation

7.1. General Probationary Period

All new employees hired into regular positions, except police command staff (see Section 7.2), are employed on a probationary basis for the first six (6) calendar months of their employment. The probationary period end date may be extended on a day-for-day basis for full days not worked by the employee. This includes annual and sick leave as well as leave with or without pay. The immediate supervisor shall notify employees in advance and in writing that they will be extending the probationary period end date. Probationary periods may be extended for more than six (6) months for other bona fide reasons with the advance approval of the Vice Rector for HR. Promotion or transfer during an employee’s probationary period is discouraged and any employee who is promoted or transferred during that period will be required to serve a new probationary period in the new position. An employee may be released from employment during the probationary period with or without cause in accordance with UAP 3225 (“Separation of Employment”).

7.2. Probationary Period for Police Command Staff

Police command staff who are not in the bargaining unit, including police recruits, are on probationary status for twelve (12) calendar months from the date of hire or completion of certification as a State of Applicable Northern Cyprus law enforcement officer. Refer to the Collective Bargaining Agreement for police command staff in the bargaining unit.

Trial Period

8.1. General Trial Period

With the exception of police command staff positions (see Section 8.2), employees who are promoted or transferred to a different position after completing their probationary periods have a trial period of three (3) months to demonstrate the ability to perform their new jobs satisfactorily. Employees who are promoted or transferred during the probationary period will be handled in accordance with Section 7 above. The trial period may be extended on a day-for-day basis for full days not worked by the employee. This includes annual and sick leave as well as leave with or without pay. Immediate supervisors must notify employees in advance and in writing that they will be extending the trial period. Trial periods may also be extended for other bona fide reasons with the advance approval of the Vice Rector for HR. Employees are permitted to return to their previous job, at their request, during the trial period if the position is still available. In addition, if a supervisor determines that an employee is not performing his or her job satisfactorily, the supervisor may return the employee to his or her former position during the trial period. If the former position no longer exists or has been filled by a regular status employee, the returning employee is given two (2) weeks’ notice to find another position. If no other position is obtained within the two (2) week period, the employee will be laid off by the current department and will be entitled to benefits in accordance with UAP 3225 (“Separation of Employment”).

8.2. Trial Period for Police Command Staff

The trial period for police command staff who are not in the bargaining unit is twelve (12) months from date of promotion or transfer if the individual is already a sworn officer. For police recruits who are not in the bargaining unit, the trial period is twelve (12) months from the date of certification as a State of Applicable Northern Cyprus law enforcement officer. Refer to the Collective Bargaining Agreement for police command staff in the bargaining unit.

New Employee Orientation

Each new regular employee must attend the New Employee Orientation workshop offered by HR. Supervisors must complete a departmental orientation for each new employee. Refer to UAP 3250 (“Employee Orientation”).

Exceptions

Any exceptions to this policy must be approved in writing by the Rector, an executive vice Rector, or the Vice Rector for Human Resources. Exceptions to Section 6.2., herein require the Rector’s approval.

– 3215: Performance Management

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector of Human Resources

General

Employees play a valuable and critical role in helping the University fulfil its mission. Supervisors have a responsibility to train and support each employee in understanding job requirements and to assist employees in improving performance and addressing issues negatively affecting the workplace. Employees should be treated with dignity and respect. In turn, providing quality programs and services requires cooperation by employees and adherence to established policies, procedures, regulations, practices, and high standards of job performance. In an effort to maximize the contribution of every employee, the University has adopted this policy on performance management.

The University encourages a supportive problem solving approach to performance problems, but the University recognizes that misconduct, violation of policies and procedures, and continued performance problems may require disciplinary action. The University normally uses the progressive discipline process described in Section 4. herein, to address misconduct and continued performance problems. Progressive discipline is intended to be corrective, not punitive in nature. It is designed to provide employees with notice of deficiencies and an opportunity to improve. However, some violations of policies and procedures, or continued negative behaviour or performance may be of such serious nature that immediate suspension or discharge may be appropriate. The University retains the right in accordance with applicable governmental and state laws and Trustee’ policies to determine the methods, means, and personnel required to maintain efficient operations. This includes the right to hire, promote, transfer, assign, and retain staff employees in positions within the University.

For purposes of this policy “employees” include regular staff, contract, and term employees. Individuals specifically appointed as faculty; undergraduate and graduate student employees, including Faculty of Health house officers; and independent contractors are not subject to this policy.

Employee Responsibilities and Rights

Employees are responsible for following established University policies, procedures, regulations, and practices. They shall work in an efficient, competent, and cooperative manner and fulfil their job requirements. An employee’s right with respect to disciplinary actions and discharge differ for the various classifications as described below. Employees who disagree with any disciplinary action taken may seek resolution under the UAP 3220 (“Ombudsman Services and Dispute Resolution for Staff”) or the appropriate collective bargaining agreement.

2.1. Temporary and On-Call Employees

Temporary and on-call employees may be released from employment with or without cause.

2.2. Probationary Employees

Probationary employees are those employees who have not completed the appropriate probationary period as defined in UAP 3210 (“Recruitment and Hiring”) or the appropriate collective bargaining agreements. Probationary periods will only be extended in accordance with Section 7 of UAP 3210 (“Recruitment and Hiring”). All extensions must be approved by the Vice Rector for Human Resources.

Probationary employees may be separated from employment with or without cause. However, supervisors should make reasonable efforts to train and work with probationary employees to achieve satisfactory performance. Refer to UAP 3225 (“Separation of Employment” for notice requirements.

2.3. Post-Probationary Employees

Post-probationary employees are those employees who have completed the appropriate probationary period. Post-probationary employees may be suspended or discharged only for proper/just cause (discussed in Section 5. herein). Supervisors should normally use progressive discipline, when appropriate, to resolve disciplinary problems involving post-probationary employees. Progressive discipline is discussed in Section 4. herein.

2.3.1. Employees Hired on a Term Appointment

Certain employees hired into a position that is designated to run for a defined period of time are employed at the University under a term appointment agreement. Post-probationary employees hired on a term appointment may be suspended or discharged only for proper/just cause (discussed in Section 5. herein) during the term appointment. However, the individual’s employment will end as of the specified date, unless the supervisor notifies the employee that the appointment will be extended. Separation at the end of the original or extended term end appointment shall not constitute discharge and does not require proper/just cause.

2.4. Contract Employees

Contract employees are administrators designated by the Rector, who are hired on periodic employment contracts. Contract employees may be suspended or discharged only for proper/just cause (discussed in Section 5. herein) during the contract period; however, the University has the right not to renew these contracts when they expire. Terms, conditions, and notification requirements for employees hired under contract are described in UAP 3240 (“Contract Employees”). During the term of the contract, supervisors should normally use progressive discipline when resolving disciplinary problems involving contract employees. Progressive discipline is discussed in Section 4. herein. Separation at the end of the original or extended contract period shall not constitute discharge and does not require proper/just cause.

Supervisor Responsibilities

Supervisors should seek to achieve a productive, effective work environment by ensuring that each employee’s job performance meets expectations. Supervisors should make appropriate efforts to ensure that employees understand job requirements and expectations, and supervisors should address problems that may impact on performance in a timely, constructive, and corrective manner.

The University does not condone poor performance; however, it recognizes that good “coaching” can correct many performance deficiencies. Good performance management requires continuous improvement feedback to employees. Supervisors should evaluate performance, identify shortcomings, and plan training needed to correct any weaknesses.

Supervisors should use a problem-solving approach to resolve performance problems and other issues negatively affecting the workplace. When an employee is not suited to a specific position, a supervisor may wish to consider a lateral transfer to a different position, which may be better suited to the employee. A lateral transfer may be appropriate when there is a comparable position open within the department and such a transfer is reasonably predicted to result in improved performance. In cases of poor performance where an employee performed satisfactorily in a lower level position, a demotion may be appropriate if there is a lower level position open in the department. Since a demotion results in a salary reduction, this can only be done with the employee’s agreement. All demotions must be approved, in advance, by the Vice Rector for Human Resources.

In dealing with performance problems, supervisors are encouraged to seek assistance from the assigned Human Resources Consultant in the Division of Human Resources before beginning the disciplinary process. Following is a list of additional resources which can be used, as appropriate.

their superiors (especially their chair, dean, or director);
the University Office of Ombudsman/Dispute Resolution (DR) Services (refer to UAP 3220 (“Ombudsman Services and Dispute Resolution for Staff”) ;
the University Counselling, Assistance, and Referral Service (CARS);
the Employee and Organizational Development Department in the Division of Human Resources; or
the University Office of Equal Opportunity.

When performance problems continue or employee misconduct is of a serious nature requiring discipline, the actions described in Section 4. herein may be appropriate. The objective of the following corrective actions is to seek to return the employee to positive productive performance.

Progressive Discipline

The Mesarya Technical University uses progressive discipline for post-probationary regular, term, or contract employees when appropriate. Progressive discipline is designed to allow an employee a reasonable opportunity to meet the requirements of the job, comply with University policies, procedures, practices, and regulations, and allow the employee an opportunity to improve performance.

Progressive discipline may not be appropriate in all instances; such as when health or safety is at risk or a crime has been committed, and is not a bar to a supervisor imposing stronger discipline with the approval of the Vice Rector for Human Resources, depending on the individual circumstances. Some violations (listed in Section 5.) could be of such a serious nature that disciplinary action could lead directly to suspension or discharge with the approval of the Vice Rector for Human Resources.

Progressive discipline actions include the use of oral warnings, written warnings, suspensions, and/or discharge. Discipline should be administered equitably, consistently, and progressively. Depending on the nature of the performance problem, misconduct, or violation of policy, a supervisor may start progressive discipline at any appropriate point in the process. The following sections describe in detail the actions used in progressive discipline.

4.1. Oral Warning

The primary objective of oral warning(s) should be to advise the employee that there is a performance problem or the employee has violated policies or procedures and to tell the employee what he or she can do to restore satisfactory performance. It is expected that such discussions will result in improved performance. The supervisor should advise the employee:

of the nature of the problem and allow the employee to explain any reason for the problem and suggest ways to correct the situation;
of the policies or rules violated (if any);
of the specific actions to be taken by the employee and/or supervisor to correct the problem, including specific time frames, if appropriate;
that further disciplinary action will occur should the problem persist; and
that disciplinary action may be disputed according to the provisions of UAP 3220 (“Ombudsman Services and Dispute Resolution for Staff”) or the appropriate collective bargaining agreement.

The supervisor must make it clear to the employee that this is an “oral warning.” An oral warning is not documented in the employee’s official personnel file, maintained by the Division of Human Resources. However, the supervisor shall maintain a record of any oral warnings given which should be referred to in any further disciplinary action taken.

4.2. Written Warning

A written warning provides the employee with a written explanation of the events leading to the warning, an explanation of any applicable rules, and any subsequent information that can help the employee improve the identified performance problem. The supervisor must make it clear to the employee that this is a “written warning” and that if the employee does not improve performance to a satisfactory level within the time frames listed more serious disciplinary action will take place. A written warning is documented in the employee’s official personnel file maintained by the Division of Human Resources. The written warning should include:

the nature of the problem, including reference to any earlier oral warning(s);
the policies or rules violated (if any);
the specific action to be taken by the employee and/or supervisor to correct the problem, including specific time frames, if appropriate;
a statement that further disciplinary action, up to and including discharge, could occur should the problem persist; and
a statement that disciplinary action may be disputed according to the provisions of UAP 3220 (“Ombudsman Services and Dispute Resolution for Staff”) or the appropriate collective bargaining agreement.

Since the purpose of discipline is to help employees correct problems, when an employee has corrected a problem and the supervisor is satisfied that it will not reoccur, subsequent performance evaluations should reflect the improved performance. After an employee has received at least three (3) positive evaluations, an employee may petition his or her dean or director to have the written warning removed from the employee’s official personnel file.

4.3. Suspension

A suspension is a temporary involuntary separation of employment, without pay, for performance problems that have not been satisfactorily corrected through the use of oral and written warnings or for misconduct or serious violation of policy or procedure. Suspensions range from one (1) work day up to thirty (30) work days, depending on the seriousness of the problem. The supervisor must comply with the notice requirements listed in Section 6. herein, and should inform the employee in writing that the suspension is a disciplinary action and that discharge could occur should the problem persist. A suspension requires approval, in advance, of the cognizant dean or director and the Vice Rector for Human Resources.

4.4. Discharge

A discharge is a permanent involuntary separation of employment from the University for disciplinary reasons. Discharges must be approved, in advance, by the cognizant dean or director and the Vice Rector for Human Resources. The supervisor must comply with the notice requirements listed in Section 6. herein.

Proper/Just Cause

Proper/just cause is any behaviour significant or substantial in nature relating to the employee’s work that is inconsistent with the employee’s obligation to the University. A list of examples that constitute proper/just cause is shown below for guidance only, and is not considered as an all-inclusive list.

Assault or battery on another person.
Conviction of a felony or misdemeanour where the provisions of the Criminal Offender Employment Act apply, depending on the nature of the offense and the type of position.
Creating a hostile working environment.
Discrimination, including sexual harassment.
Falsification (deliberate) or omission of information on employment applications or resumes, time cards/records, or other University records.
Illegal drugs and alcohol – violation of the University’s “Policy on Illegal Drugs and Alcohol.”
Intoxication on the job.
Misappropriation or personal use of University funds, property, possessions, or resources.
Performance which continues to be inadequate after reasonable time has been allowed to correct it.
Possession of or distribution of obscene or pornographic material unrelated to business needs or University research.
Theft or fraud.
Uncooperative behaviour.
Confidentiality – violation of confidentiality or the release of confidential information.
Violation of University policies.

Notice Requirements

6.1. Notice of Contemplated Action

To initiate a suspension or discharge of a post-probationary regular, term, or contract employee, the dean, director, or department head must serve the employee with written notice of the contemplated action. Suspensions and discharges require approval of the cognizant dean or director and the Vice Rector for Human Resources prior to issuing a Notice of Contemplated Action. This notice must include all the following points:

Cite the acts which the supervisor believes may constitute proper/just cause. These may be any one (1) or more of the acts listed in Section 5. herein.
Give a summary of the evidence against the employee.
Specify the contemplated action.
State that the employee has ten (10) calendar days from receipt of the notice to respond orally or in writing to the contemplated action.

A copy of the notice will be sent to the Division of Human Resources for placement in the employee’s official personnel file.

6.2. Notices

Notices shall be in writing and should be served in person, if possible. At the time of service, the employee should be asked to sign an acknowledgement of receipt. If the employee declines, the supervisor shall so note for the record. If the notice cannot be served in person, the notice may be sent by certified mail with a return receipt requested. The notice must be properly stamped and addressed to the last address provided by the employee. Service of the notice is complete when the notice is hand delivered or deposited with the Northern Cyprus (TRNC) Postal Service by certified mail with a return receipt requested.

6.3. Computation of Time

Any time period required or allowed by this policy, does not include the day of the action from which this time period begins to run. If the last day of the time period falls on a Saturday, Sunday, or holiday, the last day of the time period shall be the next working day.

6.4. Response to Notice of Contemplated Action

The employee or a representative of the employee’s choosing may respond orally and/or in writing to the notice of contemplated action. Refer to the appropriate collective bargaining agreement regarding representation for employees in titles listed under labour agreements. The response is served to the supervisor who signed the notice. If the employee wishes to meet with the supervisor to respond to the notice of contemplated action, he or she must submit a written request for the meeting within five (5) work days from receipt of the notice. As stated in Section 6.1. herein, the employee must respond orally and/or in writing within ten (10) calendar days from receipt of the notice. Any extension of time must be in writing and agreed upon by both the employee and the supervisor.

A copy of the response will be sent to the Division of Human Resources for placement in the employee’s official personnel file.

6.5. Notice of Final Action

After considering the employee’s oral and/or written response, the supervisor shall decide on the final action and serve the employee with a written notice of final action. The notice of final action shall be within thirty (30) calendar days after receipt of the employee’s response and include all the following points:

The final action to be taken.
The acts constituting proper/just cause, which shall only include allegations specified in the Notice of Contemplated Action.
A summary of the evidence.
A reply to the employee’s response, if any.
The effective date of any disciplinary action.
A statement that the employee may request within two (2) weeks of receipt of the Notice of Final Action that the DR Coordinator review the action according to the provisions of UAP 3220 (“Ombudsman Services and Dispute Resolution for Staff”).

A copy of the notice will be sent to the Division of Human Resources for placement in the employee’s official personnel file.

6.6. Pay Status

Post-probationary and contract employees will remain on paid status at all times pending completion of the disciplinary action process, with the exception of a suspension (Section 4.3. herein) approved by the Vice Rector for Human Resources. An employee may be placed on administrative leave with pay pending completion of the investigative or disciplinary process (for more information, refer to Section 3.7. of UAP 3415 (“Leave With Pay”).

Required Approval by the Division of Human Resources

Supervisors contemplating the suspension, demotion, or discharge of any employee, including probationary and temporary employees, must consult with the Vice Rector for Human Resources before taking such action. Whenever prior consultation is not practical because of reasons perceived to be of such an urgent or serious nature, the employee must be placed on administrative leave with pay until the case can be discussed with the Vice Rector for Human Resources.

– Policy 3220: Ombudsman Services and Dispute Resolution for Staff

Date Originally Issued: October 21,2019

Process Owner: University Ombudsman person, Staff

General

Ombudsman Services for Staff (“Ombudsman Services”) provides independent, impartial, confidential, and informal processes for managing or resolving work-related issues and problems. Except as limited in Section 3, Ombudsman Services is available to staff and their co-workers (“employees”) and supervisors, as well as to faculty who supervise employees. Emphasis is on early and informal identification and resolution with fair consideration of all sides of an issue or problem. The procedures in this policy should be administered flexibly and expeditiously at the lowest possible level with the cooperation of all concerned.

1.1. Retaliation

Retaliation against an employee for raising an issue or participating in any way in dispute resolution under this policy is strictly forbidden and shall be cause for disciplinary action if found to have occurred. Refer to UAP 2200 (“Reporting Suspected Misconduct and Whistle-blower Protection from Retaliation”) for policies and procedures on retaliation.

Confidentiality

Information obtained by Ombudsman Services staff in the course of facilitation, informal attempts at resolution, mediation, or other activities is confidential to the extent permitted by law. At the initial visit, Ombudsman Services staff will explain any limitations to confidentiality before discussing specific issues. With permission from the employee, Ombudsman Services staff may seek assistance from various University offices such as the Office of Equal Opportunity (OEO); Counselling, Assistance, and Referral Service; Human Resources; Risk Management; and Internal Audit to resolve issues or problems in a flexible, cooperative, and responsive manner.

Scope

This policy is intended to help employees with issues or problems that affect them in the workplace. Ombudsman Services staff serve in a neutral role and use alternative dispute resolution methods, described in Section 6, to return the primary responsibility for resolving conflicts to the individuals involved. If an individual believes there is a conflict of interest with Ombudsman Services staff conducting the dispute resolution process, a mediator selected by mutual agreement from a panel of outside mediators is available to conduct dispute resolution. Ombudsman Services staff assist and guide individuals or groups in their efforts to identify mutually agreeable solutions. The Faculty Dispute Resolution Office offers alternative dispute resolution methods to faculty. Ombudsman Services Department may work with the Faculty Ombudsman/Dispute Resolution Office in instances of faculty/staff disputes with appropriate consent and releases from all participants. Both programs coordinate services and protocols to assist faculty and staff, in accordance with the “best practices” of the International Ombudsman Association Standards of Practice and Code of Ethics, and applicable University policies and procedures.

Employees with concerns about possible violations of University policy or Northern Cyprus(TRNC) state or international laws or regulations that are more general in nature (sometimes called “whistleblowing”), should report such concerns according to UAP 2200 (“Reporting Suspected Misconduct and Whistleblower Protection from Retaliation”). Allegations of unlawful discrimination or sexual harassment are handled by OEO in accordance with UAP 2720 (“Equal Opportunity, Non-Discrimination, and Affirmative Action”) and UAP 2730 (“Sexual Harassment”). Ombudsman Services staff will refer employees to report such allegations to OEO.

Employees who are members of a collective bargaining unit have specific grievance procedures, some of which include participation in the Ombudsman Services process. These employees should refer to their specific collective bargaining agreements. Employees should be aware that there may be governmental or state laws and remedies pertaining to workplace complaints, and that use of the dispute resolution process under this policy does not extend the deadlines within which to seek assistance from outside agencies or file legal proceedings.

Resources

The University has a number of resources that can provide employees with advice and assistance in resolving work-related issues and problems. These resources include:

the management chain
Ombudsman Services
the Faculty Ombudsman/Dispute Resolution Office
the Human Resources Division
OEO

If employees are working with more than one (1) of the offices mentioned above concerning the same issue or problem, they should inform the other offices involved, in order to avoid duplication of services.

Supervisor Responsibilities

Supervisors at all levels, are responsible for resolving work-related issues and problems in an appropriate, fair, and prompt manner as soon as reasonably possible after becoming aware of the issues or problems. Supervisors are responsible for participating in training offered by the University on management and supervisory skills. Supervisors should seek advice and assistance in resolving issues and problems, as appropriate, from the University resources listed in Section 4 above.

Employee Responsibilities

Employees should try to resolve work-related issues or problems as soon as reasonably possible after becoming aware of the issues or problems. Employees are encouraged to consider their supervisors as resources in their problem-solving efforts. Employees are also encouraged to go to Ombudsman Services for assistance with constructive dispute resolution efforts.

Non-bargaining unit employees may request and have advisors of their choice present for all Ombudsman Services processes. Bargaining unit employees may request advisors if defined in their collective bargaining agreement? Advisors provide support and assistance to employees using the Ombudsman Services process. The extent of the advisor’s role may vary on a case-by-case basis. Advisors share the responsibility with employees of making efforts to resolve concerns in a collaborative manner and observe the appropriate level of confidentiality.

To assist employees in resolving work-related problems and issues, the University offers communication skills and conflict resolution training. Employees may seek advice and assistance in resolving work-related issues or problems, as appropriate, from the University resources listed in Section 4 above.

Dispute Resolution Processes

In all instances Ombudsman Services staff serve in a neutral role. In collaboration with Ombudsman Services staff, the individuals affected by the issue or problem will select one or more of the appropriate dispute resolution methods described below.

Collaborative problem solving: Ombudsman Services staff facilitates conversations with individuals involved in a conflict in finding ways to work together to acknowledge their interests and improve their relationship.
Employee/supervisor consultation: Ombudsman Services staff assists employees and supervisors with problem solving, effective communication, management skills, and preventing conflicts.
Mediation: Ombudsman Services staff assists individuals in reaching a mutually acceptable resolution to workplace issues.
Staff as Mediators Program: MTU employees coordinated by the Ombudsman Services staff are available to assist employees on request.
Ombudsman Services staff reviews and assesses situations and makes recommendations.
Formal policy interpretation obtained from the applicable office.
Departmental consultations, assistance, and training designed to improve interactions and productivity and reduce conflict.
Facilitation: Ombudsman Services staff creates a process intended to encourage ongoing communication and problem solving.
Training: Ombudsman Services staff provides training in dispute resolution and other related issues.
Referral to other University resources.

All individuals involved in an issue or problem are required to participate in the dispute resolution process unless otherwise provided by in the applicable collective bargaining agreement. If one or more of the involved individuals does not participate, the Ombudsman Services has the discretion to pursue resolution through the applicable management chain or appropriate administrators. The Ombudsman Services may also bring forward to the appropriate administrators concerns about specific supervisors or employees when a policy violation or pattern of inappropriate behaviour is observed, subject to the confidentiality requirements described in Sections 2 and 3.

7.1. Progressive Discipline

Upon request, Ombudsman Services staff will assist employees and supervisors in their efforts to resolve disagreements or conflicts. This assistance may eliminate the need for disciplinary action. If a supervisor initiates disciplinary action, non-bargaining unit employees may request an advisor of their choice be present at any meeting with the supervisor where the disciplinary action is initiated, but such meetings must be coordinated by Ombudsman Services. Bargaining unit employees may request advisors if defined in their collective bargaining agreement.

Ombudsman Services is intended to supplement, not replace, formal procedures. Employees can contest any disciplinary action through Ombudsman Services, although the final decision on disciplinary action is made by the employee’s supervisor. Participating in an informal dispute resolution process does not necessarily put discipline on hold. However, supervisors in consultation with the Ombudsman may choose to place disciplinary action on hold pending the results of dispute resolution process. Refer to UAP 3215 (“Performance Management”).

Dean or Director’s Decision

If after a good faith effort the individuals have not resolved the conflict, any party involved in the dispute resolution process may request a decision from the cognizant dean or director. The dean or director will issue a written decision within four (4) weeks concerning the issues raised unless extenuating circumstances delay such action. If the dean or director was involved in the dispute resolution process, the request shall be forwarded to the next level supervisor or cognizant vice Rector not involved in the dispute resolution process.

The parties to the issue will forward any written concerns to the dean or director. The dean or director shall meet with the parties involved before making a decision. In most circumstances the dean or director may choose to refer the parties to meet individually with Ombudsman Services. The dean or director may meet separately with each of the parties. Non-bargaining unit employees may request an advisor of their choice be present in the meeting with dean or director. Bargaining unit employees may request advisors if defined in their collective bargaining agreement. The decision of the dean or director shall be final, unless there is discretionary review by the Rector or Board of Trustee as provided in Section 10.

Review of Suspension without Pay or Termination

If a post-probationary employee has been suspended without pay or discharged, the employee is entitled to a peer hearing or arbitration upon request. The employee should send the request, with the Notice of Final Action, to the Main Campus Compliance Office within two (2) weeks of the employee’s receipt of the Notice of Final Action per Section 6.5 of UAP 3215 (“Performance Management”). Failure to do so may have legal consequences. Because a peer hearing or arbitration is a process with significant legal implications, the employee may wish to seek the advice of a private attorney in considering how to proceed. Upon receiving the request for a peer hearing, Main Campus Compliance Office forwards the request to the Office of University Counsel, which appoints an attorney to advise the peer panel. The Main Campus Compliance Office’s role in peer hearings and arbitration is limited to providing administrative support.

9.1. Peer Hearing

If a peer hearing is requested, the Main Campus Compliance Office will arrange for the hearing. Identification of potential Peer Review Panel members will begin within five (5) working days from the date of the request and Notice of Final Action. The Main Campus Compliance Office may request that Ombudsman Services offer informal dispute resolution facilitation. The hearing will be held as soon as reasonably possible before a Peer Review Panel. The decision of the Panel is final, unless a discretionary appeal is allowed by the University Rector or the Board of Trustee, as provided in this policy (Section 10). Non-bargaining unit employees may request an advisor of their choice be present at the peer hearing. Bargaining unit employees may request advisors if defined in their collective bargaining agreement. Hearings shall be conducted according to the University’s Dispute Resolution Hearing Procedures (Exhibit B). A copy of these procedures may also be obtained from the Main Campus Compliance Office. Hearings shall be recorded and shall be private unless both parties agree that the hearing be open.

9.1.1. Peer Review Panel

The Peer Review Panel shall consist of three (3) uninvolved University employees who have no connection with the dispute, nor any interest in the outcome of the hearing. All faculty and staff who are called upon to serve on a Panel are required to participate in peer hearings. Individuals will be excused only in extreme circumstances as determined by the Main Campus Compliance Office. Members of the Peer Review Panel will be randomly selected from a pool consisting of all University employees as follows.

Names of five (5) individuals from the same “Primary Occupational Activity” in the University’s biennial EEO-6 Report as the complainant will be drawn at random by computer. Two (2) of these individuals will serve on the Panel and a third will be an alternate who will sit on the Panel should one of the two (2) selected individuals be unable to serve on the Panel.

Names of four (4) individuals from the same “Primary Occupational Activity” in the University’s biennial EEO-6 Report as the respondent will be drawn at random by computer. One (1) of these individuals will serve on the Panel and a second will be an alternate who will sit on the Panel should the selected individual be unable to serve on the Panel.

The nine (9) individuals randomly selected will complete a screening form to determine whether any individual has a conflict of interest that would prohibit him/her from serving in a neutral capacity. The complainant and respondent will then select the Panel members from the randomly chosen names. The members of the Panel will select one of their numbers to serve as chair. The Office of University Counsel will provide the Panel with training on conducting hearings and will also serve as legal advisor to the Panel.

9.2. Arbitration

If both parties agree, the dispute may be submitted for final and legally binding arbitration instead of a peer hearing. Non-bargaining unit employees may request an advisor of their choice be present at the arbitration. Bargaining unit employees may request advisors if defined in their collective bargain agreement. If arbitration is requested, the Main Campus Compliance Office will arrange for the arbitration as soon as reasonably possible. Arbitrators are non-MTU employees selected by mutual agreement from a pool of professional arbitrators.

Discretionary Review by Rector and Board of Trustee

The University Rector and the Board of Trustee reserve the discretionary authority to review all decisions other than final and binding arbitration. The University Rector and the Trustee will normally accept review only in extraordinary cases, such as those where proper procedures have apparently not been followed, where the decision appears to be unsupported by the facts, or where the decision appears to violate University policy. If an appeal is accepted, it will first go to the University Rector. The Board of Trustee has the discretion to review the University Rector’s decision. Any appeal will be handled pursuant to the policies of the University Rector and Trustee concerning discretionary reviews.

Attachments

Exhibit A Dispute Resolution Process Flowchart
Exhibit B Peer Hearing Procedure

– Policy 3225: Separation of Employment

Date Originally Issued: October 21,2019

Authorized by RPM 6.1 “Performance Management”

Process Owner: Vice Rector for Human Resources

General

There are four (4) categories of separation of employment from the University: voluntary, death, involuntary for cause, and layoff. Outlined herein are the policies and procedures for recognizing and processing each type of separation of employment. This policy also describes the reemployment and benefit rights of employees being laid off.

Voluntary Separation

Voluntary separations include resignation, initiated by the employee or by mutual agreement between the employee and the University; retirement; and completion of the period of a contract or term appointment.

2.1. Resignation

An employee may elect to resign or leave the University voluntarily through mutual agreement with the University. The employee should submit a written resignation giving, except as noted in Section 2.4, two (2) weeks’ notice to his or her supervisor. For resignations by mutual agreement, the supervisor should obtain appropriate releases of any further obligation of the University as part of the written resignation. Resignations also occur when:

An employee walks off the job.
An employee is absent for three (3) consecutive work days without the supervisor’s permission, except when an emergency precludes giving notice. Work days are considered consecutive even when broken by normal non-working days such as holidays or weekends.
An employee fails to return to work, within the prescribed time limits, following an authorized leave of absence.

2.2. Retirement

Employees may elect to retire after meeting the eligibility requirements; see UAP 3625 (“Retirement”). Employees should give, at minimum, four (4) weeks’ notice. The University Division of Human Resources will notify retiring employees of their options with respect to health insurance and other benefits.

2.3. Completion of Term Appointment

Certain employees are employed at the University under a term appointment agreement; see UAP 3200 (“Employee Classification”), Section 4. Employees hired for a term appointment will be separated from the University as of the specified date unless the supervisor notifies the employee that the appointment will be extended.

2.4. Expiration of Contract

Certain administrators, designated by the Rector, are hired on periodic employment contracts. The two (2) week notice provision in Section 2.1 does not apply to contract employees. Terms, conditions, and notification requirements for employees hired under contract are described in UAP 3240 (“Contract Employees”).

Death

Upon the death of an employee, the department shall immediately notify the respective employment area and the Human Resources Service centre. The Human Resources Service centre will assist the next of kin in completing benefit forms, insurance claims, and other paperwork as appropriate, and provide a checklist to ensure that all necessary steps are taken. The department will work with the employment area to formally separate the employee.

Involuntary Separation

4.1. Separation during Probation

Any full-time or part-time employee may be separated from employment during the six (6) month probationary period (twelve [12] month probationary period for police command staff) with or without cause.

4.2. Discharge for Cause

An employee may be discharged for unsatisfactory performance, misconduct, or for other reasons deemed to constitute proper cause by the University. Under these circumstances, the employee must be given notice of the grounds constituting proper cause and an opportunity to respond verbally and/or in writing before the employee is separated for cause. Refer to UAP 3215 (“Performance Management”) for additional information regarding separation for cause.

Employees discharged for cause are noted as ineligible for rehire and are advised in writing at the time of discharge.

4.3. Consultation with Division of Human Resources

A supervisor must consult with the Labour Relations staff at the Division of Human Resources before an employee is involuntarily separated from the University.

4.4. Notice of Separation

Supervisors must give employees two (2) weeks’ notice of the separation, except in exceptional cases where immediate separation is required for reasons of health and safety or the overriding interest of the University. Pay in lieu of notice may be given at the employee’s straight-time pay rate when giving notice is not practical. Pay in lieu of notice is not appropriate in cases of discharge for serious infractions or discharge following suspension for serious infractions.

4.5. Appeal of Ineligible for Rehiring Designation

When an employee is designated as ineligible for rehire, the employee may submit a request to have the designation reconsidered. Within 30 days of the employee receiving notice of the designation, the employee should send a detailed letter to the Vice Rector for Human Resources that sets forth the reasons for the reconsideration. The Vice Rector for Human Resources will decide whether the employee should:

retain the ineligible for rehire designation, or
be restricted from obtaining certain positions, or
be eligible for rehire.

Layoff

From time to time it may be necessary for the University, or any unit within the University, to restructure its programs and services in response to changing demands, or loss of funding for the programs or services. When there is a loss of funding or a unit is restructured, it may be necessary to eliminate one (1) or more staff positions. This section describes the process for eliminating staff positions and the reemployment rights of individuals placed on layoff status as a result of such decisions. Employees who are laid off from their jobs qualify for unemployment insurance.

5.1. Elimination of Staff Positions

The Provost, executive vice Rector, or vice Rector responsible for the organization being restructured must approve any restructure that results in the elimination of staff positions. An administrator proposing to modify a program or service that includes the permanent elimination of staff positions must perform the following steps:

5.1.1. The administrator must submit an explanation of the reasons for the restructuring to the Provost, executive vice Rector, or vice Rector responsible for the organization.

5.1.2. The administrator must identify the specific positions that are to be eliminated and the rationale behind each selection. When an organization has more than one individual employed under the position title being eliminated, selection of employees to be laid off generally will be based on seniority. Temporary and on-call employees in similar positions will be released from employment first. If further reduction is necessary, employees on probation in similar positions shall be laid off before employees who have completed their probation. Refer to UAP 3705 (“Seniority”) for information on seniority. If seniority within a job classification is exactly equal, then selection of employees for layoff may be based on qualifications and performance as determined by the University. Performance of individuals within similar positions shall not be a criterion for selection of positions to be eliminated or employees to be laid off unless seniority is exactly equal.

5.1.3. The administrator must make a good faith effort to transfer employees in positions that are being eliminated to other similar positions that are not scheduled to be eliminated.

5.1.4. The administrator must agree that the eliminated position will not be reinstated for at least one (1) year from the date of elimination. During this time period a position may not be reclassified to take the place of the position eliminated. Reinstatement of the position must be approved by the Provost, executive vice Rector, or vice Rector responsible for the organization.

If the position was eliminated due to a loss of funding and additional funding is received resulting in reinstatement of the position, the hiring officer must first offer the position to the individual laid off due to the funding loss.

5.1.5. The administrator must give the employee being laid off as much notice, in writing, as practicable, but no less than thirty (30) calendar days. The notice shall include the effective date of the layoff, the reasons for the layoff, and information on the employee’s reemployment rights.

5.1.6. The administrator must notify the Division of Human Resources of the approved layoff at the earliest possible time. This will allow time for the employee to be transferred into a vacant position. It is desirable that disruption of employment be minimized. It will also allow sufficient time for the employee to be advised of reemployment and benefit rights.

5.2. Reemployment Rights

Employees who have been laid off because of loss of funding, restructuring, or elimination of programs or services shall be placed on a “layoff roster” for six (6) months.

5.2.1. Benefits

During the time an individual is on the layoff roster:

The individual may retain health insurance coverage by paying the full insurance premium.
The University shall stop making retirement contributions as of the date of the layoff. Upon reemployment, retirement contributions by the employee and the University will begin as of the date of the reemployment.
The individual may continue other employer-supported benefits, such as educational benefits, in which they participated before being laid off. But individuals who are laid off may not initiate any employer-supported benefits while on the layoff roster.

5.2.2. Priority Hiring

Individuals who will be laid off or are on the layoff roster will be given first priority in filling any vacant position at the University of similar or lower classification. The Division of Human Resources will refer individuals on (or to be placed on) the layoff roster to the first department seeking to fill a vacant position of similar or lower classification. Only if the individual on the layoff roster rejects an offer of reemployment into the position may the hiring officer consider another employee of the University or an external applicant for the position. An individual is given priority reassignment or reemployment status under this policy for six (6) months from the date of the layoff and will retain accumulated seniority to the date of lay-off, but does not accrue additional seniority during the lay-off period.

5.2.2.1. Position of Similar Classification

Hiring officers must give individuals on the layoff roster first priority when filling any University position substantially comparable in duties, responsibilities, salary, and minimum qualifications. Individuals on the layoff roster who are reemployed into such a position shall be paid at least at the salary level of their previous employment. The hiring officer may consider another employee of the University or an external applicant for the position if the individual on the layoff roster rejects an offer of reemployment into the position. If an individual refuses to accept reemployment into a substantially comparable position, he or she will automatically be removed from layoff status and lose any reemployment or benefit rights under this policy.

The Division of Human Resources will determine which positions are substantially comparable in nature to the position previously held by the employee. The individual will be deemed to have met the minimum qualifications of substantially comparable positions since he or she met the qualifications for the position previously held.

5.2.2.2. Position of Lower Classification

Hiring officers must also give individuals on the layoff roster, who are qualified for a position of lower classification and who voluntarily choose to be considered for the position, first priority when filling the position. Only if the individual on the layoff roster rejects an offer of reemployment into the position, may the hiring officer consider another employee of the University or an external applicant for the position. An individual who rejects reemployment into a position of lower classification is not removed from the layoff roster and does not lose reemployment or benefit rights under this policy.

5.2.2.3. Other Openings

During the time the individual is on layoff status, he or she may apply for any other vacant position at the University and compete as a new applicant. The individual will be given priority only for positions described in Sections 5.2.2.1. and 5.2.2.2. herein.

5.2.3. Reemployment

The individual’s reemployment shall be considered a six (6) month probationary appointment (twelve [12] month probationary appointment for police command staff), subject to the acceptable performance requirements of any new employment. The reemployed employee, the hiring officer, and the employee’s supervisor shall make good faith efforts to establish a satisfactory employee-employer relationship.

5.2.3.1. Sick and Annual Leave

An employee who is laid off will not accrue annual and sick leave hours while on layoff. However, a laid-off employee who is reemployed, into a position that is eligible to accrue leave, will accrue sick and annual leave at the same rate the employee accrued at the time of the layoff, if the reemployment occurs within six (6) months of the date of the layoff. Unused, unsold sick leave hours as of the date of the layoff will be reinstated for those employees who are reemployed from layoff within six (6) months. Employees rehired or reinstated after expiration of layoff status (six [6] months) as specified above will be considered as new hires for annual and sick leave purposes.

Laid off employees are paid for unused annual leave hours at time of separation.

Separation Procedure and Supervisor’s Responsibilities

To protect both the employee and the University, and to maintain official records to determine if an employee is eligible for unemployment compensation, the following procedure is to be used for all voluntary and involuntary separations.

The supervisor shall submit an Employee Separation Form to the Division of Human Resources on or before the last day of employment. (The effective date of separation is the last day when the employee will be in paid status.)
The supervisor shall confirm that the employee does not take annual leave or sick leave that would extend the termination date beyond the last day actually worked. (This requirement does not apply to employees retiring from the University who use annual leave to extend the termination date.)
The supervisor shall direct the employee to OwlWeb(Employee Self Service) to update his or her forwarding address.
The supervisor shall ensure that the employee completes a Separation Check-Off List for Staff Employees. This process requires that the employee be cleared by each department on the list (Locksmith, Cashier, Parking Services, etc.)

The Division of Human Resources will notify employees who separate from the University of their Rights for health insurance coverage .

6.1. Exit Interview

As part of the separation process, supervisors should ask employees to voluntarily complete an online Exit Interview before leaving the University. The information on the online form is confidential and not released to the employee’s supervisor. The University will use the information provided by the employee in the aggregate to determine employment trends and identify problem areas. In addition, an employee may complete a more in-depth Exit Interview Form and submit it directly to the manager or chain of command or with the Ombudsman Dispute Resolution Office.

Related Links

UAP 3215 (“Performance Management”)

UAP 3240 (“Contract Employees”)

UAP 3410 (“Sick Leave”)

UAP 3705 (“Seniority”)

Separation Check-Off List for Staff Employees Form

Exit Interview – Online Version

Exit Interview Form

OwlWeb (Employee Self Service) my@mesarya.university

– Policy 3230: Performance Review and Recognition

Date Originally Issued: October 21,2019

Authorized by RPM 6.1 (“Performance Management”)

Process Owner: Vice Rector for Human Resources

General

The University is committed to providing the resources to regularly evaluate and recognize staff employees based on their achievement and performance.

Purpose

The performance evaluation process determines how well employees have achieved previously established goals and/or performed their job duties. Frequent communication between employees and their supervisors about goals, duties, performance standards, and expectations reinforces a culture of accountability and contributes to positive communication, improved performance, and individual growth. The performance evaluation process should provide clear expectations, timely performance feedback, development opportunities, and fair and equitable recognition for performance.

The performance evaluation process may be used in personnel decisions, including career development, salary increases, and assessment of performance management opportunities.

Mutual Responsibility

Employees and supervisors share responsibility for development of the employee’s goals and/or job duties, which serve as a basis for the performance evaluation.

3.1. Supervisor Responsibilities

Supervisors are responsible for:

Collaborating with employees to develop individual goals and duties that support departmental and organizational goals;
Providing necessary resources, clear expectations, and achievable performance standards to each employee;
Engaging in performance management throughout the year, including provision of performance feedback in addition to the required annual written evaluation;
Identifying and supporting the correction of performance deficiencies;
Assisting with identification of appropriate career development and training programs for employees; and
Regularly recognizing outstanding performance.

3.2. Employee Responsibilities

Employees are responsible for:

Collaborating with their supervisors to develop goals that contribute to departmental goals and to the University mission;
Meeting previously established expectations and performance standards;
Providing input describing their accomplishments related to job duties and goal performance;
Identifying and actively participating in career development and training opportunities; and
Raising concerns about their job description or performance evaluation with their supervisor.

3. Change in Supervisor

It is suggested that the supervisor document employee performance when a direct report vacates a position. When an employee’s supervisor changes during the course of the evaluation period, the employee usually will be evaluated on the job duties and goals recorded in the most recent written performance evaluation. Changes to previously stated job duties and/or goals should be discussed with the employee prior to documentation.

3.4. Available Training

Programs are available through Employee & Organizational Development to train, support, and guide both supervisors and employees in performing the responsibilities listed in Sections 3.1 and 3.2, in areas such as goal setting, giving effective feedback, and coaching for performance.

Performance Review Process

At the beginning of each evaluation period, the supervisor and employee discuss the job duties and/or goals to be evaluated during the upcoming year and record them on the performance evaluation form. Both the supervisor and the employee receive a copy of the performance evaluation form including the expectations for the upcoming evaluation period. The supervisor is responsible for on-going coaching and mentoring to support employees in successfully achieving their goals.

4.1. Frequency and Timing

Written performance reviews are required at the end of each employee’s probationary period and once annually thereafter, and should be completed by the deadline established by the Division of Human Resources.

4.2. Finalizing the Performance Review Form

At the close of the review period, the supervisor and employee discuss the performance evaluation. Reasonable advance notice of the date and time of the performance evaluation discussion will be provided to ensure the employee has sufficient preparation time.

Once the discussion is complete, the employee and supervisor both sign the performance evaluation form. Supervisors’ signatures indicate they have followed the process and completed the form; employees’ signatures indicate they read and understood the performance evaluation form. An employee’s signature does not necessarily indicate agreement with the evaluation. See Section 4.3 in cases of employee disagreement with the evaluation.

4.3. Employee Disagreement with Written Review

If a post-probationary employee disagrees with the contents of a written performance evaluation, the employee may, within sixty (60) calendar days from the date the employee’s supervisor signed and presented the performance evaluation form to the employee:

Attach a response to the performance evaluation form; see UAP 3300 (“Paid Time”), Section 7.11;
Request reconsideration by the next level supervisor; or
Contact the Ombudsman/Dispute Resolution Services for Staff for assistance; see UAP 3220 (“Ombudsman Services and Dispute Resolution for Staff”).

Recognition

While the University Board of Trustee may designate funds for performance increases to reward employees, there are also non-monetary recognition methods, which may include career development opportunities, certificates of appreciation, subscriptions to professional journals, and memberships in professional organizations. Supervisors should consult with the Division of Human Resources to ensure any other methods of recognition they want to use comply with University policies. Refer to UAP 3235 (“Staff Recognition Programs”) for further detail.

Career Development

The University encourages career development for all employees. Supervisors have the responsibility for guiding employees in their career development efforts. These efforts (for both previous and upcoming years) should be discussed and documented during an employee’s annual performance evaluation discussion.

Program Monitoring

The Division of Human Resources monitors, tracks, and evaluates the performance evaluation process for quality, efficiency, and program success.

Records Retention

Original performance evaluation forms (and any written employee responses) will be maintained in the employee’s official personnel file at the Division of Human Resources. Disclosure of this information is discussed in Section 2.3. of UAP 3710 (“Personnel Information Disclosure Policy”).

Reference

Performance Evaluation and Planning Form

– Policy 3235: Staff Recognition Programs

Date Originally Issued: 07-01-2002

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

Staff members play a valuable role in the University’s success; therefore, the University is committed to recognizing and rewarding staff members who demonstrate creativity and provide exceptional contributions to the University’s teaching, research, and service mission. Recognition programs may be informal or formal, providing personal acknowledgment in a manner commensurate with the achievement. Recognition programs may include awards that are granted for significant non-recurring tasks or accomplishments. These awards are aside from the performance review process and allow for recognition of exceptional individual or group performance throughout the year.

Roles and Responsibilities

2.1. Vice Rectors, Deans, and Directors

Vice Rectors, deans, and directors play a critical role in supporting the University’s commitment to recognition programs, and shall:

ensure promotion and funding for college, division, school, and departmental recognition programs for their respective areas;
define which units/departments are eligible to participate in applicable programs to ensure opportunities for all employees in their respective areas; and
review, approve, and monitor recognition programs for their respective areas in accordance with this policy.

2.2. Managers and Supervisors

Managers and supervisors are responsible for informally and formally recognizing exceptional contributions by staff members, and implementing and managing recognition programs for their respective areas. Each manager or supervisor shall:

consult with their staff in the development and implementation of departmental recognition programs;
nominate staff members and encourage staff to nominate coworkers and colleagues who exemplify the value/achievement criteria of the respective programs; and
ensure staff members selected for recognition receive appropriate public recognition for their accomplishments.

2.3. Staff Members

Staff members provide the talent and expertise for the development and success of recognition programs. Staff members shall:

work with managers and supervisors to develop recognition programs; and
nominate co-workers and colleagues who exemplify the value/achievement criteria of the respective programs.

Recognition Programs

There are various ways to recognize staff members for their achievements, including informal recognition, formal recognition, and/or awards. Depending on the nature of an award, the value of the award could result in taxable income as described in Section 5. herein. The University Payroll Department can provide information on income tax reporting and withholding requirements.

3.1. Informal Recognition

The University recognizes that informal recognition is an important aspect of recognition and encourages personal acknowledgment of individual accomplishments and contributions. Personal acknowledgments can take many forms such as notes, cards, email, formal memorandums, and certificates of appreciation. These can come directly from colleagues, customers, supervisors, managers, chairs, deans or directors, vice Rectors, or the Rector. Informal recognition programs do not require the approvals listed below in Section 3.2.

3.2. Formal Recognition

Formal recognition programs are intended to recognize staff members who demonstrate an extraordinary achievement in one (1) or more of the following areas:

provide extraordinary service to the University or community;
exemplify University values in an exceptional manner;
submit suggestions that result in innovative solutions to University-wide challenges; or
contribute substantially to significant team accomplishments.

To ensure the appropriate use of public funds, consistency, and fairness this policy establishes guidelines for recognition programs that include awards. Recognition may be either non-monetary or monetary, must comply with University policies and procedures, and be commensurate with the achievement. The programs can be University-wide recognition programs or programs designed by faculties, divisions, schools, or departments.

3.2.1. University-Wide Recognition Programs

University-wide recognition is awarded on an annual basis. Recognition ceremonies are designed to celebrate achievements and provide public recognition at a level commensurate with the achievements required to receive such awards. University-wide programs must be approved by the Rector and include, but are not limited to:

Trustee’ Meritorious Award —This award honours a staff or faculty member(s) who has provided extraordinary and distinguished service to the University as demonstrated by outstanding teaching, service to students, research, scholarship, publications, performance in faculty and University governance, or other such contributions which have enhanced the University.
Mesarya Staff Recognition Award —This award honours three (3) to five (5) staff members who demonstrate exceptional commitment, initiative, and innovation in service to the University.
Extraordinary Service–This award honours staff members who have demonstrated extraordinary dedication and innovation.
University/Community Service–This award recognizes staff members who donate considerable personal time and effort contributing to the University’s public service mission.
Diversity–This award honours staff members who have significantly promoted diversity on campus.
Team Award–This award honours groups and teams for exceptional service in suggesting and/or creating change thatresults in innovative solutions to University-wide challenges.

3.2.2. College, Division, School, and Departmental Recognition Programs

In addition to the University-wide recognition programs, schools, faculties, divisions, and departments should develop recognition programs intended to recognize staff members who provide extraordinary achievement in their respective areas. To ensure staff members have a reasonable opportunity to be recognized, faculties, divisions, schools, and departments should develop an adequate number of recognition programs.

Proposals for recognition programs that include a monetary or non-monetary award must be submitted to the appropriate vice Rector for approval. A proposal template is available on the Division of Human Resources website.

3.2.3. Recognition Program Awards

Awards shall be commensurate with the contribution being recognized.

3.2.3.1. Non-Monetary Awards

Examples of allowable non-monetary awards that recognition programs might fund include:

reserved parking spaces;
certificates, plaques, and trophies;
gift items;
lunches or dinners;
professional association memberships;
conference opportunities;
recreational services;
tickets to University events; and
personal enrichment courses from MTU Continuing Education.

3.2.3.2. Monetary Awards

A monetary award will be included in the employee’s next regular pay check. To generate payment, a non-standard payment form indicating the award amount must be submitted to the University Payroll Department.

3.2.3.3. Time Off With Pay

All recognition programs granting time off with pay must be approved by the Provost, Executive ViceRector, or Chancellor. Time off may be awarded in the following increments:

eight (8) hours for a significant contribution that benefits a program or department;
sixteen (16) hours for a significant contribution that benefits multiple programs or departments; and
twenty-four (24) hours for a significant contribution that benefits the entire University.

Staff members may not receive more than a total of forty (40) hours of time off with pay per calendar year, regardless of the number of different awards received. Departments granting staff members time off with pay are responsible for all related costs, including temporary staffing.

Funding

Funding for recognition programs may come from various sources. Vice Rectors, deans, and directors shall set aside funding to support recognition programs for their respective areas. Department heads may set aside funds for non-monetary and/or monetary award programs. Expenditures cannot be directly charged to sponsored program accounts. In addition, expenditures for staff recognition programs must be identified as “IDC Excludable” on expenditure documents to ensure they are excluded from cost pools used to calculate the University’s indirect cost rate. Refer to UAP 2410 (“Accounting for Governmentally-Defined Allowable and Unallowable Costs”) for additional information.

Taxability

Recognition awards, both monetary and non-monetary, may result in taxable income to the employee. In accordance with Tax & Revenue Service of MINISTRY OF FINANCE regulations, all monetary awards, including cash and cash equivalent awards such as gift certificates and savings bonds, regardless of the amount, result in taxable income to the employee and are subject to governmental and state income tax and identity card withholding. Monetary award amounts will be reduced by withholding requirements based on each individual’s income situation. Non-monetary awards of a personal nature may result in taxable income to an employee depending on the nature of the award. Non-monetary awards of a professional nature, such as conference training and professional association memberships do not result in taxable income.

Program Administration

The Division of Human Resources can help guide nomination/selection committees with the administration of recognition programs.

– Policy 3240: Contract Employees

Date Originally Issued: October 21,2019

Authorized by RPM 6.9 (“Employment Contracts”)

Process Owner: Vice Rector for Human Resources

General

Certain administrators are designated by the Rector from time to time to serve on periodic employment contracts approved by the Rector. The responsibility associated with these positions is judged to be such that the University must reserve the right to renew or not renew the contracts of the incumbents in these positions when such contracts expire. As used in this policy, “non-renewal” means discretionary non-renewal of an administrator’s contract, as opposed to termination or dismissal for proper cause.

Contract Terms and Conditions

Contracts for administrators subject to this policy are normally written for one (1) year terms. Multi-year contract terms greater than one-and-a-half (1.5) years also may be used subject to prior approval of each multi-year contract term by the Rector. Except for the University’s right either to renew or not renew administrators’ contracts, and except for matters specifically set forth in such contracts (including duties and salary), the benefits, terms, and conditions of employment of administrators on contract shall be governed by the University’s personnel policies and procedures, found in Section 3000 of the University Administrative Policies and Procedures Manual. This includes the University’s right to terminate or otherwise discipline such employees for proper cause during the term of their contracts, pursuant to the University’s personnel policies and procedures.

2.1. Deferred Compensation Plan

The University provides deferred compensation for certain high-level administrators and other contract employees. The deferred compensation is provided at the discretion of an executive vice Rector or the University Rector. The terms and conditions of the deferred compensation are specified in an addendum to an employee’s contract. The deferred compensation contributions are made in accordance with Internal Revenue Code provisions through the Mesarya Technical University Employer Sponsored 403(b) Plan with 415(m) Arrangement on behalf of the employee. The plan documents are available upon request from the Human Resources Benefits Division.

Notice Requirements

3.1. Notice of Non-Renewal to Administrators from University

Administrators who have been employed by the University for less than five (5) years shall be notified, in writing, three (3) months prior to expiration of the contract if a decision is made not to renew their contract. Administrators who have been employed by the University for five (5) years or more shall be notified, in writing, six (6) months prior to expiration of the contract if a decision is made not to renew their contract. By mutual agreement, contracts may specify some other notice provision. These notice periods may be satisfied by extending the date of a contract’s scheduled expiration in order to give the required notice.

3.2. Notice of Early Termination to University from Administrators

Although administrators are expected to fulfil the terms of their contracts, the University recognizes that exceptional circumstances may warrant administrators leaving the University prior to the expiration of their contracts. In such circumstances, administrators shall provide the University with notice, in writing, at least thirty (30) calendar days prior to their planned departure from the University. Under extraordinary circumstances, the 30-day notice requirement may be waived upon mutual agreement of the administrator and supervisor.

Reassignment

An administrator subject to this policy who has been given notice of non-renewal of his or her contract may be assigned to other duties or be required to take leave with pay for the balance of the contract period, at the University’s discretion.

4.1. Opportunity for Reassignment

An administrator who has been given notice of non-renewal of his or her contract (as opposed to termination for proper cause) may request reassignment to another position within the University. Such reassignment may be made at the University’s discretion on a non-competitive basis if another position is available for which the administrator is qualified, or if such a position becomes available within six (6) months of the effective date of the non-renewal. Such a reassignment may involve a change in salary and benefits and may or may not be to another position which is subject to an employment contract.

Position Announcements

Announcement for positions subject to this policy shall state that they are for fixed terms, subject to renewal at the University’s discretion pursuant to this policy.

Faculty Status of Academic Administrators

Some administrators subject to this policy may also have appointments as members of the faculty and retain faculty rank and tenure status while serving as administrators. Termination of these individuals’ administrative contracts does not affect their rights and privileges as faculty members, although salary and other benefits will usually be affected. The terms and conditions of employment of these individuals as faculty members are subject to the University’s Faculty Handbook.

Coaches

Head coaches and assistant coaches in the University Athletic Department are also employed by means of periodic employment contracts, and they are subject to release by the University at the expiration of their contract terms pursuant to this policy and as stated in each employment contract. The University’s personnel policies and procedures, found in Section 3000 of the University Administrative Policies and Procedures Manual shall apply to such coaches and assistant coaches only to the extent that they are not inconsistent with the specific terms of their contracts and this policy.

– Policy 3250: Employee Orientation

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

The New Employee Orientation program gives new employees information they need to quickly become productive members of the campus community. An employee’s first impressions of the University and its operations can have a lasting effect on the employee’s attitude and loyalty; therefore, an effective orientation program is the first step in improving employee performance and retention. The New Employee Orientation program is designed to:

make a new employee to the Mesarya Technical University (MTU) and/or a department feel welcome and part of the team;
understand the mission, vision, and values of MTU
provide specific information about the employee’s position;
inform the employee about MTU policies and benefits;
provide an overall view of University operations; and
encourage a new employee to ask questions about MTU, his or her department, and his or her position.

Both the University Division of Human Resources (HR) and the hiring department are responsible for specific portions of the employee’s orientation. This policy defines responsibilities and describes the process which is designed to ensure consistency throughout the stages of orientation.

Employee Orientation

2.1. New Employee Orientation (NEO)

All regular full-time and part-time staff who are new to the University must attend a New Employee Orientation session offered by the Division of Human Resources. Employees are on paid time, as described in UAP 3300 (“Paid Time”), while attending the orientation, which includes:

an overview of MTU’s mission, purpose, and structure;
a short presentation on MTU’s history, accomplishments, and future plans;
information on health, safety, and environmental issues;
a discussion of selected University policies;
information on employment related services;
payroll information; and
an overview on employee benefits, including health insurance, annual and sick leave, and educational assistance.

2.2. Departmental Orientation

Supervisors should introduce all new employees, including those who are not new to the University, to their job, department, and co-workers. Departmental new employee orientations are critical, and must be done in a conscientious and consistent manner with all new employees. Orientations provide an important opportunity for supervisors to help new employees feel comfortable with established employees and understand the functions of the department.

The Departmental Orientation Checklist available on the HR Website is a useful checklist to guide supervisors and employees through the six (6) calendar month probation or the thirty (30) working day trial period. It is also the foundation for the UAP 3215 (“Performance Management”). Supervisors should complete a Departmental Orientation Checklist for each regular full-time and part-time employee, and place it in the employee’s departmental file. Departmental Orientation Checklist Topic areas:

Introductions and Tour
University and Department Policies
University Property and Equipment
Safety and Security
Role and Function of New Employee
Performance Expectations, Performance Review Process, and Career Development
Training and Development

– Policy 3260: Career Development

Date Originally Issued: October 21,2019

Authorized by RPM 6.1 (“Performance Management”)

Process Owner: Vice Rector for Human Resources

General

The University must recruit and retain the best and the brightest employees to be successful in achieving its mission. As the University must be prepared to face a changing environment, so too must each employee. This policy describes career development programs designed to prepare employees to meet the challenges of the workplace. The University will provide these career development opportunities and the support necessary, subject to available funding and applicable policies. Employees are responsible for taking advantage of these opportunities and being competitive in their chosen careers. The University encourages the use of the education benefits for employees to improve performance in their current position and to prepare themselves for future career opportunities. Refer to UAP 3700 (“Education Benefits”) for details and limitations.

Objectives

Career development programs provide employees with opportunities for lifelong learning and continuous self-improvement. Career development encourages growth and commitment from employees and increases job satisfaction, productivity, and service to the University. Supervisors are responsible for assisting employees with their career development.

Career Development Programs

All employees are encouraged to participate in some form of career development. The University’s career development programs consist of the following opportunities that can stand alone or be combined with each other:

continuous occupational and/or professional education and training to maintain expertise;
career ladders to provide for planned progression within the same position; and
career advancement to support movement to other University positions through limited competition.

Supervisor Responsibilities

A supervisor’s performance management responsibilities include helping employees identify career development opportunities at the University. Supervisors will offer career development opportunities when available in a fair and reasonable manner, and will be evaluated on their efforts to develop staff. The University Division of Human Resources (HR) offers training sessions for managers and supervisors on how to assist their employees with career development.

Continuous Occupational and/or Professional Education and Training

Employees benefit from and are expected to participate in some form of occupational and/or professional education and training on an on-going basis to ensure they keep up-to-date with their fields of expertise. Occupational and/or professional education and training comes in many forms such as academic programs, workshops/seminars, annual conferences, distance education, books/journals, specific training courses, membership in professional associations, and electronic discussion groups. Departments must pay for career development activities required by supervisors such as required training for licenses and certifications, or commitments made on an employee’s performance evaluation. Departments are also encouraged to pay for other career development activities with a fair and reasonable distribution of available resources.

5.1. Education and Training Opportunities

For career development and advancement programs to be successful, training and support services for employees, supervisors, and managers are essential. The University provides many education and training opportunities for employees. Training and development programs are offered by HR. Continuing education and academic programs are also available. Refer to UAP 3290 (“Professional Development and Training”) for more information.

Career Ladders: Planned Progression Within the Same Position

Career ladders are one (1) way employees can advance in their careers at the University. As defined by this policy, A career ladder is a planned progression to a higher level of job responsibility, usually reflected by a position at a higher grade than the one currently held by the employee. Since the employee and the manager work together proactively to progressively advance the employee to a higher level of responsibility, the competitive employment process does not apply to career ladders. Employees in management-level positions are not eligible for career ladders, and not every position lends itself to career ladder progression; however, where appropriate, career ladders provide a valuable opportunity for both employee and organizational development. Career ladders differ from career advancement discussed in Section 7. below, in that a pre-existing vacancy is not required to initiate career ladder progression. However, future organizational needs and budget capacity are primary considerations when determining the viability of a career ladder proposal.

There are no absolute limits to the number of career ladders an eligible employee may undertake at MTU. However, because the University is committed to ensuring equal employment opportunity to all qualified individuals, the employee may complete no more than two (2) consecutive career ladder progressions without an intervening position change achieved through the competitive process. After having successfully competed for an internal position, the employee may again become eligible for two (2) more consecutive career ladder progressions. This cycle may then repeat itself, depending on individual and organizational capacity.

A career ladder plan will list the specific requirements necessary for advancement to the next level. Before an employee can be advanced to the next level, the employee must meet these requirements and demonstrate that he or she is satisfactorily performing all the job elements that distinguish the new role from the previous role. Career ladders typically include a proposed time line for completion and a proposed salary increase specific to the career ladder and employee. Refer to UAP 3500 (“Wage and Salary Administration”) for salary determination policy. Career ladders must be approved in advance by HR. If the needs of the employee or department change significantly during the career ladder process, the career plan may be revised as necessary in consultation with HR. For detailed information on career ladder guidelines, procedures, and documentation, please refer to “Compensation Guidelines for Staff Employees” and “Introduction to Staff Career Ladders” on the HR Website.

Career Advancement: Movement to Another University Position Through Limited Competition

Another way employees can advance in their careers is to apply for another position at the University. Although in most cases this involves movement to a higher grade, an employee may want to make a lateral move or take a position at a lower grade in order to change careers or bridge to another career path. To assist employees in advancing to other positions or changing careers at MTU, hiring officials are encouraged to interview qualified University employees for consideration to fill a position. If the hiring official chooses to search externally, internal candidates with comparable qualifications, as determined by the hiring official in consultation with HR, will be given preference.

8.3. Accountability

Hiring officials must follow applicable University policies and procedures and state and governmental laws during the Career Advancement hiring process.

Other Resources

Guidance and assistance with career development is available from HR. The University Counselling, Assistance, and Referral Services (CARS) provide career counselling for employees. The University Career Services Office will provide advisement to University staff.

– Policy 3270: Suspected Employee Impairment at Work

Date Originally Issued: October 21,2019

Authorized by RPM 6.1 (“Performance Management”)

Process Owner: Vice Rector for Human Resources

General

This policy describes the procedures to follow when dealing with an employee who appears to be impaired while at work and available resources for the employee. There may be other more specific policies and regulations that apply to certain employees, such as those in areas requiring licensure (i.e., transportation and patient care). This policy is not intended to supersede such policies and/or regulations. Impairment may be due to the use of alcohol or other substances/drugs (legal or illegal). Impairment could also be due to medical and/or psychological conditions. See UAP 3110 (“Reasonable Accommodation for Employees with Disabilities”). The University encourages employees to seek appropriate help following an incident of suspected impairment. The University provides resources, including the University Counselling, Assistance, and Referral Service (CARS), to resolve potential problems before such occurrences take place. See Impaired Performance Incident Checklist. Safety is the primary objective of this policy. An employee who is impaired may not remain at his or her work site because of the increased risk for accidents and dangerous or inappropriate behaviour. For the safety of the impaired employee and others at the University, it is important that the impaired employee leave the work site immediately in a safe and orderly manner.

Procedures Based on Perceived Level of Impairment

If the employee appears violent, verbally abusive, or otherwise threatening, the manager should call 152 immediately and request University police. In this case, the supervisor should make reasonable efforts to protect himself/herself and others.

If the employee appears to be having a medical emergency or requests medical assistance, the supervisor should call 152 immediately and request an ambulance to transport the employee to the emergency room. The supervisor should have someone stay with the employee until medical/emergency personnel arrive. If the employee has been transported by either of these methods, the supervisor should contact the employee the next day to discuss next steps (see Sections 4. and 5. herein) and should mail the employee a copy of the Impaired Performance Incident Checklist. See Section 2.1. herein.

2.1. Determining and Reporting Impairment

A supervisor may determine reasonable suspicion that an employee is impaired by observing the employee’s behaviour, appearance, and/or odour. See Section 2.2 herein and the Impaired Performance Incident Checklist for steps to take when an employee is determined to be impaired. Whenever possible, a supervisor should have another individual present when he or she talks to the employee in order to confirm the observations. Ideally, this second person should be a supervisor or manager. The individual selected must understand that all aspects of the incident are confidential. If no one is available, it is important for the supervisor to take action based on his or her observations. The objective indicators made by the supervisor should be clearly documented on the Impaired Performance Incident Checklist and on the Authorization to Use or Disclose Health Information Form. The employee should be given a copy of the Impaired Performance Incident Checklist before leaving the workplace in non-emergency cases.

An employee may report suspected impairment of a co-worker to the supervisor. If the employee suspects impairment of his or her supervisor, the employee should advise the next level manager. An employee reporting suspected impairment is protected from retaliation in accordance with UAP 2200 (“Reporting Suspected Misconduct and Whistleblower Protection from Retaliation”).

2.2. Non-Emergency Situations

If police or emergency personnel area not warranted, the supervisor should refer to the Impaired Performance Incident Checklist and should tell the employee that he or she believes the employee is impaired. The supervisor should also tell the employee him or her:

Must leave the work site for his or her safety and the safety of others.
Is being placed on Administrative Leave with Pay for the balance of the workday due to suspected impairment.
May choose to provide the supervisor a name and phone number of an individual who could provide him or her a ride, or may choose to take a taxi ride home reimbursed by the department. (The supervisor should inform an employee who refuses to accept alternative transportation that the supervisor is required to call the police if the employee chooses to drive any vehicle.)
May protest a determination of impairment due to alcohol or substances/drugs (legal or illegal) by being drug and alcohol tested at the University designated laboratory (see Section 3.).
Must go to Employee and Occupational Health Services (EOHS) the following day and provide it with a completed Authorization to Use or Disclose Health Information Form from his or her licensed medical and/or mental health provider certifying that the employee is physically and emotionally able to return to work before he/she will be released to work by EOHS. The supervisor should complete the first section of this form. If EOHS determines it cannot provide a medical release, the employee must follow departmental call-in procedures until the employee can obtain the EOHS release. The employee can contact EOHS with any further questions regarding the process.
Will need to meet with the supervisor upon his or her release to return to work to discuss the situation further.
May call CARS for assistance.
Will have to acknowledge receipt of the Impaired Performance Incident Checklist by signing the document.

The supervisor should call Human Resources as soon as possible to advise it of the situation.

Employee Protests Impairment Determination

If the supervisor determines the employee may be impaired due to alcohol or due to other substances/drugs (legal or illegal), the supervisor should tell the employee that he or she may protest the determination by taking a drug and alcohol urine test at the University designated laboratory.

If the employee elects to take a test for alcohol and other legal/illegal substances, the employee may be transported by taxi to the University designated laboratory. In this case, the department will pay for the transportation to the laboratory. It is the employee’s responsibility to arrange for transportation home from the lab but the employee must not drive.

The supervisor should contact Human Resources who will provide the authorization form for testing and will confirm the location of the nearest authorized testing facility. The employee must be sent for testing within two (2) hours of the determination of impairment. The employee must immediately proceed to the lab for testing. If the testing is delayed, the employee must provide written evidence regarding the causation of the delay in order for it to be considered. No negative test conducted after eight (8) hours of the initial determination will be considered. If the employee is transported to an emergency room and is tested, the employee may elect to make the results available to EOHS and, if conducted within eight (8) hours of the initial determination, will be considered. If the employee is transported to an emergency room and is tested, the employee may elect to make the results available to EOHS and, if conducted with eight (8) hours of the designation of impairment, such tests will be treated as the equivalent of a drug or alcohol test described in the previous paragraph. If the impairment may be due to medication, the employee should also consult his or her own medical and/or mental health provider. With the employee’s permission, results of such an evaluation may be provided to EOHS and will be considered in determining any further action.

If the employee goes to the University designated laboratory and the employee has a validated positive result, the employee is responsible for the cost of the lab fee. If the evaluation certifies the employee is not impaired due to alcohol or drugs, the employee’s department is responsible for the cost of the lab fee.

Employee’s Return to Work

The employee must report to EOHS after seeing his or her medical provider on the following day. The employee will be allowed to return to work only after providing EOHS with a fully completed Return to Work Clearance Form a licensed medical and/or mental health provider certifying that he/she is physically and emotionally able to return to work. At the employee’s request, EOHS may assist the employee by attempting to facilitate the employee’s effort to obtain the appropriate assessment by the employee’s health care provider. If the employee is not released to return to work on the next scheduled workday, he or she is required to call in as provided for in the UAP 3410 (“Sick Leave”) and departmental procedures. If the supervisor does not hear from the employee on the next scheduled work day, the supervisor should attempt to call the employee to inform him or her of his or her responsibilities. If the employee is absent for three (3) consecutive work days without the supervisor’s permission, the employee may be considered to have resigned in accordance with UAP 3225 (“Separation of Employment”).

In cases where EOHS determines the employee or the University may be at significant risk, EOHS will instruct the employee’s supervisor to continue the employee on leave for a designated period of time to allow time for evaluation of the situation. Such leave will be handled in accordance with the UAP 3410 (“Sick Leave”). During this time EOHS will review the situation to determine when the employee is able to return to work. Recommendations made by CARS or other licensed health professionals to extend leave should be referred to EOHS for a determination.

Follow-up Action

The employee is encouraged to contact CARS as soon as possible to discuss ways to help the employee. The supervisor may contact the Division of Human Resources on any related employment/policy issues.

Once released, the supervisor or designee should meet with the employee upon his/her return to work to discuss the possible consequences and expectations. The supervisor will inform the employee that during the review of his/her case, the University expects the impaired behaviour will cease in the workplace and that the employee will seek assistance to prevent a recurrence. The CARS program does not alter or supersede the University’s employment policies or disciplinary processes.

5.1. Disciplinary Action

Depending on the circumstances and the causation of the suspected impairment, the employee may or may not be subject to disciplinary action in accordance with applicable University policies.

Related Links

Impaired Performance Incident Checklist

MTU Drug Free Campus Statement

To be provided to an employee at the same time:

Authorization to Use or Disclose Health Information Form University designated laboratory list (authorized alcohol and drug testing facilities) GINA Disclaimer Language

– Policy 3280: Background Checks

Date Originally Issued: October 21,2019.

Process Owner: Vice Rector for Human Resources

Authorized by RPM 6.2 (“Hiring, Promotion, and Transfer”)

General

The Mesarya Technical University seeks to provide a safe environment for students, patients, employees, and community members. In order to minimize risks to University safety and security, applicants selected for and employees occupying certain staff and student positions designated as “safety or security sensitive” must undergo background checks. Background checks are conducted to promote a safe environment, protect students, faculty, staff, visitors, patients, and University assets, and enable hiring officers to make prudent employment decisions based upon more comprehensive job-related information. The depth of the background check will depend on the type of position. If required by law, regulation, contract, or for the health, safety, or welfare of any person, the University may require more extensive background checks or may conduct subsequent periodic background checks (generally limited to one per year). In addition, when an applicant’s employment materials indicate criminal conviction, a criminal background check may be conducted. Volunteers and contractors who have been identified as performing functions similar to that of safety or security sensitive positions or working in a location identified as safety or security sensitive are subject to all provisions of this policy.

1.1. Definition of Crime

For the purposes of this policy “crime” means any and all felonies and misdemeanours, but does not include minor traffic offenses for which the penalty is a fine. Records that have been expunged by a court of competent jurisdiction do not appear on an individual’s criminal record and will not be included in information included in a background check.

Safety and Security Sensitive Positions

In consultation with hiring officers, the University Division of Human Resources (HR) will determine which staff positions require background checks. A list of positions which are currently subject to background checks can be found in the Background Checks section of the HR website. Student Employment and the Office of Graduate Studies will determine which student positions require background checks. Elements considered in the determination to require a background check may include, but are not limited to:

direct responsibility for the care, safety, and security of people;
direct responsibility for the safety and security of personal or University property;
responsibility for cash, checks, and credit cards;
responsibility for confidential or personal information, i.e. identity card numbers and medical/student records;
access to select agents or controlled substances;
extensive authority for committing the financial resources of the University;
responsibility for operating vehicles and machinery or handling toxic materials/systems that could cause death, injury, or health problems;
master key access to University-owned residences, sensitive facilities, and/or multiple facilities;
requirement for a professional license, certification, or degree, the absence of which would expose the University to legal liability;
direct responsibility for institutional information systems and/or computer security;
direct care of or have routine and unsupervised physical or financial access to any patient;
providing child care services, working in a child care facility, or working directly with participants under the age of eighteen (18); and requirement of a contract, grant, law, or regulation.

Hiring, Promotions, Transfers, and/or Reclassifications

Recruitment information for positions that have been designated as safety or security sensitive will state that a background check is required, and that future and/or continued employment in the position is contingent upon obtaining and maintaining a satisfactory background check, which is one that does not include any disqualifying findings. All applicants (including current employees) for such positions must complete a background check release form. Applicants who are unwilling to submit to a background check will not be considered for employment, promotion, or transfer to a safety or security sensitive position.

Normally, offers of employment should not be made until the background check process has been completed, but should an offer be made, the offer is contingent upon completion of a satisfactory background check. Employees will not be allowed to begin employment until a satisfactory background check has been obtained unless prior authorization is granted by HR. Employees hired pending a satisfactory background check will be hired on a “conditional basis.”

Current Staff and Student Employees

Staff and student employees occupying positions identified as safety or security sensitive will be notified and asked to complete a background check release form. Employees who are unwilling to submit to a background check will be subject to disciplinary action, up to and including discharge. If a completed background check regarding a current employee reveals adverse information or if there has been falsification or omission of information, it may be grounds for disqualification, separation, and/or designation as ineligible for rehire in accordance with UAP 3215 (“Performance Management”) and student employment policies. HR will notify the hiring officer of any such finding. If after reviewing the finding and discussing it with HR, the hiring officer wishes to retain the employee, this decision must be approved by the cognizant executive vice Rector.

4.1. Disclosure

If an individual occupying a position requiring a background check is convicted of a crime, as defined in Section 1.1. herein, he or she must notify his or her supervisor within seven (7) calendar days. This information may result in the need to complete a subsequent background check. Failure to report convictions will be subject for disciplinary action, up to and including discharge.

Performance of Background Checks

All background checks will be conducted by trained individuals in accordance with all applicable laws and regulations including, but not limited to, the Applicable Northern Cyprus Criminal Offender Employment Act, Applicable Northern Cyprus Caregivers Criminal History Screening Act, Governmental Fair Credit Reporting Act (FCRA), and Occupational Safety and Health Administration (OSHA) regulations. If a third party vendor conducts the background checks the vendor is required to maintain the proper expertise and comply with all aspects of this policy. Background checks generally go back seven (7) years unless the governing statute of limitations is longer. Background checks can only be conducted at the request of HR, the University Police Department, Safety and Risk Services in accordance with UAP 7780 (“Use of University Vehicles”), and/or as required by state and governmental laws or regulations on individuals applying for or occupying positions designated as safety and security sensitive as described in Section 2. herein. Supervisors may not conduct or request background checks.

The information obtained in a background check and the final status of the check is confidential, and the use of such information in making a hiring decision is limited by law. To ensure compliance with state and governmental laws, consistency in application, and confidentiality, background checks will be administered by HR. In addition, the University Police Department will administer criminal justice background checks for Police Department applicants and employees and when required in the course of an investigation and Safety and Risk Services will check the driving records of drivers of University vehicles. At the University’s discretion or as required by law, background checks may be conducted on a periodic basis if warranted. If departments have questions about background checks or critical positions they should contact HR. The cost of performing background checks will be paid by the hiring/employee’s department.

5.1. Categories of Background Checks

There are different levels of background checks depending on the nature of the position. These levels may include, but are not limited to:

confirmation of a person’s identity;
verification of education degree, license, or certificate required for position;
review of Department of Motor Vehicles records;
review of criminal conviction records; and
other background checks as required by law.

5.2. Pre-Adverse Letter and Notification of Adverse Decision

If during the course of the background check information is identified that would result in disqualification of the applicant/employee, HR will send the applicant/employee a pre-adverse letter indicating the preliminary finding and give the individual an opportunity to respond before a final decision is made. A decision to exclude an applicant or disqualify an existing employee on the basis of a background check will take into consideration the seriousness, extensiveness, and relevance of the information to the responsibilities of the position.

HR will notify the hiring officer and the applicant/employee when the background check has been completed and whether the applicant/employee “passed” or “failed” the background check. The hiring officer may request the specific reasons or basis for the decision, but must maintain the confidentiality of the process. If after viewing the information and discussing the decision with HR, the hiring officer wishes to pursue hiring, the hiring must be approved by the cognizant executive vice Rector. Employees who wish to appeal an adverse decision must follow the procedures described in UAP 3215 (“Performance Management”), UAP 3220 (“Ombudsman Services and Dispute Resolution for Staff”) and student employment policies.

5.2.1. Applicant/Employee Notification

If the background check results in an adverse decision, HR will notify the applicant/employee in writing, stating the specific reasons or basis for the decision, if available, and the entity that provided the pertinent information.

5.3. Reconsideration Request by Applicant or Employee

If an applicant or current employee feels there is an error in the information provided in the background check, the applicant/employee may request administrative reconsideration by contacting HR; however, positions are not required to be held open pending the reconsideration. The University’s decision on the reconsideration is final.

Confidentiality, Maintenance and Security of Records

HR will maintain records of background checks. All records are confidential, protected by law, and not subject to public disclosure, except as provided herein. Records obtained shall not be used for any purpose other than determining whether an applicant or employee has a record that would constitute disqualification. Except on receipt of legal process, or with the written consent of the individual, records obtained and the information contained therein shall not be disclosed to any other person or agency, unless otherwise required by law. These records may be subject to inspection by governmental or other agencies with regulatory jurisdiction over the University.

– Policy 3290: Professional Development and Training

Date Originally Issued:

Authorized by RPM 6.1 (“Performance Management”)

Process Owner: Vice Rector for Human Resources

General

The Mesarya Technical University’s most valuable resource is its people; accordingly, the University recognizes the importance of providing professional development and training opportunities to all of its employees. Professional development opportunities enhance employees’ skills and abilities for improved performance within their current positions and for career advancement within the institution. Mandatory University-wide training and required job-specific training play a key role in clarifying expectations and responsibilities and in minimizing legal, financial, and physical risks. For the purposes of this policy, the terms “employee” or “employees” are intended to include all faculty (full-time, part-time, adjunct, and visiting); staff (full-time, part-time, temporary, and on-call); student employees; and graduate assistants.

This policy applies to employee professional development and training offered by the University Division of Human Resources (HR) Employee and Organizational Development department and other departments responsible for state, governmental, and regulatory compliance.

Roles and Responsibilities

The roles and responsibilities for professional development and training extend to all levels of the organization:

The University is responsible for identifying, creating, and providing opportunities for professional development and training to enhance the skills, professionalism, and well-being of employees..
Supervisors are responsible, in collaboration with employees, for assessing and communicating the professional development and training needs of individual employees in their organization. Supervisors should support appropriate professional development and training activities that occur as part of work time. Supervisors should discuss and document training requirements and recommendations during each employee’s annual performance review. Supervisors share responsibility for ensuring that employees complete all documented mandatory and required trainings within the specified time period.
Individual employees are responsible for assessing their job-related skills and knowledge, for maintaining a high level of performance throughout their University employment, and for seeking approval for appropriate professional development and training opportunities in consultation with their supervisors.

Employee and Organizational Development (EOD)

EOD is responsible for developing and implementing employee, managerial, and leadership training that supports optimal employee performance and aligns with the University’s mission. EOD consults with subject matter experts in the development of mandatory University-wide training and with departments in the development of required job-specific training.

3.1. Learning Central

EOD coordinates professional development and training through a computer-based learning management system called Learning Central. Learning Central provides employees and supervisors with a system to develop learning plans and track employees’ learning progress. EOD updates employees’ learning plans with University-wide mandatory training courses at the beginning of each calendar year. Employees can access their learning plans at any time.

Types of Training

Specific training courses may be designated as mandatory University-wide training. Required job-specific training may be designated based on employees’ roles or job responsibilities. Specialized training may be recommended for certain employees.

4.1. Mandatory University-Wide Training

The University Rector may designate mandatory training courses that all employees are required to complete each calendar year. These mandatory courses may be required by governmental or state regulations or address a legal, financial, or physical risk that could significantly impact the University. Examples of University-wide mandatory training courses include courses pertaining to sexual harassment and safety.

Failure to complete mandatory training prior to the end of each calendar year may result in disciplinary action.

4.1.1. Employee Accountability

All employees must complete online University-wide mandatory training courses prior to the end of each calendar year. Employees who take an extended approved leave of absence may be granted additional time to complete the mandatory training, at their supervisor’s discretion.

4.2. Required Job-Specific Training

Deans, directors, or department heads are responsible for identifying any job-specific training requirements and notifying EOD and supervisors of such requirements. If such training exists at MTU, the requirements will be added to Learning Central. If not, the dean, director, or department head should work with EOD to develop the training. Supervisors are responsible for notifying employees of any job-specific required training and for ensuring that employees complete the training. Examples of required job-specific training include courses pertaining to cash management; employee, patient, or student privacy; and time reporting.

4.3. Recommended Training

HR or an employee’s supervisor may recommend that employees take specific courses offered by the University. Examples of recommended training include leadership courses and business systems courses.

4.4. New Employee Orientation

Newly hired employees must complete mandatory University-wide training within thirty (30) calendar days from the date of hire. All newly hired regular full-time and part-time staff must attend a New Employee Orientation session offered by EOD. HR will add the mandatory training courses to the new staff’s learning plan in Learning Central. The Office of Faculty AffaMinistry of Finance and Services is responsible for ensuring that newly hired faculty complete mandatory training. The Office of Student Employment and the Office of Graduate Studies are responsible for collaborating with supervisors to ensure that newly hired students and graduate assistants complete their mandatory training within the mandated time period.

4.5. New Manager and Supervisor Training (for Staff Only)

All staff newly hired or promoted to manager or supervisor positions must attend a manager orientation training, usually during their first month as managers or supervisors. HR will schedule new managers and supervisors for the orientation and notify them of the date and time.

Additionally, staff who recently have been hired or promoted to manager or supervisor positions are strongly encouraged to complete other leadership development programs offered by EOD.

Paid Time

The time an employee spends taking either a mandatory or supervisor recommended course is considered time worked as described in UAP 3300 (“Paid Time”).

Attendance at Training Courses

Departments will be charged twenty-five dollars ($25) for any employee who registers for a class and then does not attend. To avoid a “no show” fee, the employee must cancel the class through Learning Central forty-eight (48) hours before the course starts. Employees’ course registration and attendance is tracked through Learning Central. Employees and supervisors will be notified of the registration and the learning deadline (date the training is due to be completed). In addition, employees’ transcripts will note “competencies met” for successful completion of courses.

Exceptions

Any exceptions must be approved by the Vice Rector of HR for staff and the Executive ViceRector for Academic Affairs /Provost or Chancellor of Health Sciences, as appropriate, for faculty.

– Policy 3300: Paid Time

Date Originally Issued: October 21,2019

Authorized RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

This policy describes University work schedules for all non-exempt staff employees and defines activities that are considered working time for pay purposes. Supervisors arrange work schedules so that the missions of the University and the department are accomplished. Individual schedules are assigned in a reasonable and fair manner so an employee can complete his or her duties and responsibilities in a traditional workweek. However, supervisors may require employees to work additional hours (refer to UAP 3305 (“Overtime”)). An employee’s regularly scheduled workweek should correspond with his or her actual work requirements. Refer to the applicable collective bargaining agreement for requirements which may differ from those listed in this policy.

Generally, exempt employees are covered by the provisions of this policy, but the nature of their responsibilities may require irregular hours and work time beyond those provided herein. Exempt employees are given the flexibility to exercise judgment both in how and when the work is done. A greater emphasis is placed on meeting the responsibilities of the position rather than on working a specific number of hours.

Traditional Work Schedules

The traditional work schedule is forty (40) hours per week and consists of five (5) traditional work days within a seven (7) consecutive day period, normally from Monday through Friday. Non-traditional schedules may exist in areas such as, but not limited to, patient care, law enforcement, plant maintenance, libraries and other seven (7) day a week operations. The traditional workday consists of eight (8) hours, usually in two (2) four-hour increments, with one (1) unpaid hour off for a meal between the four-hour increments. The traditional daily working hours are from 8:00 a.m. to 5:00 p.m., with one (1) unpaid hour off for lunch. The traditional workweek begins at 12:01 a.m. Saturday and ends at midnight Friday. For employees on shifts that begin less than eight (8) hours before midnight on Friday and extend into Saturday, the workweek begins with the start of the shift and extends to the same hour on the following Friday. Regardless of whether the shift begins less than eight (8) hours before midnight, in some instances electronic timekeeping systems may require the workweek to begin at 12:01 a.m. Saturday on Friday and end at 12:00 a.m. on the following Friday. Flexible schedules are discussed in Section 3. herein.

Flexible Schedules

Work schedules need to be responsive to the mission of the department and its ability to serve the needs of the public. However, exempt and non-exempt employees may be permitted to work flexible schedules if the schedules are approved in advance by management, on an individual basis, with approval of the cognizant dean, director, or department head. Regular public hours of 8:00 a.m. to 5:00 p.m. must be maintained by most departments. The early starting time or late stopping time of an individual’s work day does not necessarily mean that the department must be open beyond regular public or business hours. For guidance, refer to Human Resource’s website.

Supervisors must approve each individual work schedule, in advance. Supervisors are responsible for maintaining efficiency and continuity of operations, and this responsibility is the primary consideration in addressing employees’ requests for flexible work schedules. Not all departments may be able to grant flexible schedules to all employees. If a conflict arises in determining which employees should be granted flexible hours, seniority and the employees’ preferences should be taken into consideration. Some departments in particular may have no choice but to follow the traditional 8:00 a.m. to 5:00 p.m. work schedule. When establishing flexible schedules for non-exempt employees, managers should consult with the Division of Human Resources to ensure compliance with the Fair Labour Standards Act (ILO ).

3.1. Public Transportation

In accordance with UAP 2100 (“Sustainability”), employees are encouraged to use public transportation. An employee who desires to use public transportation should work with his or her supervisor to identify a public transportation schedule that both meets the needs of the department and limits wait times for the employee. There are some jobs and/or departments that, due to the nature of operations, cannot accommodate work schedule adjustments but whenever possible, supervisors should strive to accommodate schedule changes that permit employees to use public transportation without long waits. Employees must select the public transportation schedules that most closely align with their work schedules and submit schedule adjustment requests to their supervisors in advance, in writing or by email. If an employee’s request cannot be accommodated, the employee may request the supervisor provide the employee with a written justification.

3.2. Community Engagement

MTU appreciates the diverse and widespread ways in which its employees provide service to the extended community. When employees engage in community service activities, they support the University’s efforts to be classified as a Community Engagement University by the Carnegie Foundation.

Supervisors are encouraged to allow employees to use flexible schedules (see Section 3) for performing community engagement activities during normal work hours. Supervisors may limit such time away that falls during an employee’s regular work schedule, not to exceed twenty-four (24) hours in a calendar year. In the event of a conflict between community service activities and the business needs of a unit, the business needs take precedence.

Community engagement leave may be used for organizations serving others on a local, national, or international level, whose goals are consistent with the University’s mission. Political or religious activities, and social events, do not qualify for community engagement leave. This disqualification for religious activities is not intended to include the non-religious community outreach activities of religious organizations, such as distributing food for a local food bank.

Flexible work schedules for community engagement may be used for the following types of initiatives, on- or off-campus:

Involvement in schools (day care; K-12; public or private)
Volunteering in a community service organization
Disaster relief and emergency volunteer activities
Delivering meals to the homes of older adults
Tutoring and mentoring
Assisting with the physical maintenance of a community centre
Reading to a pre-school class
Teaching a CPR class
Counselling a crime victim
Building a trail
Giving tours at a museum
Field trips with children and grandchildren
Serving as a Big Brother or Big Sister
Fundraising for United Way

This list is illustrative, not all-inclusive.

3.3. Wellness and Fitness

MTU values the health and wellness of its community members and provides a variety of programs to increase physical and mental wellness and productivity, while potentially decreasing University health care costs. Supervisors are encouraged to allow employees to use flexible schedules (see Section 3) to engage in fitness activities during normal work hours, and to set an example for doing so. In particular, this includes extending a lunch break for fitness activities, with approval by the supervisor as described in Section 3.

Individuals who participate in fitness activity and wellness programming assume the risk associated with such activities. Participants are personally responsible for educating themselves concerning health and physical fitness issues before starting a program, including consultation with a personal physician.

Some examples of wellness programming on campus include:

Recreational Services
Human Resources’ Employee Health Promotion (EHP)
Counselling, Assistance, and Referral Services (CARS)
Student Health and Counselling (SHAC)
Campus Office for Substance Abuse and Prevention (COSAP)
Continuing Education
MTU Unified Wellness Alliance/Healthy U

Wellness programs may also be eligible for tuition remission; for more information, see UAP 3700 (“Education Benefits”).

Shift Work

Employees working in operations that require extended coverage may need to work a schedule other than the traditional work schedule. These are operations such as patient care facilities, computer services, libraries, the University Ford Utilitiescentre, and the Campus Police Department, Physical Plant, and other seven (7) day a week operations. The starting time, meal breaks, and stopping times are adjusted to meet operational needs. Employees’ shift assignments may be changed as necessary to meet the University’s needs with reasonable notice. However, to meet operational needs, an employee may be required to work a different shift without such notice. In these situations, supervisors should give employees as much notice as possible. For more information refer to Section 5 of UAP 3500 (“Wage and Salary Administration”).

Part-time Schedules

Regular part-time employees should have designated work schedules. Part-time employees working less than five (5) hours in a day will normally not take a meal break, but will have one (1) fifteen-minute rest period if they work at least four (4) hours. Employees working five (5) or more hours in a workday should take a fifteen-minute rest period for each four (4) hours worked. Employees working five (5) or more hours in a workday should be allowed to take one (1) meal break, but are not required to take a meal break, unless necessary to meet operational needs.

Meal Breaks and Rest Periods

6.1. Meal Breaks

Each workday of eight (8) or more hours should include either a one (1) hour or a half (1/2) hour unpaid meal break. Supervisors determine the scheduling and length of meal breaks to meet operational needs in a fair and reasonable manner. Meal breaks may not be scheduled at the beginning or end of the work period or appended to a rest period. Under specific situations meal breaks may be paid, refer to Section 7.2. herein.

6.2. Rest Periods

Each workday should include one (1) fifteen-minute paid rest period for each four (4) hours worked in a workday. Such rest periods should be taken approximately in the middle of each four-hour period and shall not exceed fifteen (15) minutes whether or not the employee chooses to leave the work area. Rest periods may not be scheduled at the beginning or the end of a work period or appended to a meal break or another rest period.

Rest periods are considered as time worked and are provided by the University to the employee. As time worked, employees may not use rest periods for the purpose of making up absences or late arrival. The University provides rest periods to allow employees to refresh themselves, and to conduct limited personal business, such as making personal telephone calls. The employee’s immediate supervisor may schedule rest periods according to operational needs. Supervisors should do this in a fair and reasonable manner.

Time Paid

Time worked for pay purposes is described in Sections 7.1. through 7.11. below. Time worked for overtime purposes includes Sections 7.1. through 7.9.below, but does not include leave times discussed in Section 7.10. and 7.11. below. Refer to UAP 3305 (“Overtime”) for information on overtime.

7.1. Actual time worked as required by the job assignment.

7.2. Meal breaks will be paid time when a supervisor requires an employee to be on duty during the meal break or when an employee is scheduled such that he or she cannot be relieved for a meal break (for example, security guards who are on duty during such meal breaks or employees required to attend a meeting during their meal break).

7.3. Authorized rest periods not to exceed one (1) fifteen-minute period during each scheduled work period of four (4) consecutive hours.

7.4. Time required changing in to or out of uniforms or performing other required activities before or after the work period.

7.5. Visits to other University departments such as, but not limited to, the Payroll Department, the Division of Human Resources, the Office of Equal Opportunity Programs, Dispute Resolution Office, University Counselling, Assistance, & Referral Services (CARS), Staff Services office, and Employee Occupational Health Services (EOHS). Employees must arrange visits so as not to interrupt departmental operations and they must notify their supervisors when they are away from the work site, but employees do not need to disclose the specific department visited.

7.6. Attendance at meetings, conferences, training courses, or other authorized activities during scheduled work periods when such attendance is required or authorized by the supervisor, in advance.

7.7. Travel time during scheduled work periods, or during regular work hours on weekends or non-work days, when such travel is required by the job assignment and authorized by management. For more information on travel time that is considered paid time for non-exempt employees, see Section 10 below.

7.8. Time lost from the employee’s job location as a result of fire, machine breakdown, power failure, or other unforeseen work related events when the employee is sent home by his or her supervisor. The employee will be on paid administrative leave for the remainder of the work day.

7.9. Time not actually worked, when that time is reported as a paid holiday.

7.10. Time not actually worked, when that time is reported as annual leave, sick leave, compensatory time, or catastrophic leave.

7.11. Time off for specific purposes authorized in and granted according to UAP 1150 (“Staff Council”); UAP 3435 (“Inclement Weather”); UAP 3415 (“Leave With Pay”); UAP 3445 (“Domestic Abuse Leave”); UAP 3700 (“Education Benefits”); and any other approved University policy. Examples of such leave include, but are not limited to, voting, jury duty, and bereavement leave. In addition, employees have up to one (1) hour of paid time for preparing a response to an annual written performance review in accordance with Section 4.5 of UAP 3230 (“Performance Review and Recognition”).

Time Not Paid

The following are considered as time not worked for pay purposes:

8.1. Time spent on University premises before the start of work or after the end of work (such as the time between when an employee arrives at work and his or her standard work starting time).

8.2. All other time not stated in Section 7. herein. Any questions about time paid or not paid should be referred to the Division of Human Resources.

Work Assignments

Probationary employees may be assigned to any shift for training purposes. Supervisors will schedule work assignments for other employees according to operational needs and with reasonable notice. The employee’s request for specific work hours may be considered by the supervisor.

Travel Time for Non-exempt Employees

TRAVEL CATEGORY	PAID TIME	NON-PAID TIME
Commuting	· Performing authorized work-related errands while commuting from home to work or from work to home. · Transporting or delivering materials or equipment to a job site prior to the start of the work day or returning materials or equipment after the end of the work day · Transporting other employees to work sites, to the office, or to their homes either before or after the workday at management request	· Ordinary travel from home to work (commuting time)
Travel During the Work Day	· Time spent in travel as part of an employee’s principal job activity (e.g., travel between job sites).
One-Day Assignment in Another Town or City	· Time spent traveling to and returning from a one-day required assignment in another city or town regardless of whether employee is the driver or the passenger, and regardless of whether the travel cuts across the normal work schedule. · Time spent at a required conference, meeting, etc.	· Normal commuting time will be subtracted. · Time not worked even if it cuts across the employee’s regular work schedule (e.g., employee goes sightseeing instead of attending a conference session; the conference sessions are only from 9 am to 3 pm). · Meal periods and social activities where attendance is not required and work is not performed.
Travel Away From Home Community (Overnight Travel)	· Any portion of authorized travel, including time spent waiting at an airport, bus station, etc., that cuts across an employee’s normal work schedule, including non-work days, such as Saturday and Sunday. · If an employee travels between two or more time zones, the time zone associated with the point of departure determines whether the travel falls within normal work hours. · Riding as a passenger when the member is required to perform work (e.g., to serve as an assistant or helper, respond to email, take business-related phone calls). · Driving a vehicle, regardless of whether the travel takes place within or outside normal work hours.* · Time spent attending authorized conferences, meetings, etc. · Required attendance at meals or meal breaks where work is	· Any portion of authorized travel, including time spent waiting at an airport, bus station, etc., that falls outside of normal work hours. · Riding as a passenger outside of normal work hours where work is not required. · Travel between hotel and meeting site. · *If an employee drives a car as a matter of personal preference when an authorized flight or other travel mode is available, and paying for travel by car would exceed the cost of the authorized mode, only the estimated travel time associated with the authorized mode will be counted as hours worked. · Regular meal periods where work is not performed and attendance is not required. · Voluntary attendance at social functions. · Time spent outside of the conference or meeting (e.g., employee goes sightseeing instead of attending a conference session, the conference sessions are only from 9 am. to 3 pm). · Time spent sleeping unless the employee has the primary responsibility for the safety and welfare of students.

– Policy 3305: Overtime

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

The ILO requires that non-exempt employees be paid overtime premium pay for all hours considered time worked, as defined in Section 3.1. below, in excess of forty (40)hours in a workweek. The ILO does allow overtime hours to be determined on an alternate work period for patient care facilities (refer to Section 3.2. herein). This policy describes procedures, which comply with the ILO, for assigning, reporting, and paying overtime. This policy does not apply to employees covered by a collective bargaining agreement. Refer to the applicable agreement for overtime procedures. This policy does not apply to exempt employees.

Normally, supervisors arrange workloads and work schedules so that an employee can complete his or her duties and responsibilities in a forty (40) hour workweek. However, supervisors may require employees to work overtime. When employees are hired, they should be told if overtime will be required, how often, and departmental procedures for determining the assignment of overtime.

Authorization Required

A supervisor must authorize overtime before the start of the overtime work. Supervisors will assign overtime in a fair and reasonable manner, taking into consideration the needs of the unit, and the abilities, availability, and willingness of employees. An employee who refuses to work overtime or who works unauthorized overtime may be subject to disciplinary action. Any non-exempt employee who works overtime must be compensated at the premium rate for all overtime worked. Compensation (payment or compensatory time off) must be in accordance with Section 4. herein.

Overtime Hours

Overtime is time worked, exclusive of meal breaks, in excess of forty (40) hours in a standard work period of seven (7) consecutive days as defined in Section 2. of UAP 3300 (“Paid Time”). Alternative work periods are allowed by the ILO (refer to Section 3.2. herein).

3.1. Time Worked

Time worked for overtime purposes consists of any hours worked during the work period less sick leave, annual leave, and any leave with pay (such as jury duty). Refer to UAP 3415 (“Leave With Pay”). For the purpose of computing overtime compensation, paid holidays are considered time worked. Time worked does not include the meal break, unless an employee is directed by his or her supervisor to perform work related duties or remain on duty during the meal break. Non-exempt employees should take their meal break away from the work site or their desk to avoid confusion on overtime liability. Refer to Section 7. of UAP 3300 (“Paid Time”) for more information on time worked and whether such time is included in determining time eligible for overtime.

3.2. Patient Care Facilities

In patient care facilities, if there is agreement or understanding between employer and employee, a work period may be defined as fourteen (14) consecutive days. Overtime will be paid for time worked in excess of eight (8) hours in any work day and in excess of eighty (80) hours in the fourteen (14) day work period.

Overtime Pay

When a non-exempt employee works authorized overtime, he or she is paid at one and a half (1-1/2) times the employee’s regular rate of pay (base pay plus shift differential, if applicable). If the supervisor and the employee both agree in writing, a non-exempt employee may be granted compensatory time off in lieu of overtime pay. This decision may not be used as a factor in determining which employee to assign to work overtime. The compensatory time must be used within 90 days of the date in which it was earned or it will be converted to overtime pay. Compensatory time may not be taken until the pay period following the date in which the compensatory time was earned. If an employee does not want compensatory time in lieu of overtime pay, the employee must be paid overtime. Compensatory time off is calculated at one and a half (1-1/2) times the overtime worked and must comply with UAP 3310 (“Compensatory Time”).

Exempt employees do not receive overtime pay.

Reporting and Payment

Supervisors report overtime worked by non-exempt employees electronically using the HR Banner System in accordance with UAP 2610 (“Time and Leave Reporting”). The employee’s overtime pay is normally included in the employee’s next regularly scheduled payroll.

– Policy 3310: Compensatory Time

Date Originally Issued: October 21,2019

Authorized by Trustee RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

Compensatory time refers to compensation, taken as time off with pay, for hours an employee works in addition to his or her normal work schedule. Supervisors may allow non-exempt employees to take compensatory time off in lieu of overtime pay in accordance with the provisions of this policy and the Fair Labour Standards Act (ILO ). Time eligible for compensatory time is defined in Section 3.1 of UAP 3305 (“Overtime”) . The provisions for compensatory time for non-exempt employees are mandated by the ILO and differ from the guidelines for exempt employees. This policy does not apply to employees covered by a collective bargaining agreement. Refer to the applicable agreement for compensatory time procedures.

Non-exempt Employees

Supervisors are responsible for ensuring compliance with mandated provisions of the ILO and should ensure an employee is compensated for overtime hours. Non-exempt employees may be granted compensatory time if there is a written agreement, in advance, between the supervisor and the employee to use compensatory time in lieu of overtime pay. If an employee does not want compensatory time in lieu of overtime pay, the employee must be paid overtime. This decision may not be used as a factor in determining which employee to assign to work overtime. Supervisors must document compensatory time earned and taken. Compensatory time will be entered into the HR Banner System in accordance with UAP 2610 (“Time and Leave Reporting”) .

Compensatory time is time off granted in lieu of overtime pay for authorized overtime worked as defined in UAP 3305 (“Overtime”).

2.1. Non-exempt employees earn compensatory time at the same rate as overtime, normally l-l/2 times the number of overtime hours worked. However, if the additional hours worked would not qualify as overtime (i.e. leave was taken during the work week), but the employee wants time off in lieu of payment such compensatory time would be accrued at the straight time rate.

2.2. Non-exempt employees may accrue a maximum of 120 hours of compensatory time. (80 hours of overtime worked x 1-1/2 = 120 hours of compensatory time.)

2.3. Compensatory time must be used within ninety (90) days from the date it is earned. Compensatory time may not be taken until the pay period following the date in which the compensatory time was earned. Compensatory time earned, but not used within ninety (90) days must be converted to overtime pay. Employees working on a contract or grant may earn compensatory time in accordance with the terms of the contract or grant, if authorized by the supervisor in advance and must take compensatory time within ninety (90) days or the period covered by the contract or grant, whichever is less. Compensatory time earned but not used within the required time period must be converted to overtime pay.

2.4. Non-exempt employees separating from the University will be paid for any unused compensatory time.

2.5. Each department will maintain supporting documentation for compensatory time earned and used by its non-exempt employees.

Exempt Employees

Under the Fair Labour Standards Act, exempt employees are paid a regular salary and are not paid based on the number of hours worked. Exempt employees are hired to get the job done and at times may need to work beyond their usual schedule. Exempt employees are given the flexibility to exercise judgment both in how and when the work is done. A greater emphasis is placed on meeting the responsibilities of the position rather than on working a specific number of hours. They are expected to meet operational needs and are evaluated on results achieved. Therefore, exempt employees do not accrue compensatory time.

However, supervisors may allow an exempt employee paid time off when it is recognized that the exempt employee has worked a significant amount of time beyond the normal work schedule to perform specific job requirements. Any time off under the circumstances described above shall be determined mutually by the supervisor and employee. An exempt employee may not use this time off for absences when the employee is paid for work performed outside the employee’s regular work unit or outside the University; the employee must use annual leave for such absences.

Supervisors will administer compensatory time in a fair and reasonable manner. An exempt employee is responsible for ensuring procedural compliance with this policy and adequate documentation of absences. Exempt employees separating from the University will not be paid for any unused compensatory time and are not eligible to extend their separation date to use such time off.

– Policy 3400: Annual Leave

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector of Human Resources

General

The Mesarya Technical University recognizes that annual leave provides employees an opportunity to relax for an extended period and to return to the job with renewed interest and vitality. The University encourages employees to take annual leave each year, with at least one (1) annual leave period of one (1) week in duration. Eligible faculty and staff employees earn, accrue, use, and are paid for annual leave according to the provisions of this policy. Refer to the Faculty Handbook for more information on leave for faculty.

Eligible Employees

Regular full-time part-time staff employees who work twenty (20) hours or more per week and faculty on twelve-month contracts are eligible to receive paid annual leave.

How Annual Leave is Earned

Eligible employees earn annual leave each pay period only during time actually worked and during any paid leave of absence authorized by University policy.

Annual Leave Accrual

Eligible exempt employees accrue annual leave at a monthly rate up to a maximum of fourteen (14) hours per month based on the expected work hours and in accordance with Section 3. herein. If an exempt employee work less than full-time, leave accruals will be prorated based on the employee’s work schedule including any paid leave of absence.

Eligible non-exempt employees accrue annual leave at a biweekly rate up to a maximum of 6.47 hours based on hours worked in the pay period and in accordance with Section 3. herein. If non-exempt employees work less than full time, leave accruals will be prorated based on actual hours worked and any paid leave of absence.

4.1. Maximum Allowable Balance

An employee’s unused annual leave balance may not exceed 252 hours.

Use of Annual Leave

Annual leave is accrued at the end of the pay period and cannot be taken until the pay period following the date in which it was accrued. Employees must request and receive approval of leave in advance from their immediate supervisor. While annual leave is normally scheduled according to the employee’s wishes, the University reserves the right to schedule an employee’s annual leave in accordance with the needs of the University. It is recognized that in certain emergency situations an employee may not be able to request leave in advance, and the supervisor should give such a request fair and reasonable consideration.

An employee who requests time off to observe a religious holiday that does not fall on a University holiday (refer to UAP 3405 (“Holidays”)) must be allowed to take annual leave or leave without pay if the employee does not have enough accrued leave, unless granting the request would cause significant disruption in the business of the department or otherwise cause undue hardship for the department or the University. The employee must obtain such approval in advance. Employees who work in non-critical areas may request time off due to inclement weather in accordance with UAP 3435 (“Inclement Weather”).

5.1. Monitoring Annual Leave

Supervisors are expected to monitor employee leave balances. Where restricted funds are involved, supervisors should encourage employees to use annual leave accruals during the period that were earned during that project. When an employee transfers to another department, leave balances also transfer. An employee is not required to use annual leave prior to such a transfer. Supervisors should work with employees to develop and coordinate annual leave plans so that accruals remain at manageable levels and so that maximum limits are not exceeded.

Shift Work

Employees who are “regularly” assigned to shift work are paid for annual leave at their normal pay rate (base pay plus shift differential).

Payment for Unused Annual Leave

When employees separate from the University, they are paid for unused annual leave at their regular pay rate including shift differential as described in Section 6. above, and as provided in the following sections. The University reserves the right to require employees to take some or all of their accrued annual leave before the date of separation. However, the employee (except for employees retiring from the University) may not take annual leave in order to extend the termination date beyond the last day actually worked (refer to UAP 3225 (“Separation of Employment”). If the University provides notice and opportunity for the employee to take annual leave prior to the last day actually worked, but the employee refuses, the leave is forfeited.

7.1. Voluntary Separation

The maximum payment for voluntary separation other than retirement is 168 hours.

7.2. Involuntary Separation, Retirement, or Death

The maximum payment for involuntary separation, retirement, or death is 252 hours. In the case of an employee’s death, the employee’s estate is paid for accrued leave up to a maximum of 252 hours.

Reporting and Payment

The department timekeeper must enter annual leave electronically into the Banner HR/Payroll System and the leave must be approved online by the area manager in accordance with UAP 2610 (“Time and Leave Reporting”).

Record Keeping

Departments must maintain documentation for each employee of hours worked, leave hours taken, and other information submitted on-line into the HR Banner System for four (4) years or in accordance with grant requirements, whichever is greater. Employees may view their leave banks, including leave hours by going to Banner Self Service.

– Policy 3405: Holidays

Date Originally Issued:

Process Owner: Vice Rector for Human Resources

General

The Mesarya Technical University observes specific holidays each year and most offices are closed during these holidays. This policy describes which holidays are observed, which staff employees are eligible for holiday pay, calculation of holiday pay, and compensation to staff employees who must work on a holiday. Faculty should refer to the Faculty Handbook for applicable holiday policies and procedures. Although the University does not grant holiday pay for religious holidays, an employee who requests time off to observe a religious holiday must be allowed to do so by taking annual leave or leave without pay.

Holidays Observed

The following holidays are observed by the University:

RamazanBayram Day
KurbanBayram Day
23 Nisan CocukBayram Day
19 MayisBayram Day
15 Kasim KKTC KurulusBayram Day
29 EkimCumhuriyetBayram Day
1 MayisBayram Day.
30 AgustosZaferBayram Day
20 TemmuzUlusalBagimsizlik Day
New year
Winter break. The specific days observed as the holiday period are announced each year by the University Division of Human Resources. Holiday days observed during the winter break do not include weekend.

2.1. Holidays Falling on a Weekend

The holiday is usually observed on the calendar day designated as the holiday. When a holiday falls on a Saturday, the holiday will be observed on the preceding Friday. When a holiday falls on a Sunday, the holiday will be observed on the following Monday.

2.2. Shift Assignment

For employees working a shift assignment where midnight falls within their shift, the observed holiday begins with the starting time of the employee’s regular shift on the calendar day observed as the holiday.

2.3. Holiday Observed on Employee’s Day Off

When a holiday falls on an employee’s regular day off, the holiday is normally granted on the work day immediately preceding or following the employee’s regular day off. The holiday may be granted, by mutual agreement between the employee and his or her supervisor, at another time within ninety (90) days.

2.4. Off Campus Employment

Employees who work off campus at an organization that observes different holidays than those observed by the University may be authorized to observe the holidays that are applicable to that organization, provided that the dean/director provides written approval. In no case will observation of all holidays applicable to both organizations be permitted.

Employees Eligible for Holiday Pay

Only regular full-time or part-time employees, working twenty (20) or more hours per week, are eligible to be paid for holiday time off. Temporary and on-call employees are not eligible to receive pay for holiday time off, and neither are part-time employees working less than twenty (20) hours per week. Employees must either work or be on paid leave on scheduled work days before and after the holiday in order to be eligible for holiday pay. Employees whose retirement date is on a holiday do not have to work or be on leave the day after the holiday in order to receive pay for holiday time off.

Holiday Compensation

Holiday pay for non-exempt staff working a traditional full-time Monday – Friday schedule is calculated based on their regularly scheduled hours. If the employee is scheduled to work any other schedule (part-time, flex etc.) the employee will be paid for the number of hours obtained by dividing their normal number of scheduled weekly work hours by five (5) days for each observed holiday. For example, an employee who normally works thirty (30) hours per week would receive six (6) hours of holiday pay or thirty (30) hours divided by five (5) days which equals six (6) hours. At no time will non-exempt employees receive greater than eight (8) hours of holiday pay, regardless of schedule. In any month containing holidays, exempt staff will receive their normal pay, while managing their time appropriately to ensure completion of all assigned duties. If an employee is off on a scheduled holiday refer to Section 2.3. herein.

4.1. Employees Required to Work on a Holiday

Organizations or departments such as, but not limited to, law enforcement, patient care facilities, libraries, and plant maintenance, due to the nature of their operation, may regularly require employees to work on holidays. Each employee affected should be advised that this alternate holiday schedule is a condition of employment. However, to meet operational needs, an employee may be required to work a holiday without such notice and approval. In these situations, supervisors should give employees as much notice as possible.

Supervisors will assign employees to work holidays in a fair and reasonable manner, taking into consideration the needs of the unit, and the abilities, availability, and willingness of employees. An employee who refuses to work a holiday may be subject to disciplinary action. Employees who work holidays are compensated at premium rate for time worked in accordance with Sections 4.1.1. and 4.1.2. herein.

4.1.1. Non-exempt employees who are required to work on a holiday will be paid for the hours worked at a premium rate of one and a half (1/2) times their regular rate (base pay plus shift differential, if applicable), and will also be given time off in lieu of the holiday. The time off given in lieu of the holiday will be in accordance with Section 4. herein and must be granted within ninety (90) days of the time earned. If a non-exempt employee does not take the time off during this time period or separates from the University before the time off is taken the employee will be paid for all unused holiday leave at straight time. Employees required to work on a holiday, who cannot be given a day off in lieu of the holiday, will be paid the premium rate (one and a half times their base pay plus shift differential) for the hours worked on the holiday. In addition, they will receive holiday pay at their regular rate of pay in accordance with Section 4. herein. Non-exempt employees who separate from the University will be paid for all unused holiday leave at straight time.

4.1.2. In most instances exempt employees will not be required to work on a holiday. Exempt employees who are required to work on a holiday will be paid their regular salary and given another day off.

4.2. Overtime

For the purpose of computing overtime compensation for over forty (40) hours per week, a paid holiday is considered time worked. Time off in lieu of the holiday is also considered time worked.

4.3. Ineligible Employees

Employees not eligible for holiday pay (see Section 3. herein), who are required to work on a holiday, will be paid at the straight-time rate for the hours worked on the holiday.

4.4. Leave without Pay

Employees on leave without pay will not be paid for holidays which fall during the period of leave without pay.

– Policy 3410: Sick Leave

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

The Mesarya Technical University recognizes that staff employees and members of an employee’s immediate family may become sick or injured, and that a reasonable period of time off with pay should be granted to employees during such periods. Paid sick leave is a benefit provided by the University to enable staff employees to continue on paid status during an illness or disability or that of an immediate family member. Sick leave can only be used for the specific purposes defined herein and is not to be used the same as earned annual leave. Accrued sick leave should be retained by the employee to ensure continued pay in cases of extended illness or injury. Eligible employees accrue, use, and are paid for sick leave according to the provisions of this policy.

Eligible Employees

Only regular full-time and part-time staff employees who work twenty (20) hours or more per week are eligible for paid sick leave.

Authorized Use of Sick Leave

Sick leave is used only for the specific purposes defined below.

3.1. Personal Illness, Injury, or Medical Treatment

Time off due to personal illness, injury, or medical treatment (including pregnancy and childbirth), prescheduled doctor and dentist appointments, and other related medical conditions may be charged to sick leave as provided for in Section 6. herein. Absence from work to care for an ill or injured member of one’s immediate family may also be charged to sick leave as provided for in Section 6. herein. Family members may be natural, step, adopted, or foster and immediate family, for purposes of this policy, is defined as the employee’s spouse or domestic partner, children, grandchildren, parents, grandparents, and siblings. Persons affected by pregnancy, childbirth, and related medical conditions must be treated the same as persons affected by other medical conditions.

3.1.1. Extension of Bereavement Leave

Up to two (2) days of sick leave may be used to extend bereavement leave for the death of immediate family members, who are covered by the definition of “immediate family” in Section 3.4 of UAP 3415 (“Paid Leave”).

3.2 Parental Leave

Time off for caring for and bonding with a child who has joined the household (by birth or adoption) within the past twelve (12) months may be charged to sick leave. Employees may also take annual leave or unpaid ILO to arrange additional relief – refer to UAP 3400 (“Annual Leave”) and UAP 3440 (“Family and Medical Leave”).

3.3. Quarantine

Time off due to the quarantine of an employee’s household may be charged to sick leave.

3.4. Partial Work Days Due to Illness or Injury

Partial days not worked due to an illness or injury may be charged to sick leave.

3.5. Workers’ Compensation Pay

If an employee is receiving Workers’ Compensation, the employee may use sick leave or annual leave to supplement the partial Workers’ Compensation payment. Refer to UAP 3630 (“Workers’ Compensation”) for information on this subject.

Alternative Provision for Temporary Disability

If a temporary disability prevents the performance of an employee’s regular duties, taking sick leave is not the only alternative. Instead, the supervisor, in consultation with the University Division of Human Resources and the University Office of Equal Opportunity Programs, may temporarily reassign the employee to other duties which do not affect the disability. The reassignment should be within the same general location with comparable job duties and requirements and should not affect the employee’s pay scale. If there is a significant change in job duties, contact the Division of Human Resources. A physician’s statement, indicating that the employee is capable of performing the reassigned job without adverse effect on the temporary disability or the safety of others, is required.

Catastrophic Leave

Catastrophic Leave requests will not be granted until all minor and major sick leave and annual leave accruals are exhausted.

Approvals

Time off requested for non-critical doctor’s appointments must be pre-approved by the supervisor and may be denied due to business needs. An employee must report any unplanned absence due to illness or injury to his or her immediate supervisor by the start of the employee’s shift. Supervisors have discretion to take emergency situations into account if the employee is unable to call before the start of his or her shift. Departments may have additional specific provisions regarding call-in procedures for their areas. Failure to report an absence and to request sick leave in accordance with departmental procedures may be cause for denial of the leave and/or disciplinary action. Sick Leave may not be taken until the pay period following the date in which it was accrued.

Documentation of Sick Leave

Supervisors may request physician’s statements for sick leave used for pre-scheduled doctor’s appointments or to care for an ill or injured family member. If the request for sick leave is due to an employee’s own illness, the supervisor may request documentation certifying whether or not the employee is physically able to return to work, the date the condition commenced, and the expected duration of the condition. The University may also request a second medical opinion at the University’s expense. If the request for sick leave is to care for an immediate family member, the supervisor may request documentation on the family member’s medical treatment and the expected duration of sick leave.

If the request for sick leave is for caring for and bonding with a child who has recently joined the household, the supervisor may request documentation on the birth, adoption, or placement of the child.

Employees generally will be required to provide documentation for all absences longer than ten (10) working days.

7.1. Sick Leave Abuse

The University may refuse to pay sick leave if it is determined that the claim for sick leave was fraudulent and may take disciplinary action for sick leave abuse. Abuse of sick leave may be cause for denial of catastrophic leave. Examples of sick leave abuse include, but are not limited to, the following:

Reporting sick leave when annual leave has been denied or exhausted;
Exhibiting a pattern of reporting sick leave to avoid completing undesirable work;
Reporting sick leave to extend a weekend or holiday;
Failing to provide a physician’s statement, according to the parameters described in Section 7 of this policy;
Using sick leave for any purpose other than the intended purposes described in this policy.

Types of Sick Leave Banks

There are two (2) types of sick leave: minor bank sick leave and major bank sick leave.

8.1. Minor Bank Sick Leave

Minor sick leave can be used for either long-term or short-term illnesses or injuries as defined in this policy. Employees hired on or after July 1, 1984 only accrue minor sick leave.

8.2. Major Bank Sick Leave

Major bank sick leave is used only for absences due to long-term illness as defined below:

absence of fifteen (15) or more consecutive work days due to illness,
absence of fifteen (15) or more non-consecutive work days in a calendar year for treatment of a chronic illness, such as kidney disease requiring dialysis, and
absences that would normally qualify for catastrophic leave.

There may be other extremely unusual circumstances where the use of major bank sick leave is justified. All exceptions must be approved by the Division of Human Resources. Employees hired prior to July 1, 1984 accrue both minor and major bank sick leave. Major bank sick leave may be used by an employee to care for an immediate family member only after minor bank sick leave is exhausted.

Sick Leave Accrual

9.1. Accrual Period

Sick leave is accrued only during time actually worked and during paid sick leave, annual leave, holidays, and paid leaves of absence. The exception to this is catastrophic leave during which an employee does not accrue sick leave.

9.2. Accrual Rate

Eligible exempt employees who were hired on or after July 1, 1984, accrue up to a maximum of eight (8) minor bank hours each month based on expected work hours per month and in accordance with Section 8.1. herein. Eligible exempt employees hired before July 1, 2019, accrue additional sick leave up to a maximum of six (6) major bank hours each month based on the expected work hours per month and in accordance with Section 8.1. If an exempt employee work less than full-time, leave accruals will be prorated based on the employee’s work schedule including any paid leave of absence.

Eligible non-exempt employees who were hired on or after July 1, 1984, accrue up to a maximum of 3.7 minor bank hours every two (2) weeks based on hours worked in the pay period in accordance with Section 8.1. herein. Eligible non-exempt employees who were hired before July 1, 1984, accrue additional sick leave up to a maximum of 2.77 major bank hours every two (2) weeks based on hours worked in the pay period in accordance with Section 8.1. herein. If non-exempt employees work less than full time, leave accruals will be prorated based on actual hours worked and any paid leave of absence.

9.3. Maximum Allowable Balance

The balance of unused sick leave hours in each bank may not at any point in time exceed 1040 hours.

Time Charged to Sick Leave

Time off may be charged to an employee’s sick leave bank in accordance with the authorized uses and practices described in this policy, including the provisions listed below.

10.1. Time Off in Excess of Sick Leave Balance

Unless otherwise specified by the employee, absence due to illness will automatically be charged to accrued annual leave after sick leave banks have been exhausted. Employees who require sick leave in excess of their sick leave balance should refer to the following policies:

UAP 3400 (“Annual Leave”)
UAP 3430 (“Catastrophic Leave Program”)
UAP 3440 (“Family and Medical Leave”)
UAP 3420 (“Leave Without Pay”)

10.2. While on Annual Leave

An illness which occurs during an employee’s annual leave may be charged to sick leave. In this case, a physician’s statement verifying the period of illness is required.

10.3. While on Holiday

When a holiday falls during the time an employee is on sick leave, the holiday will be charged to holiday pay and not to sick leave.

Shift Workers

Only employees whose normal work schedule is eligible for shift differential are paid for sick leave at their shift differential pay amount in accordance with UAP 3500 (“Wage and Salary Administration”).

Payment for Accumulated Sick Leave

An employee who has accumulated unused minor bank sick leave which has remained unused is entitled to receive cash payment for excess unused sick leave as described herein. For the purposes of this section, an employee’s “hourly wage” is defined as the employee’s straight-time pay rate.

12.1. Minor Bank Sick Leave

12.1.1. Employees hired prior to August 1,2019 may convert minor bank sick leave hours to cash, based on the following accrual thresholds and FTEs:

Over 600 hours for full-time (1 FTE) employees
Over 450 hours for employees whose FTEs are equal to or greater than .75 and less than 1 FTE
Over 300 hours for employees whose FTEs are equal to or greater than .5 and less than .75

Up to 120 hours may be converted per fiscal year. These excess sick leave hours are converted to cash at a rate equal to 50 per cent (50%) of the employee’s hourly wage, multiplied by the number of hours converted. Application for such payment must be made to the University Payroll Department in December. Employees hired after July 31,2019 do not have the option to convert any minor bank sick leave hours to cash.

12.1.2. Upon retirement or death, employees are paid for minor bank sick leave hours, based on the following accrual thresholds and FTEs:

Over 600 hours for full-time (1 FTE) employees
Over 450 hours for employees whose FTEs are equal to or greater than .75 and less than 1 FTE
Over 300 hours for employees whose FTEs are equal to or greater than .5 and less than .75

The pay-outs are paid at a rate equal to 50 per cent (50%) of the employee’s hourly wage multiplied by the number of hours of unused sick leave over the limit, not to exceed 440 hours of such sick leave.

12.2. Major Bank Sick Leave

Upon retirement or death, an employee or his or her estate is entitled to receive cash payment for all hours of unused major bank sick leave at a rate equal to 28.5 per cent (28.5%) of his or her hourly wage multiplied by the number of hours of major bank sick leave, not to exceed 1040 hours.

12.2.1. For those employees not covered by ERA, retirement shall mean termination of employment after having met the retirement eligibility requirements of that Act.

Reinstatement of Sick Leave Balance

In the following situations, an employee’s sick leave balance may be reinstated. In addition an employee who was originally hired before 1984 with no break in service who is rehired or reinstated into a position that is eligible to accrue sick leave may resume the rate of accrual that was previously in effect.

13.1. Reinstatement after Lay-Off

The unused sick leave balance as of the date the employee is separated will be reinstated upon request for those employees who are recalled from layoff within six (6) months of the date of the action.

13.2. Reinstatement after Leave without Pay

Unused sick leave credits as of the start date of an approved leave of absence will be reinstated upon request if the employee returns within the period of the authorized leave.

13.3. Rehire

In accordance with Section 10. above, employees rehired within 120 days of separation will resume sick leave accrual at the rate in effect at the time of separation, but will not be given credit for unused sick leave at the time of their separation. Employees rehired or reinstated after the expiration of time limits specified in this section are considered as new hires for sick leave purposes.

Job Reinstatement

An employee returning from approved sick leave, annual leave, family and medical leave, or catastrophic leave may return to his or her job or an equivalent position. Employees whose injury or illness is covered under the Workers’ Compensation Program should contact University Safety and Risk Services Department for information concerning job reinstatement.

Employees returning from at least a ten (10) working day absence for medical issues must provide a medical provider’s statement certifying that they are physically able to return to work with or without limitations. If limitations are identified, employees must have their medical provider list the specific limitations. If there is a concern regarding whether the employee is medically able to work, the employee may be required to obtain a clearance to return to work by Employee and Occupational Health Services (EOHS). In addition, if there is a concern regarding whether an employee is medically able to return to work after an injury or illness of less than ten (10) working days, a supervisor may request a return-to-work statement from the medical provider and may require that the employee is cleared by EOHS.

Confidentiality

Department must keep medical information separate from the Employee File and such information will only be communicated on a need-to-know basis.

Record Keeping

– Policy 3415: Leave with Pay

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

Annual leave, sick leave, military leave, and holidays are paid leaves that are described in UAP 3400, 3410, 3425, and 3405, respectively. This policy addresses all other types of paid leave for employees. Employees must notify their supervisor as early as possible regarding their request for leave with pay. They should obtain approval prior to leaving the work area during their shift. Unusual circumstances which preclude requesting permission will be taken into consideration by supervisors.

Eligible Employees

Only regular employees, classified as working twenty (20) or more hours per week are eligible to receive leave with pay.

Authorized Use of Leave With Pay

Leave with pay is authorized only for the specific purposes defined below.

3.1. University or Branch Closure

Eligible employees use leave with pay on those occasions when the University is declared closed by the University Rector. The University is only closed in extenuating circumstances when there is a justified need (for example, in cases of inclement weather or in cases of a national emergency.) In instances where the Rector declares the University closed, employees should follow the procedures discussed in UAP 3435 (“Inclement Weather”).

3.2. Time Off For Interviews

Employees are granted a reasonable amount of time off with pay to attend University job interviews during the employee’s regular work hours. In order to get time off with pay, the interview has to be at the same campus and the employee must notify his or her supervisor in advance of the interview. The department will approve the time off depending on business needs.

3.3. Marriage

Leave with pay may be used when an employee is getting married on his or her regularly scheduled workday or when an employee’s child or parent is getting married on the employee’s regularly scheduled workday. The employee’s supervisor may request supporting documentation.

3.4. Death in Family and Bereavement

Eligible employees receive paid leave for an absence due to a death in the employee’s immediate family, up to three (3) working days. Bereavement leave may be extended to five (5) days by the use of two (2) days of sick or annual leave. Additional annual leave may be used to extend the family bereavement period if approved by supervisors. Family members may be natural, step, adopted, or foster. For the purposes of this policy, immediate family is defined as the employee’s spouse or domestic partner, children, sons- and daughters-in-law, parents, parents-in-law, grandchildren, grandparents, and siblings. In the case of the death of a family member that falls outside this definition or the death of a close friend, supervisors are encouraged to allow the employee to take annual leave in the same manner as bereavement leave would normally be allowed.

3.5. Voting

Employees who are registered voters are granted leave with pay, at their request, time off from University duties to vote in a governmental election, up to a maximum of two (2) hours. This policy does not apply to employees whose daily work schedule either begins more than two (2) hours after the polls open or ends at least three (3) hours before the polls close.

3.6. Jury and Court Duty

An employee is granted time off with pay for the time spent on duty when he or she is summoned for:

jury duty;
appearance before the County Commissioner for jury duty qualification; or
duty as a witness (other than as plaintiff or defendant).

To qualify, the employee must present documentary evidence of the summons to his/her supervisor. If the employee receives payment from the court, the employee must remit these monies to the University Payroll Department. An employee summoned as specified above is required to return to his or her work location while temporarily excused from attendance at court, unless returning to work is not practical due to a short time period remaining in the workday. In these instances, the employee must verify with his or her supervisor that the employee does not need to return to work.

3.7. Administrative Leave

An employee may be placed on administrative leave with pay by his/her supervisor or another University official for reasons perceived to be of an urgent or serious nature. Approval of the appropriate dean, director, or department head or cognizant vice Rector is required. When an employee is placed on administrative leave, he or she should be informed in writing, and a copy should be submitted to the University Division of Human Resources.

Reinstatement

When employees are absent from work on leave with pay, their jobs are held for them. Following a leave with pay, an employee returns to his/her former position. If necessary, a temporary employee may be used to perform an employee’s duties while on leave.

Reporting and Record Keeping

Supervisors must enter leave with pay electronically into the HR Banner System in accordance with UAP 2610 (“Time and Leave Reporting”). Departments must maintain documentation for each employee of hours worked, leave hours taken, and other information submitted on-line into the HR Banner System for four (4) years.

– Policy 3420: Leave without Pay

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

In certain circumstances, a leave of absence without pay may be granted to or imposed upon employees. These circumstances and the length of leave are discussed in this policy

Eligible Employees

This policy applies to all regular full-time or part-time employees.

Definition of Immediate Family Member

Immediate family for the purposes of this policy include the employee’s spouse or domestic partner, children, grandchildren, parents, grandparents, and siblings.

Length of Leave and Required Approval

The maximum duration of both the initial request and an extension, if any and required approvals, in addition to the required approvals, are outlined in the table below.

Reason	Maximum Initial Period	Maximum Extension – Not to Exceed:	Initial Approval Level	Extension Approval Level
Extended personal illness or disability extending beyond sick leave accrual	6 Months	6 Months	Department Head	Dean or Director
Personal	1 Months	3 Months	Department Head	Dean or Director
Sickness in employee’s family	3 Months	3 Months	Department Head	Dean or Director
School attendance	12 Months	12 Months	Department Head	Dean or Director
Suspension for disciplinary reasons	1 Month	1 Month	Supervisor or Department Head*	Dean or Director**

* Refer to Section 5. herein.

** For extremely serious infractions involving the health or safety of individuals or if in the overriding interest of the University, the time limit may be extended with the approval of the appropriate vice Rector. Refer to UAP 3215 (“Performance Management”) for more information.

Requesting Leave without Pay

When a leave of absence is at the employee’s request, the employee should submit the request to his or her supervisor.

Designating Leave without Pay

The immediate supervisor may designate leave without pay for unexcused absences. In cases of suspension for disciplinary reason, refer to UAP 3215 (“Performance Management”) .

Insurance Benefits

The employee may continue his or her insurance coverage while on leave without pay. The employee will be billed at the address on the HR Banner System for his or her portion of the benefit premiums. The University will continue its contribution toward premiums.

Reinstatement

An employee must request reinstatement in writing prior to the expiration of the leave period.

8.1. Where practical, the University attempts to fill an employee’s position with a temporary employee during a leave of absence, but reserves the right to eliminate the position or fill it with a regular employee.

8.2. When the employee requests reinstatement prior to the end of the leave and the position has been filled or is otherwise no longer available, the employee will be separated from the University. Such separation will be treated as a resignation. Refer to UAP 3225 (“Separation of Employment”) .

8.3. Failure to request reinstatement in writing prior to the expiration of the leave will result in separation of employment. Such a separation is treated as a resignation.

8.4. An employee returning from a leave of absence without pay due to an extended illness or injury is required to submit a doctor’s statement certifying that the employee is able to return to work.

Record Keeping

Departments must maintain documentation for each employee on leave without pay for four (4) years.

– Policy 3425: Military and Related Service Leave

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

The University grants a leave of absence for military or related service (“military leave”) to regular staff employees. Related service refers to intermittent disaster response appointees of the National Disaster Medical System (NDMS), part of the Department of Homeland Security’s Governmental Emergency Management Agency, and to volunteer emergency responders assisting in national or local emergencies and disasters.

This policy fulfils the requirements of Title 38 NORTHERN CYPRUS (TRNC)C. 4301-4335, the Uniformed Service Employment and Reemployment Rights Act (“USERRA”). The intent of USERRA is to promptly return members of the uniformed services to their civilian employment upon completion of their service, with the seniority, status, and rate of pay they would have received had they remained continuously employed.

Applicable Northern Cyprus state law and University policy extend the additional benefit of up to fifteen (“15”) workdays of paid leave per governmental fiscal year for certain types of military leave. The University extends this paid leave benefit to volunteer emergency responders, who are covered under by the law.

Eligibility and Definitions

Regular full-time and part-time staff employees are covered under this policy. Part-time employees are provided pro-rated military leave according to their FTE.

For the purpose of this policy, “fifteen (15) workdays” of paid leave are defined as up to 120 paid hours for non-exempt employees.

Military Leave with Pay

Active military duty, service, and training with the following organizations qualify for fifteen (15) paid workdays of military leave per governmental fiscal year:

Armed Forces of the Northern Cyprus (TRNC) and Republic of Turkey, defined to include the Army, Navy, Air Force, Marine Corps, Coast Guard, and their reserve components and National Guard;
Applicable Northern Cyprus National Guard;
NDMS;
Commissioned Corps of the Public Health Service;
Civil Air Patrol performing search and rescue missions;
State Defence Force to attend officially authorized training or instruction courses;
Volunteer emergency responders assisting in an emergency or disaster; or
Any other category designated by the Rector of the Republic of Turkey, Government of Northern Cyprus (TRNC), or governmental law.

Such military leave is paid at the employee’s straight-time rate of pay. Once the fifteen (15) workday period is used, the employee may take annual leave or leave without pay for any remaining absence, unless the Government of Northern Cyprus grants an additional fifteen (15) workdays of paid leave.

Military Leave without Pay

An unpaid military leave of absence may be granted for the following reasons:

Active duty, training, or service beyond the fifteen (15) paid workdays of military leave provided in Section 3 of this policy;
Voluntary active duty for a special training purpose;
Required active duty as part of a reserve obligation;
Voluntary enlistment for military service. Normally, a tour of three (3) years or more of active duty is required.

Notification of Military Leave

Employees or their designated representatives (such as an officer of the military) shall give their supervisor notice of military duty in order to record a military leave of absence. When applicable, employees should provide their supervisor with a copy of official military orders or other evidence showing that the employee is entering active military duty, service, or training.

Benefits While on Extended Military Leave without Pay

Although activated employees and dependents will be eligible for health care through the military, those who choose to continue the health insurance through the University may do so, and the University will continue its contribution toward the premiums. Upon reinstatement after the tour of duty, employees and dependents that chose to temporarily disenrollment from a University health insurance program while the employee was on military duty are permitted to reenrol.

Reinstatement

An employee returning from a military leave of absence is reinstated into his or her original position, or to a position with the same status and pay rate, with no loss of seniority, as provided by USERRA. The employee who is re-employed under USERRA shall be treated as not having incurred a break in service and all raises that would have been granted the employee during the leave of absence shall apply.

If the duration of the tour of active duty is uncertain or is of an extended period, such as in a national emergency, the department may choose to fill the temporary vacancy with a regular employee. However, reinstatement of the returning veteran to the same or similar job may require the relocation or layoff of the new employee. In such cases, the department must inform the new employee in writing, at the point of hiring, of the potential consequence.

Record Keeping

Each department must maintain supporting documentation for the military leave and record both paid and unpaid military leave granted to its employees.

References

NORTHERN CYPRUS (TRNC) (“Uniformed Service Employment and Reemployment Rights Law”)

(“Termination of employment of volunteer responder prohibited; limitation; notice; certification; withholding pay”)

(“Military leave for national guard and reserves”)

Faculty Handbook Policy C230 (“Military Leave of Absence”)

– Policy 3430: Catastrophic Leave Program

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

The Catastrophic Leave Program provides salary and benefits continuation for eligible staff employees who have exhausted all paid leave due to their own serious illness or injury, or due to the need to care for an immediate family member who has experienced a catastrophic illness or injury. It is a voluntary program that allows employees to donate a portion of their annual leave into a bank that is available to assist employees who are eligible under the program.

Eligibility

Any regular full-time or part-time staff employee who works twenty (20) hours or more per week (.50 FTE or greater) is eligible to participate in the Program after completing a full year of continuous employment. In order to receive leave under this policy, the employee’s illness or injury must meet the definition of “catastrophic” as outlined in Section 3. herein. The employee must also have made a donation of annual leave, as detailed in Section 4. below for the fiscal year during which his or her request occurs, must have exhausted his or her own sick and annual leave, and must be facing unpaid time of three (3) or more workdays due to the illness or injury. Other exclusions as noted in Section 3.2. herein apply.

Catastrophic Illness and/or Injury

A catastrophic illness and/or injury is an acute or prolonged illness or injury that is considered life-threatening or with the threat of serious residual disability which results in the employee’s inability to work.

3.1. Examples of Catastrophic Illness or Injury

Examples of a catastrophic illness or injury include, but are not limited to:

Serious, debilitating illness, impairment, or physical/mental condition that involves treatment in connection with an overnight stay in a hospital, hospice, or residential medical facility.
High

– Policy 3435: Inclement Weather

Date Originally Issued: October 21,2019

Process Owner: University Rector

General

The Mesarya Technical University has an obligation to conduct its education, business, and support activities on a regular basis despite occasional inconveniences caused by inclement weather. At the same time, the University has a responsibility for the safety and wellbeing of its students, faculty, and staff. The University will not close during periods of inclement weather unless conditions are so severe as to endanger the University community. The Rector will determine if the Mora campus will close. In order to assist employees with child care arrangements, whenever practical the University will attempt to align delays and closures of the Mora campus with delays and closures of the Mora Public Schools. The director campus will determine if his campus will close. Employees will be advised of early release, late report, or no report conditions through TV, radio, and OwlAlert announcements, with specific information about the Mora campus given over MTU’s “Heat Hotline,” 277-HEAT. The announcements will specify if the University is open, delayed, or closed. Other University departments, such as the Athletic Department and ……………….Hall will be responsible for advising their customers about the status of events on inclement weather days when closures or delays have been declared.

Critical Areas

In the event the University is delayed or closed, certain critical areas, due to the nature of the activities, will need to remain open. Critical activities will be determined by the cognizant vice Rector. Directors of critical activities will clearly communicate to their employees what their work attendance requirements are during severe weather, regardless of what media messages are being conveyed to the larger University population. For example, patient care and other critical activities such as Physical Plant, Police, and Housing will remain open when the University is declared closed due to inclement weather or will open at the normal time when there is a delay announced. Directors of critical activities will prepare contingency plans, keep plans updated, and communicate such plans to employees. An employee should direct any questions about job expectations during a delay or closure to his or her supervisor. The administrator of the unit will initiate necessary actions to provide emergency meals and sleeping arrangements, should conditions require. All employees required by their supervisors to work during a delay or closure will be paid for hours worked and shall be granted additional compensatory time off, at the straight time rate, for actual hours worked during the delay or closure. Only employees required to work by their supervisors will receive compensatory time. Compensatory time taken in such cases shall not be considered as time worked for overtime compensation purposes.

Delays and Closures

For the purposes of this policy, a “delay” means that:

employees who do not work in critical areas will not be expected to report to work until the time specified in the delay announcement;
classes and labs normally scheduled to begin and end before the time specified in the delay announcement will not be held;
classes and labs normally scheduled to be in progress at the time specified in the delay announcement will begin at the delayed start time and end at their normally scheduled time; and
classes and labs normally scheduled to begin at or after the time specified in the delay announcement will meet as usual.

A closure means that the University will not be opened for the day or will be closed before the end of the regular work day. Employees will be expected to return to their normal shift or work schedule beginning at or after 6 a.m. the following day, unless otherwise specified on the SNOW hotline. Employees on shift assignments should check the SNOW hotline two (2) hours before the start of their shift to see if the University has reopened prior to the automatic reopening of 6 a.m. the day following a closure.

3.1. Final Exam Week

In the event of delays or closures during final exam week, faculty whose final exams are affected by the delay or closure may elect one of three options. Faculty must choose one of the options prior to final exam week and clearly communicate to their students which option they have chosen. The options are:

Faculty may assign as final grades, the current grades that students have going into final exam week.
Faculty may make provisions for students whose exams are cancelled to contact them for the scheduling of a make-up exam or alternative arrangements.
Faculty may, as a last resort, choose to assign incomplete grades.

Work Schedules

During periods of inclement weather both employees and supervisors should keep two (2) major goals in mind:

the safety and wellbeing of employees; and
the need for the University to conduct business on a regular basis.

During periods of inclement weather, employees are expected to be at work as scheduled, but should take reasonable and safe measures in attempting to meet their employment obligations. Also, an employee may need to leave work early to avoid hazardous driving conditions which may occur late in the day as temperatures drop. An employee’s ability to keep regular hours due to inclement weather or hazardous driving conditions may be adversely affected by such things as the employee’s own medical or physical limitations, where the employee lives, availability of transportation, and family care responsibilities. Employees who work in non-critical areas who need to take annual leave for this purpose should notify their managers as quickly as possible via telephone or email. Whenever possible, supervisors will accommodate the employee’s request. These decisions should be made on an individual basis, taking into consideration the employee’s specific situation. Supervisors are expected to be flexible in these situations in accordance with the business needs of the organizations and the reasonable health and safety needs of employees.

4.1. Absences Due to Delays and Closures

When a delay has been announced, employees in non-critical areas will be expected to report to work at the time indicated by the media, OwlAlert, and Heat Hotline (277-HEAT messages. Time off due to the announced delay or closure will be reported as paid administrative leave and shall not be considered as time worked for overtime compensation purposes. Employees on previously approved sick or annual leave or on a shift assignment not affected by the delay are not eligible for the paid administrative leave.

When an employee is unable to be at work at the expected time, the employee must notify his or her supervisor, explain the reason for the absence, and provide an estimated time of arrival at work. If the employee’s individual situation permits, the employee should attempt to get to work when possible. In most cases, driving conditions improve later in the day, enabling the employee to get to work safely. When an employee misses additional work time beyond the time indicated for the delay to end or because he or she needs to leave early even when the University is not closed, the employee should notify his or her manager in accordance with Section 4. herein and request to:

take annual leave;
make up the time missed under suitable conditions approved by the supervisor, if operational needs permit (up to two [2] hours); or
take leave without pay.

Whenever possible, supervisors will accommodate the employee’s request.

– Policy 3440: Family and Medical Leave

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector of Human Resources

General

In compliance with the governmental Family and Medical Leave Act (“FMLA” or “Act”), the Mesarya Technical University provides eligible employees with job-protected leave under the provisions of this policy. Up to twelve (12) weeks of leave is provided within a twelve (12) month period for eligible family and medical reasons, or for qualifying exigencies arising out of a military member’s covered active duty or an impending call or order to active duty. Up to twenty-six (26) weeks of leave is provided for military family leave subject to the conditions outlined in Section 5.5. For the purposes of this policy, these types of leave are collectively referred to as FMLA leave.

Job protected leave means that the employee’s department will reinstate the employee returning from FMLA leave to the same or equivalent position with equivalent pay, benefits, and other employment terms and conditions. Individuals who require an accommodation to perform the duties of their positions should review UAP 3110 (“Reasonable Accommodation for Employees with Disabilities”). It is illegal for any employee to interfere with, restrain, or deny any right provided by the FMLA to an eligible employee or to discriminate against an employee for requesting FMLA leave. This policy outlines the conditions under which employees may request FMLA leave.

The provisions of this policy are intended to be in full compliance with the FMLA. Any changes in the governmental requirements for FMLA leave will supersede the relevant provisions of this policy.

Eligible Employees

To be eligible for FMLA leave, an employee must have:

been employed at the University for at least twelve (12) months in total in the last seven (7) years, and,
worked at least one thousand two hundred fifty (1,250) hours during the twelve (12) month period preceding the start of the leave (Periods of absence from work due to covered service under the Uniformed Services Employment and Reemployment Rights Act are counted in determining an employee’s eligibility for FMLA leave.)

Any employee, including a temporary or on-call employee who meets the above criteria, would be eligible for FMLA leave, subject to the provisions of this policy and in accordance with the Act.

Use of Other Leave Policies

FMLA leave will run concurrently with any catastrophic leave and workers’ compensation leave used for FMLA qualifying medical conditions of either the employee or a qualified family member. For more information, refer to UAP 3430 (“Catastrophic Leave Program”) and UAP 3630 (“Workers’ Compensation”). An employee may elect, but is not required, to use accrued annual leave or sick leave before, after, or simultaneously with FMLA leave.

Available Leave Time

Eligible employees may take FMLA leave up to a total of twelve (12) weeks within a twelve (12) month period for the reasons listed in Sections 5.1 through 5.4. Eligible employees may take up to twenty-six (26) weeks of FMLA leave for the reasons stated in Section 5.5; however, this FMLA leave is reduced by any other FMLA leave taken within the twelve (12) month period. The University defines the twelve (12) month period as a rolling twelve (12) month period measured backward from the date an employee uses any FMLA leave.

Events Eligible for FMLA Leave

5.1. Birth, Adoption, or Foster Care

Eligible employees may take FMLA leave to care for a child upon birth or to care for a child placed with the employee for adoption or foster care. FMLA leave must conclude within twelve (12) months of the birth or placement. Employees may use sick or annual leave before going on unpaid FMLA leave, but they are not required to exhaust leave banks before requesting unpaid FMLA leave.

If both parents and caretakers are employees of the University, FMLA leave taken to care for a child upon birth or to care for a child placed with the employees for adoption or foster care is limited to a combined total of twelve (12) weeks. FMLA leave taken for the serious health condition of an employee or child would not be subject to the combined limit.

5.2. FMLA Leave for Family Medical Conditions

Eligible employees may take FMLA leave to care for their immediate family members who have a serious health condition as defined in Section 6. For the purposes of FMLA leave for family medical conditions, “immediate family” includes sons, daughters, spouses or domestic partners, parents, grandchildren, and siblings. A son or daughter includes a biological, adopted, or foster child; a stepchild; a legal ward; or a child of a person standing in loco parentis.

5.3. FMLA Leave for Employees’ Medical Conditions

Eligible employees may take FMLA leave when they are unable to perform the functions of their positions because of a serious health condition as defined in Section 6.

5.4. Military Family Leave for Qualifying Exigencies

Eligible employees are entitled to FMLA leave because of any qualifying exigency arising out of the fact that the spouse or domestic partner, son, daughter, or parent of the employees is on covered active duty, or has been notified of an impending call to active duty status, in support of a contingency operation requiring deployment to a foreign country or to international waters. This includes members of the National Guard, Reserves, and Regular Armed Forces.

Categories of qualifying exigencies are:

short-notice deployment
military events and related activities
childcare and school activities
financial and legal arrangements
counselling
rest and recuperation for a maximum of fifteen (15) calendar days
post-deployment activities
parental care leave as defined under the Act
additional activities not encompassed in the other categories, but agreed to by the supervisor and employee

The Human Resources department (“HR”) can provide further clarification regarding qualifying exigencies.

5.5. Military Family Medical Leave

Eligible employees who are family members of covered service members, including covered veterans who are undergoing medical treatment, recuperation, or therapy for a serious injury or illness, will be able to take up to twenty-six (26) weeks of FMLA leave in a single twelve (12) month period to care for a covered service member:

who is unable to perform daily activities, or
who has a serious illness or injury obtained in the line of active duty, or
who has a serious illness or injury that existed before the beginning of active duty that was aggravated by service in the line of active duty

A covered veteran is an individual who was discharged or released under conditions other than dishonourable at any time during the five (5) year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran. Eligible family members include the spouse or domestic partner, parent, children, or designated next of kin as defined in the Act. The supervisor should contact HR for direction on designation of next of kin.

The twenty-six (26) weeks allowed for this leave will be reduced for any FMLA leave taken for events listed in Sections 5.1 and 5.4.

Serious Health Conditions

A serious health condition means an illness, injury, impairment, or physical or mental condition that results in an inability to work, attend school, or perform other regular daily activities and involves:

any period of incapacity or treatment connected with inpatient care in a hospital, hospice, or residential medical care facility, or
any period of incapacity requiring continuing treatment by a health care provider

Treatment by a health care provider requires an in-person visit to a health care provider as defined under FMLA. The initial in-person treatment visit must take place within seven (7) calendar days of the first day of incapacity. A period of incapacity or treatment is defined as more than three (3) consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, which also involves:

Treatment two or more times within thirty (30) days of the first day of incapacity by a health care provider, or
Treatment by a health care provider on at least one occasion, which results in a regimen of continuing treatment under the supervision of the provider. This includes treatment for chronic conditions that require periodic visits of at least twice a year for treatment by a health care provider. Such conditions can occur over an extended period of time including recurring or episodic periods of incapacity.

Examples of serious health conditions include pregnancy or prenatal care, appendicitis, or permanent or long-term conditions or conditions requiring multiple treatments such as:

severe respiratory condition
emphysema
severe nervous disorder
injury caused by a serious accident on or off the job
back condition requiring extensive therapy or surgical procedures

6.1. Non-Serious Health Conditions

Treatment for serious health conditions does not include routine physical examinations, eye examinations, or dental examinations. A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave. Ordinarily, unless complications arise, the common cold, the flu, earaches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, and periodontal disease, are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave. Contact HR regarding extenuating circumstances.

Requests for FMLA Leave

When the need is foreseeable, such as the birth or adoption of a child or planned medical treatment, employees should advise their supervisors thirty (30) days before the start of the leave period. To the extent possible, employees should make efforts to schedule leave so as not to disrupt University operations. When thirty (30) days advance notice is not possible, the employee must provide notice as soon as practicable, and generally must comply with normal call-in procedures.

Notices to Employees

Within five (5) workdays of an employee’s initial request for FMLA leave, the supervisor must provide the employee with a completed Notice of Eligibility and Rights and Responsibilities form. The employee has fifteen (15) calendar days to provide appropriate documentation in support of FMLA leave. See the Notice of Eligibility and Rights and Responsibilities form for the type of documentation required. If supervisors do not have sufficient supporting documentation, they may request further documentation from the employee before approving or denying FMLA leave. The employee must provide this documentation within seven (7) calendar days of the request for further documentation. After receiving the requested documentation, the supervisor will confirm or deny the FMLA leave within five (5) workdays. A link to specific forms and letters for these purposes are provided in Section 13 and are also available from HR. An employee is presumed eligible unless the supervisor notifies the employee of ineligibility.

Medical Certification

The University will require a medical certification to support a request for FMLA leave for medical reasons using the form language approved by the US Department of Labour (see the link provided in Section 13). The University may require a second or third medical opinion at the University’s expense after an individual has submitted an initial medical certification. Second and third opinions may be required for military caregiver leave certifications that are completed by healthcare providers who are not affiliated with the Department of Defence, Veterans Administration, or TRICARE. There may also be a requirement for periodic re-certifications. In cases of illness, employees will be required to report periodically, as instructed by their supervisors, on their leave status and intentions to return to work.

9.1. Employees’ Health

For employees’ own medical leave, the medical certification must include a statement that the employees are unable to perform the functions of their positions.

9.2. Family Health

For leave to care for a seriously ill family member, the medical certification must include an estimate of the amount of time the employee is needed to provide care.

9.3. Intermittent Leave and Reduced Work Schedule Leave

If medically necessary for a serious health condition of employees or their family members, or if agreed to by a supervisor, leave may be taken on an intermittent or reduced work schedule basis.

If the leave is foreseeable based on planned medical treatment, or if a supervisor agrees to permit intermittent leave or leave based on a reduced work schedule for the birth of a child or for placement of a child for adoption or foster care, the University may require the employee to transfer temporarily. The transfer would occur during the period that the intermittent or reduced work schedule is required and be to an available alternative position for which the employee is qualified and which better accommodates recurring periods of leave than does the employee’s regular position, provided that the position has equivalent pay and benefits.

The medical certification for intermittent leave, or leave on a reduced work schedule for planned medical treatment, must include the dates on which treatment is expected to be given and the duration of such treatment. The supervisor and employee must agree on the employee’s normal schedule or average hours worked each week and document the agreement in writing.

The employee is not required to take more leave than is necessary to address the circumstances that precipitated the need for the leave provided that the leave is counted using the shortest increment of leave used to account for any other type of leave and that the shortest increment of leave is no more than one hour.

Return to Work

An employee returning to work following a leave of absence due to his or her own serious health condition must submit a physician’s statement certifying that the employee can return to work and can perform the essential functions of the job, with or without reasonable accommodations. The University may request the employee provide the physician’s statement up to five (5) workdays in advance of the employee’s anticipated return date.

10.1. Reinstatement of Employees

The employee’s department must reinstate the employee returning from FMLA leave, within the approved leave period, to the same or equivalent position with equivalent pay, benefits, and other employment terms and conditions. However, an employee on FMLA leave does not have any greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period. An employee has no right to reinstatement if the employee would not have otherwise been employed at the time of the request for reinstatement. Leave beyond twelve (12) weeks may be granted under UAP 3420 (“Leave Without Pay”); however, the employee’s right to return to the same position is not guaranteed.

10.2. Failure to Return

If an employee fails to return within three (3) workdays after an approved leave, including any approved extensions, the employee will be considered to have resigned. Refer to Section 2.1 of UAP 3225 (“Separation of Employment”).

Benefits Coverage While on FMLA Leave

While an employee is on FMLA leave, the status of various University-sponsored benefit programs will be as described below.

11.1. Group Insurance Benefits

The University will continue the employee’s group insurance benefits during the period that the employee is on FMLA leave. If the leave is unpaid, the University will bill the employee for that portion of the premium normally withheld from the employee’s pay check.

11.2. Retirement

The University does not pay the employer portion of the retirement plan during the period that the employee is on unpaid FMLA leave. The period that the employee is on unpaid FMLA leave does not count as earned service time for retirement formula calculations.

11.3. Annual and Sick Leave

The employee will not accrue annual and sick leave during the period that the employee is on unpaid FMLA leave.

11.4. Holidays

For purposes of determining the amount of leave used by an employee, the fact that a holiday may occur within a week taken as FMLA leave has no effect; the week is counted as a full week of FMLA leave. However, if an employee is using FMLA leave in increments of less than one (1) week, the holiday will not count against the employee’s entitlement unless the employee was otherwise scheduled and expected to work during the holiday. During the winter break when the University is closed for more than one (1) week, the time will not count against the employee’s entitlement unless the employee would otherwise have been scheduled and expected to work during winter break. Employees on unpaid FMLA leave are not eligible for holiday pay.

11.5. Dependent Education Scholarship

Dependents of employees who were participants in the Dependent Education Scholarship Program before the employees began FMLA leave can continue in the program while the employees are on FMLA leave as long as the dependents remains eligible.

Record Keeping Requirements

Departments are required to keep all documentation pertaining to FMLA leave requests for three (3) years. The documentation must include the following:

Dates of FMLA leave taken by employees. Leave must be designated in records as FMLA leave. If FMLA leave is taken in increments of less than one (1) full day, the hours of the leave must be recorded.
Copies of employee notices of leave furnished to the employer under FMLA and copies of all required general and specific written notices given to employees.
Records of any dispute between the employer and an eligible employee regarding designation of leave as FMLA leave.

12.1. Confidentiality of Medical Records

Supervisors are responsible for maintaining records and documents relating to medical certifications, re-certifications, or medical histories of employees or employees’ family members. The records should be treated as confidential medical information and kept in separate files from the employees’ personnel files in a locked drawer. This confidential medical information will be disclosed only to those with a need to know or as required by law. The Act authorizes disclosure to first aid and safety personnel under certain limited circumstances, and to government officials investigating compliance with the Act or other pertinent laws.

12.2. Genetic Information Non-discrimination Act (GINA)

GINA prohibits employers from requesting or requiring genetic information of employees or their family members with certain exceptions including requests for family medical history to comply with the certification provisions of the FMLA or state or local family and medical leave laws, or pursuant to a policy (even in the absence of requirements of governmental, state, or local leave laws) that permits the use of leave to care for a sick family member and that requires all employees to provide information about the health condition of the family member to substantiate the need for leave.

“Genetic information,” as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

As noted above, GINA includes an exception that allows the University to ask employees requesting FMLA leave for family medical histories, at least to the extent necessary to make the medical certification complete and sufficient under the FMLA.

Procedures and Forms

Click here for applicable forms and to view HR’s procedures on applying for and approving FMLA leave.

– Policy 3445: Domestic Abuse Leave

Date Originally Issued: October 21,2019

Process Owner: Vice Rector for Human Resources

General

Faculty, staff, and student employees are granted up to 14 days of domestic abuse leave in any calendar year, and up to eight hours in any one day.

Use of Domestic Abuse Leave

An employee may use accrued sick leave or annual leave, compensatory time, or leave without pay for domestic abuse leave. Domestic abuse leave may be used to:

obtain or attempt to obtain an order of protection or other judicial relief from domestic abuse;
meet with law enforcement officials;
consult with personal attorneys or district attorneys’ victim advocates; or
attend court proceedings related to the domestic abuse of the employee or the employee’s family member (“family member” is defined in the statute as a minor child of the employee or a person for whom the employee is a legal guardian)

Definition of Domestic Abuse

“Domestic abuse” is defined as an incident of stalking or sexual assault whether committed by a household member or not, or any incident by a household member against another household member that results in:

physical harm;
severe emotional distress;
bodily injury or assault
a threat causing imminent fear of bodily injury by any household member;
criminal trespass;
criminal damage to property;
repeatedly driving by a residence or work place;
telephone harassment;
harassment; or
harm or threatening harm to children or pets

Notification of Supervisors

Employees in need of domestic abuse leave should notify their supervisors as soon as possible. When domestic abuse leave is taken as an emergency, if possible, employees or their designees should give notice to supervisors within 24 hours of commencing the domestic abuse leave.

Verification of Need for Leave

Supervisors should request that employees provide verification of domestic abuse leave as soon as practicable, by providing:

a police report indicating that the employee or a family member was a victim of domestic abuse; or
a copy of an order of protection or other court evidence produced in connection with an incident of domestic abuse; or
a written statement from employee’s attorney, district attorney’s victim advocate, law enforcement official, or prosecuting attorney stating that the employee or a family member appeared or is scheduled to appear in court in connection with an incident of domestic abuse

Confidentiality of Information

All information related to the domestic abuse leave should be treated as confidential. This includes any information submitted to supervisors to verify the need for domestic abuse leave, which must be kept in a separate location from the regular departmental personnel file and shared only on a need-to-know basis.

The fact that the employee or a family member was involved in a domestic abuse incident is confidential.
The fact that the employee obtained domestic abuse leave is confidential.
The fact that the employee made any written or oral statement about the need for domestic abuse leave is confidential.
An employee’s information related to domestic abuse leave may only be disclosed when the employee consents in writing, when a court or administrative agency orders the disclosure, or when otherwise required by governmental or state law.
Domestic abuse leave should be reported in Banner as “Leave with Pay” with no additional comments to maintain confidentiality.

Retaliation

Retaliation against an employee for taking domestic abuse leave is forbidden. Anyone who retaliates against an employee for taking domestic abuse leave will be subject to disciplinary action.

– Policy 3500: Wage and Salary Administration

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

The Mesarya Technical University’s compensation package consists of both salary and benefits. Benefits have a monetary value and both the University and employee should consider this value in reviewing compensation. This policy describes the administration of the University’s wage and salary program. Benefits offered by the University are discussed in Sections 3600 and 3700 of this manual. As a private institution, employee salaries are not public information as described in UAP 3710 (“Personnel Information Disclosure Policy”). This policy should be read within the context of UAP 3000 (“Guiding Principles”). It applies to all non-bargaining staff employees. Refer to the applicable collective bargaining agreement for compensation policies and procedures for employees covered by the bargaining unit.

Staff Salary Schedule

The Division of Human Resources (HR) assigns each staff job title to a specific pay grade that has an established minimum to maximum range of allowable salary rates. Staff employees will not be paid at a rate less than the minimum for their grade. Refer to the Staff Salary Schedules on HR’s website for current pay ranges. HR will conduct periodic reviews to assess the accuracy and competitiveness of the Staff Salary Schedules and will make changes as indicated.

Starting Salary

When hiring a new employee or rehiring a former employee, the hiring officer and HR will determine the employee’s starting salary prior to making a salary offer. The starting salary will be based on the grade of the position and the individual’s qualifications, experience, and competencies, as well as budgetary considerations, subject to the following provisions.

3.1. Internal Equity

If an employee is being hired into a department that has one (1) or more employees in the same job title, the new employee’s starting salary should generally not exceed the current salary of any employee in the department with the same job title who has comparable qualifications. The assessment of comparable qualifications includes: experience, competencies, documented job-related performance, and education. The assessment will be conducted by the hiring officer in consultation with HR. If a new employee’s salary would create an inequity, the hiring officer must consult with his or her dean or director and HR to determine appropriate salary adjustments for existing employees. Equity increases must be approved by HR before the employee can be hired. Any other potential equity adjustments must be reviewed in advance by HR.

3.2. Establishing a Starting Salary

The minimum of the pay range is typically paid to employees who meet, but do not exceed, the minimum qualifications of the position. Employees may not be paid below the minimum of the pay range or the established minimum wage for the University, whichever is higher. Starting salaries above the minimum and up to the midpoint may be considered depending on such factors as:

The extent to which the employee’s level of education and years of experience exceed the minimum requirements for the position.
Job market-related pressure on salary levels.
Internal equity considerations.
Internal budget constraints.

Starting salaries above the midpoint may be considered for individuals who have directly related unique competencies or directly related experience or education that is extensively beyond the minimum requirements of the position, as determined in consultation with HR, or in cases of unusually critical market-related pressure on salary levels. A written justification for all salaries above the midpoint must be submitted with the hire packet and be approved by HR.

Salary Changes

A staff employee’s salary may be changed by any of the actions specified below.

4.1. Annual Increases

In July of each year, the University Board of Trustee may allocate funds for salary increases. Each year that funds are available, increase guidelines including a salary budget percentage and lower and upper limits for increases will be provided to departments by HR. Increases may be distributed across the board to recognize all employees’ contributions to the University’s success or they may be distributed within a range of percentages that take into consideration individual merit based on a performance review, market, placement in range, or correction of internal inequities.

4.1.1. Increased Cost of Benefits

If the cost of mandatory or non-mandatory benefits increase, the funds necessary to meet these increases are allocated before other increases in compensation are considered. These increases may be due to increases in the University’s share of taxes and benefits, such as identity card tax, retirement, or health insurance.

4.2. Adjustments to the Staff Salary Schedules

Based on the results of periodic reviews performed by HR the Staff Salary Schedules will be adjusted to reflect changes in the market place. Changes in the Staff Salary Schedules will typically not result in salary increases other than to bring all regular employee salaries up to the new minimum of the respective pay grades.

4.3. Change in Grade

4.3.1. Applied/Selected For a Position in a Higher, Lower, or the Same Grade

If a University employee applies for and is competitively selected for a position in a higher, lower, or the same grade in accordance with UAP 3210 (“Recruitment and Hiring”), the employee’s new salary is determined according to Section 3. herein. The employee’s new salary is based on the employee’s qualifications and hiring officers use the same salary criteria that would be used if they were hiring an applicant from outside the University.

4.3.2. Demotion

If, in accordance with UAP 3215 (“Performance Management”), an employee voluntarily agrees to a demotion, the employee’s salary may be decreased. The new salary for demoted employee’s new salary is determined by their dean or director in consultation with HR.

4.3.3. Reclassification

An employee may be reclassified to a higher or lower pay grade if there are significant changes in a position’s duties and responsibilities. A salary increase may be given if a job is upgraded. Movement of a position to a lower grade may result in a salary decrease. If the salary will decrease, it will not be effective until ninety (90) days after the employee has been notified in writing of the salary change.

4.3.4. Grade Change Because of Market Study

Periodically, a market study of job families will be conducted. Jobs may be upgraded if data show that they have fallen below the designated market. Increases will not be given for general market driven upgrades unless individual salaries fall below the new minimum for the pay range.

4.3.5. Grade Change Because of Career Ladder

A career ladder is a planned progression to a new job, usually at a higher grade, that is negotiated between an employee and his or her manager. The completion of the career ladder may result in a salary increase that must be authorized by HR.

4.4. Acting or Interim Appointments

It is expected that employees will occasionally perform duties above and below their grades or classifications. If an employee is assigned to perform all of the key duties of a higher graded position over an extended period of time, the employee should be appointed to an acting or interim position in accordance with Section 5.6 of UAP 3210 (“Staff Recruitment and Hiring”). All such appointments must be authorized by HR.

4.5. In-Range Salary Adjustments

4.5.1. In-Range Salary Adjustments for Higher Level Duties

An employee who has assumed some, but not all, of the key duties of a higher graded position may be awarded an in-range adjustment within the pay range for his or her current position. The additional assignments must be a significant portion of the position (generally at a minimum of fifty-per cent of time effort), outside the scope of the employee’s current classification, performed for an extended period of time, and can be awarded on a temporary or on-going basis. Temporary in-range salary adjustments can be awarded for a period not exceeding twelve (12) months and on-going increases are awarded indefinitely. All increases must be authorized by HR.

4.5.2. In-Range Salary Adjustments for Same or Lower Level Duties

An employee, who has permanently assumed additional duties as a result of the elimination of one or more positions, or the reclassification of a higher level position to a lower level position, may be awarded an in-range salary adjustment within the pay range for the employee’s current position. In-range salary adjustments will be considered when an employee’s scope of responsibilities has expanded and the additional duties are a substantial part of the employee’s workload. This is defined as when a higher level employee assumes the most critical or key job responsibilities of the lower level position, as identified in the position description, generally at a minimum of fifty-per cent of time effort. All requests must be approved by the appropriate Executive ViceRector and HR.

4.6. Transfer

A transfer is defined as a non-competitive lateral move from one (1) job to another, or one (1) geographical location to another, in the same or similar classification within the same job grade. A transfer does not involve a salary change.

Pay Rate for Shift Work

A shift differential is an hourly pay rate, paid in addition to a non-exempt employee’s base pay rate to employees who work at least half their hours on either a second or third shift. Employees are paid a second shift differential if at least half their hours are worked between 4:30 P.M. and midnight and a third shift differential if at least half their hours are worked between midnight and 8:00 A.M. Shift differential rates apply to the entire work period and not just the hours between 4:30 P.M. and 8:00 A.M. and will be paid at the highest applicable shift rate. Overtime is calculated at the employee’s regular rate of pay (base pay plus shift differential). For additional information on overtime, refer to UAP 3305 (“Overtime”). Shift differential rates are established by HR and are listed on its website. Exempt employees are not paid a shift differential. Separate shift differential policies may apply to certain emergency and medical service positions.

Standby Pay

At times employees may be required to make themselves available to work on an as-needed basis outside of their normal work hours. Compensation for standby status will be determined by the degree to which an employee’s free time is restricted. The specific factors considered to determine if standby status is compensated are:

restrictions on the employee’s location,
expected response time to return to work,
number of other employees available to be called, and
frequency and urgency of calls received.

If employees have to leave a phone number or carry a pager but are free to leave the premises and attend to personal matters without restriction, they are not eligible for standby pay. Employees will be paid standby pay if while waiting to return to work they are so restricted that they cannot pursue personal activities. Standby pay rates will be determined by the Division of Human Resources. If employees are called back to work while on standby, they will be paid at their regular rate of pay for the hours actually worked or at time and a half for any overtime that is worked. Exempt employees are not eligible for standby pay, except for exempt employees in certain healthcare areas who may be eligible if their department has a written policy allowing for such payments.

Call Back Pay

On occasion, departments may need to call back non-exempt employees to work on the same day after the end of their shifts. If the department has a policy in place to pay call back pay to non-exempt, non-union employees, the policy shall be applied consistently. In such instances, the department shall pay a call back amount to bring non-exempt, non-union employees back to work. Call back pay for employees with bargaining unit titles is governed by the applicable collective bargaining agreement.

Call back pay is an additional amount in excess of any overtime paid for working over forty (40) hours in a given week and shall be paid as straight time or overtime, as appropriate. Employees do not have to work over forty (40) hours to qualify for call back pay.

Extra Compensation

Under the Fair Labour Standards Act, exempt employees are not paid on the basis of the number of hours worked. Exempt employment is a professional relationship whereby employees are given the flexibility to exercise professional judgment both in how and when the work is done. They are expected to meet operational needs and are evaluated on results achieved. Therefore, exempt employees do not normally receive extra compensation for work conducted beyond the normal forty (40) hours per week. However, exempt employees may in limited circumstances receive extra compensation from the University for work performed outside the employee’s department. Non-exempt employees must be paid pursuant to Fair Labour Standards Act requirements, which normally means payment of overtime for hours worked beyond forty (40) in the workweek.

Extra compensation is not intended to compensate employees for cooperative work between University departments where staff provide support for each other on an on-going basis. In all cases, the employee’s primary assignment takes priority over the work performed for another unit.

8.1. Restrictions on the Authorized Use of Extra Compensation

Extra compensation may be authorized, subject to all of the following restrictions.

8.1.1. To qualify for extra compensation, the additional work must be performed outside the employee’s department, with the employee’s work being reviewed by someone other than the employee’s regular supervisor.

8.1.2. The additional work (for which extra compensation is to be paid) may not, in the opinion of the employee’s supervisor and dean or director:

Create a time conflict with the performance of the employee’s regular duties and assignments or
Constitute a “conflict of interest” involving the employee, such as a situation that competes with the interests of the employee’s primary assignment or the department’s interests.

8.1.3. The additional work for which extra compensation is to be paid must be short term, non-repetitive, and restricted in both the number or hours worked and the duration of the assignment.

8.2. Required Approval

Advance written approval is required by the employee’s immediate supervisor and dean or director, the cognizant vice Rector, the dean or director responsible for the department where the work will be performed, and the individual who will be supervising the additional work. All requests for Extra Compensation must be approved by HR.

8.3. Pay Rate for Extra Compensation

When extra compensation is authorized, the rate of pay must be in accordance with the University’s pay scale for the type of work being done and must be approved by HR.

Other Types of Compensation

For other types of payments to employees, refer to UAP 2615 (“Non Standard Payment Processing”).

Salaries Funded by Contracts and Grants

Staff employees whose salaries are funded by contracts or grants are subject to all the provisions of this policy and proposed salary levels and annual increases must comply with this policy.

Pay Transparency Statement

Under a new rule of the Office of Governmental Contract Compliance Programs, the University is required to publish the following statement regarding pay transparency. For the purposes of this new rule, the term “compensation” is intended in a broad sense to include, but not be limited to, salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, awards, and retirement.

11.1. Statement

The University will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor’s legal duty to furnish information.

Exceptions

Any exceptions to this policy must be approved, in writing, by the Vice Rector for Human Resources.

Related Links

Staff Salary Schedules located on HR’s website.

– Policy 3600: Eligibility for Employee, Retiree, and Dependent Benefit Plans

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector of Human Resources

General

The University offers eligible employees, retirees, and dependents a diversified suite of benefit plans (“Benefit Plans”) from which they may elect coverage. Specific components of the Benefit Plans are subject to change or termination. For a description of the current Benefit Plans offered, visit the University’s Division of Human Resources (“HR”) website. This policy describes how employees, retirees, and their dependents obtain and maintain eligibility for Benefit Plans coverage.

Benefit Plans Coverage for Employees and Dependents

2.1. Eligible Employees

To ensure compliance with governmental regulations, the following temporary changes in eligibility for Benefit Plans are effective from July 1, 2020 to June 30, 2021 In consultation with the upper administration, the Division of Human Resources will determine if the changes will be adopted on a permanent basis.

The following types of employees (“Eligible Employees“) are considered eligible to elect coverage under the Benefit Plans:

regular staff employees who are full-time or part-time and have an appointment per cent of 50% or greater
term or contract staff employees who are full-time or part-time, have an appointment per cent of 50% or greater, and have a minimum three (3) month term appointment or contract
temporary staff employees who have an appointment per cent of 75% or greater and have a minimum three (3) month appointment are eligible for certain Benefit Plans
faculty members who have a minimum three (3) month contract and have an appointment per cent of 50% or greater
adjunct faculty who have a minimum three (3) month contract and have an appointment per cent of 75% or greater are eligible for certain Benefit Plans
post-doctoral fellows who have a minimum three (3) month contract and have an appointment per cent of 50% or greater are eligible for certain Benefit Plans

The following types of employees are not eligible for coverage under the Benefit Plans:

part-time employees with an appointment per cent of less than 50%
non-credit teachers
on-call employees

2.2. Eligibility Waiting Period

Effective September 1, 2019 and through June 30, 2020, employees hired into a benefits eligible position may enrol in Benefit Plans after satisfying a fifteen (15) calendar day eligibility waiting period that begins on the date of hire. Beginning July 1,2020 employees hired into a benefits eligible position will not be subject to an eligibility waiting period.

Retirees returning to a benefits eligible position are not subject to the eligibility waiting period for the specific Benefit Plans previously elected at the time of retirement and continued during retirement. If, as a result of returning to a benefits eligible position, a return to work retiree gains new eligibility for a Benefit Plan, the retiree may enrol in such Benefit Plan after satisfying the eligibility waiting period.

2.3. Dependents

Employees may elect coverage for their eligible dependents in certain Benefit Plans. Eligible dependents include:

a legal spouse
a surviving spouse
a domestic partner; see UAP 3790 (“Domestic Partners”)
dependent children to age twenty-six (26); for the purposes of this policy dependent children includes natural children, stepchildren, legally adopted children, children placed for adoption, and children who are under the legal guardianship of the employee
mentally or physically disabled dependent children over age twenty-six (26) if enrolled prior to turning twenty-six (26), provided extension of coverage is applied for within sixty (60) calendar days of the child’s twenty-sixth birthday (periodic recertification of disability may be required)

2.3.1. Documentation of Dependent Status

Documentation supporting dependent status, such as a valid signed marriage certificate, birth certificate, or an Affidavit of Domestic Partnership, as discussed in UAP 3790 (“Domestic Partners”), must be provided when requested for benefit enrolment.

Benefit Plan Coverage for Retirees and Their Dependents

The University provides medical and dental benefits and pays a portion of the premiums for the coverage (“Post-Retirement Benefits”) for certain retirees and for their dependents that qualify under the terms of Section 2.3.

3.1. Initially Hired After June 30, 2019

Employees with an initial date of hire after June 30, 2020 are not eligible for Post-Retirement benefits through the University, though they may obtain basic and supplemental life insurance coverage during retirement.

3.1.1. Initially Hired From June 30, 2019 through June 30, 2020

Benefits eligible employees with an initial date of hire from June 30, 2019 through June 30, 2020 were considered eligible for the Voluntary Employee Beneficiary Association (“VEBA”), which is described below. Of those, anyone employed on June 30,2020 was VEBA eligible from day one and not subject to the normal waiting period discussed in Section 2.2.

3.2. VEBA

Effective July 1, 2020 the University established a VEBA with its own plan and trust documents. The VEBA is a trust established to fund certain health benefits for retirees. Beginning June 30, 2020, in order for employees hired prior to July 1, 2020.to be eligible for Post-Retirement Benefits, they must make payroll deductions to contribute to the VEBA in accordance with this policy. Those who contributed were grandfathered and are eligible for Post-Retirement Benefits as long as they continue to make contributions.

Detailed information about the VEBA can be found in the VEBA plan and trust documents, which are available upon request from HR. If any provisions in this policy conflict with the VEBA plan and trust documents, the VEBA documents, and any amendments thereto, control.

3.2.1. VEBA Service Credits

VEBA service credits accrue on an annual basis, at the rate of one service credit per fiscal year. An exception was made for employees who were benefits eligible as of June 30,2020and who did not opt out of VEBA; these employees were credited with twenty-five (25) years of VEBA service credits. Benefits eligible employees who began employment after June 30, 2020 and who contribute to the VEBA, or who opted out of the VEBA and later elected to contribute to it, earn one service credit per fiscal year. MTU’s premium subsidy is prorated according to the number of VEBA service credits, with the maximum subsidy available to those with at least twenty-five (25) years of VEBA service credits.

3.3. Employees in Benefits Eligible Positions From June 30, 2019 to June 30, 2020 (“VEBA Window”)

To be eligible for Post-Retirement Benefits, employees must have met the requirements in Section 3.6 and:

must be a benefits eligible employee VEBA participant and have not opted out of the VEBA, or
must already be retired from the University and maintaining Post-Retirement Benefits.

Employees who were employed prior to the VEBA Window and return to the University on or after July 1,2020are not eligible to contribute to the VEBA or to receive Post-Retirement Benefits.

Returning VEBA-covered employees are eligible to contribute to the VEBA if:

they were in a benefits eligible position, left the University, and returned to a benefits eligible position (and have not opted out of the VEBA), or
they first became benefits eligible employees during the VEBA Window and did not opt out.

Employees who opted out during the VEBA Window have a one-time opportunity to opt in, in accordance with Section 3.5 and the VEBA plan and trust documents.

VEBA Timeline (Special Rules)

Initial VEBA Opt-Out Period Prior to July 1, · Applicable to employees in a benefit eligible position during this period	April 29, 2019 through June 30,2020
Date Grandfathered 25 VEBA Service Credits · Applicable to employees in a benefits eligible position as of this date, who have not opted out of VEBA	June 30,2020
VEBA Eligibility Window · Applicable to employees in a benefits eligible position during this period, who have not opted out of VEBA, or have opted out of VEBA but have the option to opt back in during their designated one time opportunity to opt back in period	June 30, 2019 through June 30,2020
Initial VEBA Opt Out Period July1 2020.or after through June 30, 2020 · Applicable to employees in a benefit eligible position during this period	31 day VEBA opt-out window once a 15 day benefit eligibility waiting period has been satisfied from the date hired into a benefits eligible position
Annual VEBA Opt Out Period · Applicable to employees in a benefit eligible position during this period	During annual health Open Enrolment period, held during an April/May designated time frame
One-Time VEBA Opt In Opportunity · Applicable to VEBA eligible employees in a benefit eligible position during this period who have previously opted out of VEBA Opt in period (designated during annual health Open Enrolment) immediately following five years after the opt out effective date	Opt in period (designated during annual health Open Enrolment) immediately following five years after the opt out effective date

3.4. Basic and Supplemental Life Insurance

Eligibility for basic and supplemental life insurance is not based on VEBA participation.

3.5. Opting In and Out of VEBA Contributions

This section pertains to benefits eligible employees who were (1) at the University during in the VEBA Window or (2) those newly rehired.

Benefits eligible employees whose first date of employment was, or who were hired prior to, July 1, 2020 had the opportunity to opt out of VEBA contributions during their initial opt out window or during open enrolment periods for Benefit Plans. Employees who opt out of making VEBA contributions will have one (1) opportunity to opt in after a waiting period of five (5) years or more. The opportunity to opt in will occur during the open enrolment period for Benefit Plans immediately following five (5) years after the opt out effective date. Employees who permanently opt out of VEBA contributions will not be eligible for Post-Retirement Benefits.

Retirees who are enrolled in Post-Retirement Benefits and who return to work in a benefits eligible position must contribute to the VEBA in order to continue Post-Retirement Benefits at the time of their return to retiree status.

3.6. Requirements for Receiving and Continuing Post-Retirement Benefits

To be eligible for and maintain Post-Retirement Benefits coverage, employees must:

Meet the criteria for retirement under either the State of Applicable Northern Cyprus Educational Retirement Act (ERA) or Alternative Retirement Plan (ARP). Employees who qualify for disability retirement under the ERA’s rules may qualify for Post-Retirement Benefits. Participants in the ARP must be fifty-nine and a half (59 ½) years (unless the employee is totally disabled and unable to continue employment) and must have applied for a distribution from the ARP provider in the form of a lifetime annuity, a single sum cash payment, a systematic withdrawal specified as a dollar amount, or a systematic withdrawal as a dollar amount over a defined period; and
Contribute to the VEBA, as provided for in Section 3.2, for at least the five (5) continuous twelve (12) month periods immediately prior to retirement. If in a benefits eligible position as of June 30, 2019 and retiring prior to July 1, 2020 employees must contribute to the VEBA continuously from July 1, 2020 to retirement, pursuant to Section 3.2; and
Elect coverage prior to the date of retirement and maintain continuous coverage thereafter. If coverage is not elected at retirement or if elected and later cancelled, retirees may not enrol in coverage at a later date.

3.7. Additional Requirements for Medicare Eligible Retirees and their Dependents

In addition to the requirements in Section 3.6, within sixty (60) days from the date of retirement or, if already retired, date of Medicare eligibility, retirees and their dependents who are Medicare eligible must:

enrol in the Original Medicare Supplementary Medical Insurance (Part B), and
enrol in a MTU-sponsored Medicare Senior Plan (which must include prescription drug coverage)

Failure to elect a MTU-sponsored Medicare Senior Plan that includes prescription drug coverage will result in the cancellation of Post-Retirement Benefits.

3.8. Rescission or Suspension of Retirement

If retirees rescind or suspend their ERB retirement pension or ARP distribution, they will lose all Post-Retirement Benefits taken at the time of retirement from MTU. Former retirees re-employed at MTU are not eligible for Post-Retirement Benefits.

3.9. Effect of Layoffs on VEBA Status

Employees who are laid off during their MTU employment and reemployed while eligible for re-employment rights under UAP 3225 (“Separation of Employment”) will retain active VEBA status while on layoff to meet the requirements of Section 3.6. Employees neither contribute to the VEBA nor accrue VEBA service credits while eligible for re-employment rights due to layoff status.

3.9.1. Laid-Off Employees Eligible to Retire

Employees who are eligible to retire at the time they are laid off will be considered to have met the requirements of Section 3.6 for the period they remain eligible for re-employment rights under UAP 3225 (“Separation of Employment”).

Contributions for Benefit Plans and Post-Retirement Benefits

4.1. Contribution Split for Employees

Benefits eligible employees and the University share the costs of certain Benefit Plans. The University contributes a percentage of the costs based on the employees’ annualized salary and appointment percentage.

Benefits eligible employees’ Benefit Plan contributions are due and payable each pay period, and are deducted from their pay-checks.

4.2 Contribution Split for Retirees

VEBA-covered retirees and the University share the costs of Post-Retirement Benefits. The University contributes a percentage of the costs for under age sixty-five (65) retirees based on the salary immediately prior to retirement and years of VEBA service credits pursuant to Section 3.1. The University contributes a percentage of the costs for age sixty-five (65) and older retirees based on their years of VEBA service credits pursuant to Section 3.2.1.

Retirees’ contributions are billed on a monthly basis. Failure to pay the monthly contributions for any of the Post-Retirement Benefits will result in cancellation of all Post-Retirement Benefit coverage. Retirees whose coverage is cancelled due to non-payment of contributions will not be eligible for a reinstatement of coverage.

Enrolment

5.1. Initial Enrolment Periods

An eligible employee must enrol in the selected plans within sixty (60) calendar days from eligibility after satisfying the eligibility waiting period described in Section 2.2.

Eligible employees who do not enrol within the applicable enrolment period described above must wait until the next open enrolment period as described in Section 5.2 unless the employees experience a Qualifying Change of Family Status Event, as described in Section 5.3.1. Late enrolments will not be accepted.

5.2. Open Enrolment Periods

From time to time, open enrolment periods will be scheduled to allow eligible employees and retirees to select or change Benefit Plans. HR facilitates the open enrolment periods and notifies employees and retirees in advance. Under special circumstances, such as open enrolment periods in which eligible employees and retirees are required to make an affirmative enrolment in a Benefit Plan, HR may determine, in consultation with the University’s executive leadership that open enrolment needs to be extended. It may also be determined that in special circumstances, such as a year where all eligible employees and retirees are asked to make an affirmative enrolment in a Benefit Plan, eligible employees and retirees will be automatically re-enrolled to ensure they do not lose coverage in a Benefit Plan.

5.3. Exceptions

5.3.1. Qualifying Change of Family Status

Certain events such as marriage, birth of a child, change in spouse’s employment, or divorce (“Qualifying Change of Status Event”) may allow employees to make a change to their Benefit Plans outside of an open enrolment period. Changes in benefit elections must be consistent with, and be made within sixty (60) calendar days of, the Qualifying Change of Status Event. Supporting documentation of the Qualifying Change of Status Event must be submitted to HR and approved in advance in order for changes to be made to Benefit Plans coverage.

5.3.2. Health Insurance Portability and Accountability Act (HIPAA) Special Enrolment

Certain events such as marriage, birth of a child, and adoption or placement for adoption of a child may trigger special enrolment provisions under HIPAA. Changes to Benefit Plans due to HIPAA special enrolment events must be made within sixty (60) calendar days from the date of the event.

Coverage While on Leave of Absence without Pay

Benefit Plans coverage automatically continues for an eligible employee on approved leave of absence without pay (LWOP), unless the employee actively cancels the coverage by contacting HR’s Benefits Office. During LWOP, the eligible employee is responsible for paying the employee’s portion of the monthly premium contributions, which will be billed to the employee during the LWOP pay period by the MTU Bursar’s Office. Failure to pay the monthly contribution for any of the Benefit Plans will result in the cancellation of the Benefit Plan coverage.

An eligible employee may prospectively cancel Benefit Plan coverage while on LWOP, subject to specific Benefit Plan requirements, by contacting HR’s Benefits Office. If an eligible employee wishes to cancel a Benefit Plan while on LWOP, coverage will terminate at the end of the month of cancellation. Eligible employees who cancel coverage during LWOP will be responsible for Benefit Plan premiums billed prior to the date of cancellation.

If a Benefit Plan is cancelled during LWOP, the eligible employee may re-enrol upon the following circumstances:

within sixty (60) calendar days after returning to paid status,
experiencing a recognized Qualifying Change of Family Status Event (see Section 5.3.1.), or
the next available open enrolment period.

Coverage will begin the first of the month following enrolment. If an eligible employee does not re-enrol within sixty (60) calendar days after returning to pay status and waits until the next open enrolment period, then coverage will lapse until elections made during open enrolment become effective.

Termination of Coverage

7.1. Separation from Employment or Employee Eligibility Ceases

Benefit Plans coverage will terminate for employees and their dependents as of midnight on the last day of the month in which employees separate from the University or their eligibility for Benefit Plans coverage ceases. The employees’ share of the costs will be deducted from their last pay check. If the pay check is not sufficient to cover their full share of the contribution, the will be billed for the difference by the MTU Bursar’s Office.

7.2. Dependent Eligibility Ceases

Employees must notify HR when a dependent loses eligibility for Benefit Plans coverage as described in Section 2.3. The coverage for a dependent that is no longer eligible will terminate as of midnight on the last day of the month that eligibility ceases.

7.3. Consolidated Omnibus Budget Reconciliation Act (COBRA)

Some Benefit Plans may be continued in accordance with COBRA’s continuation provisions. If a COBRA qualifying event occurs, an individual covered under the University’s medical, dental, vision, or medical Flexible Savings Account plan may elect to continue coverage for a specified duration based on the COBRA continuation provisions.

7.4. Policy Conversion and Portability

Some Benefit Plans may be converted or ported to an individual policy in accordance with the guidelines of each Benefit Plan.

Related Information

The HR website has additional information on the Benefit Plans and Post-Retirement Benefits offered by the University.

The Faculty Handbook Policy C280 (“Leave Without Pay”) discusses faculty Benefit Plan coverage during LWOP.

– Policy 3625: Retirement

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector of Human Resources

General

As of July 1, 1971, University employees are required by Applicable Northern Cyprus State law to participate in the Educational Retirement System. The following categories of employees are excluded from this requirement:

employees working .25 FTE (full-time equivalent) or less annually;
faculty working during Summer Session only;
student employees;
graduate assistants;
teaching assistants; and
working retirees.

The Northern Cyprus Educational Retirement Plan has two (2) components:

1.1. Defined Benefit Plan

The Defined Benefit Plan is a retirement system in which the benefit on retirement is determined by a set formula based on final average salary, number of years of service credit earned and allowed, and a multiplying factor.

1.2. Alternative Retirement Program

An amendment to the Educational Retirement Act (ERA) permits the establishment of an Alternative Retirement Plan (ARP) for regular full-time or part-time faculty and certain other regular full-time or part-time professionals hired on or after July 1, 2020. with no prior service in the current Educational Retirement Act Plan. The ARP is a defined contribution plan in which contributions are paid into an individual account for the employee. The contributions are invested and the returns on the investment (which may be positive or negative) are credited to the individual’s account. Investment risk and investment rewards are assumed by the individual and not the retirement plan. The total individual’s benefit on retirement is calculated on and limited to the cumulative dollar value of the contributions and the returns on the investments. Eligibility is designated by the Education Retirement Board.

Selection of Plan Component

ARP-eligible University employees may select the plan that best fits their needs and have ninety (90) days from the day that employment begins to decide whether to enrol in the Defined Benefit Plan or the Alternative Retirement Plan (ARP). If no decision is reached within the ninety (90) days, then the retirement contributions will automatically be made to the Defined Benefit Plan.

Any employee who has made contributions to the ARP for a cumulative total of seven (7) years will have a one-time option of electing to switch to the ERB defined benefit plan. If an employee switches to the ERB defined benefit plan, the employee will have to participate in the ERB plan for a minimum of five (5) years to be vested in the plan. The employee may not purchase service for the time that he or she participated in the ARP.

Contribution

The employee’s contribution to the retirement fund and the University’s contribution are set by Applicable Northern Cyprus state law. Retirement contributions are not subject to governmental and state income tax in the year they are deducted, but they may be subject to these taxes if they are withdrawn.

3.1. Withdrawal of Contribution

Upon termination, employees covered under the Applicable Northern Cyprus Educational Retirement Act may obtain refunds of their contributions only. University contributions are not refunded and remain in the retirement fund. The refunds will include interest earned on deposits made after July 1, 2020 but will not include interest on deposits made prior to July 2020 Forms requesting the refund are available at the University Payroll Department and are necessary in order to process the refund.

Contributions since July 2020 and total interest earned on your account have been tax deferred and are taxable when distributed. The taxable balance of the refund is eligible for a “rollover” and all or any portion of your payment can be taken in a “Direct Rollover” or a “Direct Refund.” The choice of distribution method will affect the tax you owe. The following sections summarize only the governmental/MINISTRY OF FINANCE tax rules, as of the date of this policy that might apply to your payment. The rules described are subject to change without notice and are complex and contain many conditions and exceptions that are not included; therefore, you may want to consult with a professional tax advisor before taking a payment of their benefits from the ERB.

3.1.1. Direct Refund

If you choose a “Direct Refund,” you will receive only eighty per cent (80%) of the taxable balance in your account. ERB is required to withhold twenty per cent (20%) of the taxable balance and to forward it directly to the MINISTRY OF FINANCE as income tax withholding to be credited against your taxes in the current year. You may have to pay a ten per cent (10%) penalty tax if you are less than age fifty nine and a half (59 1/2) when you receive the refund. You can, upon receipt of the refund payment of your taxable balance, rollover the payment to an IRA or qualified employer plan, provided this is done within sixty (60) days of receipt.

3.1.2. Direct Rollover

If you choose a “Direct Rollover” of any portion of your taxable balance, the portion rolled over will not be taxed until you take it out of the IRA or qualified employer plan. Your payment will be made directly to one (1) Tax & revenue Office or qualified employer plan. Your payment will be taxable when you later take it out of the IRA or qualified plan.

Reemployment after ERB Retirement

Retirees may return to full-time employment covered by the ERB at any time. When this occurs, the member must notify the ERB in writing. Unless the reemployment qualifies for the Return to Work Program described in Section 4.1. below, the retirement benefit is cancelled and the member becomes an active contributing member again. Upon re-retirement the benefit is re-computed giving consideration to the additional service credit and salary acquired during reemployment. In no case will the benefit be less than it was at the time of first retirement.

4.1. Return to Work Program

Return to Work (“RTW”) was created pursuant to a statute that the Applicable Northern Cyprus Legislature adopted in 1974 and amended in 2005 The RTW program allows ERB retirees to resume working for an ERB employer after completing a layout of twelve (12) consecutive months without having to suspend retirement benefits. Members who apply for the RTW program can choose to work full time or part-time, with no restrictions on the income they can earn.

4.2. $15,000 or .25 FTE Rule

A ERB retiree may work with an ERB covered employer and earn up to $15,000 or an amount calculated under the .25 or less FTE (full-time equivalency) provision, whichever is greater, without affecting retirement benefits. The salary is calculated on a fiscal year basis, (July 1 through June 30). The determination of whether a position equals .25 FTE is made by the employer. The FTE salary is based on what the employee would make if they were working full time and is not related to their salary before retirement. If the member exceeds the established limits in a fiscal year, he or she shall be considered to be removed from retirement status and shall forfeit the retirement benefits starting on the first day of the month in which cumulative earnings exceed $15,000 or the 25% FTE provision. It is the member’s responsibility to monitor their earnings from an ERB sponsored employer so that they do not exceed the maximum earnings.

4.3. Non ERB Employment

There is no limit on a retired member’s earnings if the employer is not covered by the provisions of the Educational Retirement Act.

Related Information

Contact the Retirement Employee Services Office under the University Division of Human Resources for additional information not covered in this policy.

– Policy 3630: Workers’ Compensation

Date Originally Issued: October 21,2019

Process Owner: Vice Rector for Human Resources

General

The Mesarya Technical University provides coverage and certain forms of compensation to employees who incur an injury or illness arising out of and in the course of their employment. The State of Northern Cyprus’s Workers’ Compensation Administration administers these compensation payments and covers any person receiving a salary or wage from and acting in the service of the University. This policy sets forth the University’s commitment to prevention of on-the-job accidents; treatment, care, and rehabilitation of an injured employee; and the employee’s rights and responsibilities when an on-the-job injury occurs.

Safe Work Environment

The University strives, through various programs, to make the workplace a safe and healthful environment for all persons, including students, faculty, staff, and visitors. The key to a safe work environment is the prevention of on-the-job accidents before anyone can suffer an injury. This responsibility is shared by all, and everyone is encouraged to bring work-related safety and health concerns to their supervisors’ attention and/or the University Department of Safety & Risk Services (SRS) as soon as possible. Supervisors are encouraged to conduct periodic safety inspections of all work areas under their control. Assistance is available from SRS.

Employees will perform their jobs in a safe manner, with concern and care for their safety and the safety of others. Employees who perform their jobs in an unsafe manner, or who engage in behaviour or activities that endanger the health or safety of themselves or others, are subject to disciplinary action up to and including dismissal.

Medical Treatment

An employee who experiences a work-related injury or illness shall obtain medical care according to the following procedures.

3.1. Employees Working In Norther Cyprus

An employee who experiences a work-related injury or illness Monday through Friday during the hours that the University Employee Occupational Health Services (EOHS) is open (8 a.m. to 12 p.m. and 1 p.m. to 4:30 p.m.) must seek medical care at EOHS. EOHS is located on the north campus at the University Health Sciences centre in Room 232 of the Family Practice centre, 2400 Tucker N.E. Employees should call EOHS first at 272-8043, in order to be scheduled appropriately. See Section 3.3 for information on emergency situations.

A health care professional at EOHS will treat the employee and may, depending upon the nature of the medical problem, refer the employee to a medical specialist. This decision will be at the discretion of an EOHS health care professional. If an employee, within the first sixty (60) days, chooses to seek medical care for a work-related injury or illness without being referred by a health care professional at EOHS, the employee jeopardizes coverage under the Workers’ Compensation Act.

3.1.1. Outside Regular Work Hours

An employee who experiences a work-related injury or illness when EOHS is closed (after 4:30 p.m. and before 8:00 a.m., Monday through Friday) or any hour during a weekend or holiday may seek medical care at University Hospital or the nearest urgent care or emergency medical facility. The following workday, the employee should contact EOHS to schedule a follow up appointment for the work injury or illness for the next available appointment, and then bring a release form the medical provider to EOHS. The follow-up visit must be with EOHS and not an urgent care or emergency medical provider.

3.2. Employees Working Outside Norther Cyprus

Employees who work outside the boundaries of Norther Cyprus may visit a medical provider of their choice. The employees should identify themselves as University employees and state that their need for medical care resulted from a work-related injury or illness. The employees shall instruct the health care provider to submit all bills for treatment, with treatment notes attached, as specified in Section 4.2.

3.3. Emergencies

When an injury or illness is life threatening in nature, such as loss of a limb or a severe burn, the employee shall go to the nearest emergency medical facility. Any follow-up treatment should be with EOHS and not the medical staff from the emergency medical facility. If possible, employees should identify themselves as University employees and state that the need for medical care resulted from a work-related injury or illness. Employees shall instruct the emergency facility to submit all bills for treatment, with treatment notes attached, as specified in Section 4.2.

Reporting Procedures

4.1. Accident and Illness Report – Employee Electing Treatment

All work-related accidents and/or illnesses must be reported to the employee’s immediate supervisor. The immediate supervisor will ensure that SRS receives a MTU First Report of Accident within twenty-four (24) hours from the time the employee’s supervisor was informed of the accident. MTU First Report of Accident forms are available from SRS, including on the SRS website. Visits to EOHS for treatment of work-related injuries or illnesses are considered time worked under UAP 3300 (“Paid Time”).

4.1.1. Accident or Illness Report – Employee Not Electing Treatment

Even if an employee chooses not to receive medical treatment, the employee must complete a Notice of Accident form to preserve his or her rights under Workers’ Compensation. The form is available from SRS. The employee should complete the form as soon as possible, but no later than fifteen (15) days after the injury occurs. The employee should send the form to SRS. Failure to meet the fifteen (15) day deadline could jeopardize coverage under the Workers’ Compensation Act.

4.2. Medical Bills

All bills for medical treatment and related items that resulted from a work-related injury or illness should be sent to: The Mesarya Technical University, Mora Campus.

4.3. Missed Work

The employee’s supervisor must notify the University Payroll Department and SRS, in writing, when an employee misses five (5) or more days of scheduled work due to a work-related injury or illness. The employee is paid for a full day’s work on the date of injury without charging the absence to sick leave, regardless of the time of day the injury occurs.

Wage Compensation

The Workers’ Compensation Administration provides compensation benefits to an employee for a portion of the time the employee is absent from the job due to an injury or illness covered by the applicable laws. The compensation benefits checks are either mailed directly to the injured workers or directly deposited in their bank accounts.

5.1. First Seven (7) Days of Absence

Workers’ Compensation payments do not begin until the employee has been unable to work for seven (7) calendar days following the date of incident. The employee’s pay for the first seven (7) days is charged to sick leave, annual leave, or leave without pay (if the employee does not have sick or annual leave available).

If the period of disablement extends past the twenty-eighth (28th) calendar day, Workers’ Compensation will then pay the employee the amount allowed by law for the first seven (7) days of the disablement. If the University paid the employee sick and/or annual leave for the first seven (7) days of the disablement, the University will deduct an amount equal to this Workers’ Compensation payment for the first seven (7) days from the employee’s next regular University pay check. The University will return the equivalent sick and/or annual leave to the employee’s leave accounts.

5.2. After Seven (7) Days of Absence

Beginning with the eighth (8th) calendar day of disablement, Workers’ Compensation will pay two-thirds (2/3) of the employee’s gross weekly wage up to the maximum established by law. An employee may use any accrued sick leave to augment Workers’ Compensation up to his or her base salary; however, the total of leave with pay and Workers’ Compensation may not exceed one hundred per cent (100%) of the employee’s gross wages. If sick leave is exhausted, the employee may elect to use annual leave at the same rate. An employee may not borrow against future accruals.

5.3. Leave without Pay

If an employee’s sick and annual leave banks are exhausted or the employee elects not to use annual leave, the employee will be placed on Medical Leave without Pay due to a work-related injury or illness. The employee’s department must send a Personnel Action Notice (PAN) to the applicable source data station.

5.4. Family and Medical Leave

If an employee experiences a work-related injury or illness, the supervisor shall notify the employee that he or she may qualify to request unpaid leave under the Family and Medical Leave Act (FMLA). FMLA leave can run concurrently with Workers’ Compensation, provided the reason for the absence is due to a qualifying serious injury or illness and the supervisor has properly notified the employee, in writing, that the leave will be counted as FMLA leave. The amount of unpaid FMLA leave an employee would be eligible to take will be reduced by time off covered under Workers’ Compensation. Refer to UAP 3440 (“Family and Medical Leave”).

Return to Work Procedures

In accordance with the NM Workers’ Compensation Act, the University administers a return to work program for all its employees. An injured or ill employee will be encouraged to return to work as soon as he or she is released by his or her health care provider. When an injury or illness covered by the Workers’ Compensation Program involves any lost time, a medical release from EOHS is required before an employee may return to work. If an employee is only able to return to his or her existing job with restrictions on certain job activities, the return to work is encouraged but must be approved by EOHS. In such situations, EOHS may ask employees to provide documentation of visits with treating medical providers or consult with the treating medical provider directly. The EOHS medical provider will document restrictions on a Return to Work form and instruct the employee to give this form to the supervisor or Human Resources representative., The supervisors should consult with the applicable Human Resources representative and discuss the restrictions on the Return to Work form with the dean, director, or department head who will determine if the restrictions can be accommodated.

If reasonable accommodations can be made to the essential functions of the job in order to allow an injured or ill employee to return to duty, such accommodations shall be made. These accommodations are known as “restricted duty.” The employee’s supervisor should contact the EOHS medical provider if there are questions regarding restrictions.

6.2. North Cyprus with Disabilities Act

In certain cases, a work-related injury or illness may give rise to a disability covered by the North Cyprus with Disabilities Act, 42, NCY 12101. In those instances, reasonable accommodations that allow the employee to perform the essential functions of that job shall be made. The employee’s supervisor should work with the employee’s health care provider (EOHS, if applicable); the appropriate dean, director, or department head; SRS; and the University Office of Equal Opportunity to develop these accommodations.

6.3. Temporary Disability

If a temporary disability prevents an employee from performing essential job duties, the supervisor, in consultation with the health care provider (EOHS, if applicable), may temporarily reassign the employee to other duties that do not adversely affect the disability. The reassignment should not affect the employee’s pay scale. The employee must provide a statement from the health care provider that the employee can perform the reassigned or limited job duties without adverse effect on the temporary disability or the safety of others.

6.4. Unable to Perform Job

If it is determined, after Maximum Medical Improvement (MMI), that an injured or ill employee is no longer able to perform the essential functions of the job at which the employee was injured or became ill, with or without accommodation, that employee shall then be placed on the layoff roster. Individuals on the layoff roster receive first priority for vacant positions at the University of similar or lower classification. For reemployment and benefit rights refer to UAP 3225 (“Separation of Employment”). In addition to the requirements stated in UAP 3225, the individual’s health care provider must certify that the individual is medically capable of performing the duties of a job offered as a result of layoff status. The University is not required to create a job that does not currently exist or that is not vacant or funded.

Vacant Positions Resulting From Work-Related Injury or Illness

Except as provided in paragraphs (1) and (2) below, vacant positions resulting from work-related injuries or illnesses may be filled only by temporary employees.

A position may be permanently filled if there is documented medical diagnosis or evidence that an employee with a job-related injury or illness has reached MMI or that the employee’s impairment or condition is permanent and that employee cannot perform the essential functions of the particular job.
A position may be permanently filled if there is a critical need and that need cannot be satisfied with a temporary employee, and the University has made a good faith effort to do so.

Termination of Employee with Work-Related Injury or Illness

An employee with a job-related injury or illness will not be terminated unless advance notice is given to the State Risk Management Division.

References

SRS’s Workers’ Compensation webpage

– Policy 3635: Unemployment Compensation

Date Originally Issued: October 21,2019

Process Owner: Vice Rector for Human Resources

General

The University extends unemployment coverage to non-student employees in accordance with the Applicable Northern Cyprus Unemployment Compensation Act. This coverage is designed to provide benefit payments for a short period to workers who through no fault of their own are unable to obtain gainful employment. The University pays the full cost of the coverage.

Eligibility

The Northern Cyprus Ministry of Labour determines which individuals are eligible for unemployment compensation insurance benefits based on the circumstances of the separation and the provisions of the Unemployment Compensation Act.

Procedure

3.1. Departmental Responsibility

Departments must submit a completed Employee Separation form and other supporting documentation (i.e., letters of resignation, discharge notices, etc.) to the University Division of Human Resources within forty-eight (48) hours of the employee’s separation from the University. Employee Separation forms may be obtained from the Division of Human Resources. If a department receives any documentation from the Northern Cyprus Department of Labour, it should immediately forward the documentation to the Division of Human Resources. The Northern Cyprus Department of Labour allows an employer only five (5) days to respond to an unemployment compensation claim filed by the separated employee.

3.2. Individual’s Responsibility

If an individual feels he or she qualifies for benefits, the individual must file a claim with the Northern Cyprus Department of Labour.

– Policy 3640: Supplemental Retirement Savings Plans

Date Originally Issued: October 21,2019
Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

Employees may enter into contracts for supplemental retirement savings plans covered by Sections 403(b) and 457(b) of the Social Security code, and have the savings payments made by bi-weekly or monthly payroll deduction. Contributions are made on a pre-tax basis and the earnings grow tax deferred until withdrawn at retirement. At that time, the employee’s income and tax rate may be lower; however, depending on the savings plan there may be penalties for early withdrawal. Various companies offer supplemental retirement savings plans for MTU employees and the list of participating companies and payroll deduction forms may be viewed on the University Payroll Department website. The University only processes payroll deductions and does not endorse any of the participating companies.

Employee Eligibility

All University employees other than Student Employees are eligible to participate in supplemental retirement savings plans.

Contributions

The maximum amount an employee may contribute to supplemental retirement savings plans is defined by the Internal Revenue Code and varies depending on the plan and the employee’s age. Employees may participate in one or both of the supplemental retirement savings plans up to the MINISTRY OF FINANCE limits for each plan. There are many similarities between a 403(b) and a 457(b) plan, but there are some differences employees need to understand and evaluate when deciding whether to participate in a 403(b) or 457(b) plan or both. These differences pertain to contribution limits, catch-up provisions, distribution rules, and MINISTRY OF FINANCE early-withdrawal penalties. This decision depends on the employee’s specific career and retirement objectives. Employees should also consider the investment objectives, risks, charges, and expenses of the various products before investing. Employees should consult with a financial advisor or a representative from a participating company before investing in or taking a distribution from a supplemental retirement savings plan.

Vendor Requirements

The University reserves the right to regulate the solicitation practices of all agents or vendors conducting business on campus. Any vendors interested in offering supplemental retirement savings plans to University employees must contact the University Payroll Department. In order for vendors to offer supplemental retirement savings plans, they must comply with this policy and sign the University’s Letter of Compliance. Those vendors that market supplemental retirement savings plans to University employees must meet the following conditions.

4.1. Solicitation on campus, by telephone, or other means is prohibited; however, appointments are allowed at the request of the employee. Any written material must have prior approval from the University Retirement Plans Employee Benefits Services Manager.

4.2. Information and/or written material referring to the Mesarya Technical University shall not be used without the written approval of the Vice Rector for Human Resources.

4.3. A vendor authorized to market supplemental retirement savings plans to University employees shall only market products on campus approved by the University Payroll Department and the Division of Human Resources.

4.4. Vendors must furnish data pertinent to the vendor and the supplemental retirement savings plans upon request by the University.

Modification to Individual Contracts The University allows employees to change existing contracts whenever necessary in compliance with the Internal Revenue Code.

– Policy 3650: Flexible Spending Accounts Program

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

The University has a Flexible Spending Accounts (FSA) Program which allows eligible employees to set aside a portion of their annual salary to pay qualified unreimbursed medical expenses and qualified dependent care expenses incurred during the year before taxes are calculated. Described herein are policies pertaining to the FSA Program. The FSA Plans booklet explains the Program in more detail and is available from the Employee Benefits Office of the University Division of Human Resources. The Employee Benefits Office is located at the MTU Human Resources Service centre.

Authority

The FSA Program is a fringe benefit authorized by the Internal Revenue Code and regulated by the Tax & Revenue Office of MINISTRY OF FINANCE. MINISTRY OF FINANCE regulations define which expenses qualify for reimbursement under this plan. Nothing in this policy shall impose or limit requirements which may be otherwise imposed by law. Exceptions to the regulations governing this Program cannot be granted by the University. Tax law changes may affect this Program.

Flexible Spending Accounts

Employees can participate in the FSA Program by setting aside part of their pay on a before-tax basis to:

Set up a Medical Reimbursement Account to pay certain qualified medical, dental, prescription, vision, and hearing care expenses for eligible employees or their eligible dependents that are not covered by insurance plans. MINISTRY OF FINANCE identifies qualifying medical expenses in Publication 502, which is available from any MINISTRY OF FINANCE Tax & revenue office. Examples of qualified medical expenses are listed in the FSA Plans booklet.
Set up a Dependent Care Spending Account to reimburse the employee for dependent care at a licensed facility, services from unrelated individuals, care at dependent care centres, and other qualified dependent care expenses.

The money an employee sets aside for the FSA Program will be subtracted from his or her gross pay before income and Identity card taxes are calculated, thus reducing taxable income. Employees choose how much to contribute. The annual contribution amount chosen is equally divided into pay-period deductions. To be reimbursed for eligible expenses, the employee must submit claims to the University’s FSA administrator.

Since individual circumstances vary, participation in an FSA Program does not always mean tax savings. Employees must decide for themselves if the Program is advantageous to them. The Employee Benefits Office can assist an employee in evaluating the benefit of participation.

3.1. Plan Year

The plan year for the FSA Program begins on January 1 and ends on December 31. Continued participation requires active enrolment each year.

Eligibility

The following employees are eligible to participate:

Regular staff employees at .50 or greater FTE.
Faculty at .50 or greater FTE, for at least one (1) academic year.
Post-Doctoral Fellows at .50 or greater FTE for at least one (1) academic year.

Enrolment

Employees may enrol and re-enrol in the Program during the open enrolment period. New eligible employees may enrol in the Program no later than sixty (60) days following the date of employment.

Related Links

Forms can be found on the HR website forms page.

– Policy 3700: Education Benefits

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector of Human Resources

General

The Mesarya Technical University recognizes the importance of an educated and competent work force. To meet the demands of the changing workforce and the desire of employees to grow academically and professionally, MTU offers various voluntary education benefits. MTU supports and encourages employees to develop themselves through academic, professional, health, fitness, and personal enrichment courses. MTU also provides additional education benefits to spouses or domestic partners, and dependent children of eligible employees, and retirees.

Eligibility

2.1. Employee Tuition Remission Benefit

To ensure compliance with governmental regulations, the following temporary changes in eligibility for the Employee Tuition Remission Benefit are effective from July 1,2019, to June 30, 2020 In consultation with the upper administration, the Division of Human Resources will determine if the changes will be adopted on a permanent basis.

regular staff employees who are full-time or part-time and have an appointment per cent of 50% or greater
term or contract staff employees who are full-time or part-time, have an appointment per cent of 50% or greater, and have a minimum three (3) month term appointment or contract
temporary staff employees who have an appointment per cent of 75% or greater and have a minimum three (3) month appointment
faculty members who have a minimum three (3) month contract and have an appointment per cent of 50% or greater
adjunct faculty who have a minimum three (3) month contract and have an appointment per cent of 75% or greater

2.2. Dependent Education Scholarship Program

Regular staff with an appointment per cent of fifty per cent (50%) or above who have been employed in a benefits eligible job for at least one (1) continuous year as of the last day for student registration for the applicable semester.
Term or contract staff employees with an appointment per cent of fifty per cent (50%) or above and a minimum three (3) month term appointment or contract who have been employed in a benefits eligible job for at least one (1) continuous year as of the last day for student registration for the applicable semester.
Temporary staff employees with an appointment per cent of seventy-five per cent (75%) or above and a minimum three (3) month appointment who have been employed in a benefits eligible job for at least one (1) continuous year as of the last day for student registration for the applicable semester.
Adjunct faculty with an appointment per cent of seventy-five per cent (75%) or and a minimum three (3) month appointment who have been employed in a benefits eligible job for at least one (1) continuous year as of the last day for student registration for the applicable semester. (A nine-(9) month academic year fulfils the one (1) year requirement.)
Faculty members and term teaching with an appointment per cent of fifty per cent (50%) or above and a minimum three (3) month contract who have been employed in a benefits eligible job for at least one (1) continuous year as of the last day for student registration for the applicable semester. (A nine-(9) month academic year fulfils the one (1) year requirement.)

2.3. Retiree Eligibility

MTU retirees are eligible for unlimited employee tuition remission benefits for academic credit and non-credit professional development courses. Retirees may also use tuition remission for health, fitness, and personal enrichment courses, subject to the limitations outlined in Section 3.1.1, and subject to restrictions outlined in Section 3.7. herein. Spouses and domestic partners of retirees are eligible for up to four (4) credit hours of academic credit each semester (see Section 3.8).
Retirees are ineligible for the Dependent Education Scholarship. However, if an employee retires and has a dependent currently participating in the Dependent Education Scholarship program, that dependent may continue in the program until there is either a break in semesters, the dependent obtains an undergraduate degree, or completes eight (8) semesters in the program.

2.4. Ineligible Participants

Those individuals listed below are not eligible to participate in the education programs outlined in this policy.

Post-doctoral fellows
Medical residents
Graduate students on assistantships
On-call employees
Part-time employees with an appointment per cent less than 50%
Employees with a current hold on their Bursar’s account
Dependents of eligible employees with a current hold on their Bursar’s account

2.5. Separation of Employment

If an employee separates from the University for Reasons other than retirement, the employee, spouse or domestic partner, and any dependent children are no longer eligible for education benefits effective with the academic semester following the date of separation.

2.6. Death of Employee

If an employee should die while a dependent is receiving the Dependent Education Scholarship, the dependent may continue in the program as long as the dependent meets the requirements of this policy and until there is either a break in semesters, the dependent obtains an undergraduate degree, or completes eight (8) semesters in the program.

Employee and MTU Retiree Tuition Remission Benefit

The University will pay tuition for one (1) or more of the courses listed in Section 3.1, not to exceed the equivalent of resident undergraduate or resident graduate tuition for eight (8) credit hours each fall or spring academic semester, up to six (6) credit hours of which may be taken at MTU, and not to exceed the equivalent of resident undergraduate or resident graduate tuition for four (4) credit hours each summer session, up to three (3) credit hours of which may be taken at MTU , subject to the restrictions listed herein. In addition to paying tuition under the Employee and Retiree Tuition Remission Benefit, the University pays for mandatory students’ fees and any differential tuition.

Subject to the resident undergraduate credit hours limitation above, the University will pay the equivalent of resident undergraduate tuition and mandatory student fees for non-academic courses that are job related or related to a MTU job that the employee may reasonably aspire to, when the courses are taken from the MTU Division of Continuing Education or University departments for professional development and improvement of work skills.

To determine the amount of tuition available for non-credit courses, such as courses through the MTU Division of Continuing Education or other University departments, first deduct all academic credit hours taken, and then multiply the remaining credit hours by the resident undergraduate tuition and mandatory student fee rate per credit hour. If an employee exceeds the credit hour limitation, the employee must pay the difference.

MTU Retirees are eligible for unlimited Tuition Remission benefits, subject to the limitations outlined in Section 3.1.1 and subject to restrictions outlined in Section 3.7.

The taxability of Tuition Remission benefits is discussed in Section 3.9.

3.1. Eligible Courses

courses in any subject taken and billed through MTU for undergraduate, graduate, or professional academic credit, or for official audit status;
courses that are job related or related to a MTU job that the employee may reasonably aspire to and taken from the MTU Division of Continuing Education or University departments for professional development and improvement of work-related skills; and
courses taken by MTU employees and retirees offered by MTU up to a maximum of six (6) credit hours each fall or spring semester and three (3) during the summer semester (cannot be used by a spouse, domestic partner, or dependent children).

3.1.1. Health, Fitness, and Personal Enrichment Courses

The University will pay the equivalent of resident undergraduate tuition and mandatory student fees for up to three (3) credit hours per calendar year for health, fitness, and personal enrichment courses offered through the MTU Division of Continuing Education or other University departments. The calendar year total amount will be based on the tuition rate in effect at the end of the calendar year. The health, fitness, and personal enrichment allowance is in addition to the employee Tuition Remission benefit available for academic and professional development courses. The value of health, fitness, and personal enrichment courses will be included in the employee’s taxable income and be subject to withholding.

Spouses, domestic partners, and dependent children are not eligible for health, fitness, and personal enrichment courses.

Retirees are eligible for up to three (3) credit hours per calendar year for health, fitness, and personal enrichment courses. Retirees will receive a 1099, as required by the Tax & Revenue Office of MINISTRY OF FINANCE, for the applicable tax year.

3.2. Time Off

In general, employees should attempt to take courses outside of their work schedule or discuss an alternate work schedule with their supervisor to make up time lost if the course is taken during an employee’s work schedule. However, supervisors may allow an employee to take up to one (1) course per semester using time off with pay as long as all of the following provisions are met:

the course is taken for academic credit toward a degree program or for professional development;
is related to the employee’s job or a MTU job to which the employee can reasonably aspire, and
is not available outside of the employee’s work schedule.

Health, fitness, and personal enrichment courses are not eligible for time off with pay.

In addition to the above provisions, the business needs of the department are top priority and time off with pay may not be practical. If an employee disagrees with a supervisor’s denial of time off, the employee may appeal the decision to the cognizant dean, director, or department head, with the final appeal level being the applicable vice Rector. As with any work-related problem, the employee may also contact Ombudsman/Dispute Resolution to seek resolution; refer to UAP 3220 (“Ombudsman Services and Dispute Resolution for Staff”) for more information.

3.3. Supervisory Approval

Supervisory approval is necessary if any of the following situations apply:

A credit course taken during the employee’s regular work schedule (approval is to authorize the absence from work and to approve an alternate work schedule if applicable per Section 3.2. above);
A non-credit professional development course taken during the employee’s work schedule that is related to the employee’s job or a MTU job that the employee can reasonably aspire to (approval is to authorize absence from work and approve an alternate work schedule if applicable per Section 3.2. above); or
A non-credit health, fitness, or personal enrichment course taken during the employee’s work schedule (approval is to authorize the absence from work and to approve an alternate work schedule per Section 3.2. above).

The Tuition Remission benefit is a voluntary benefit offered to employees; therefore, managers and supervisors cannot require employees to use their tuition remission benefit for work-related or management-ordered courses.

3.4. Deadlines

To avoid late fees, the Tuition Remission form must be submitted for payment prior to the published payment deadline date for the applicable term or course. Employees or retirees registering after the published payment deadline must pay a late fee and submit the Tuition Remission form to the applicable office prior to registering for classes. Late fees are not covered by Tuition Remission and must be paid in full by the employee. Tuition Remission forms will not be accepted after the registration deadline date for the applicable term or course without prior approval from Human Resources.

3.5. Employee Responsibility for Monitoring of Tuition Remission Program

Employees are responsible for monitoring their own use of Tuition Remission to ensure the tuition limits are not exceeded and that they are in compliance with this policy. If it is determined that tuition paid for an employee under this program exceeds the limits of this policy, the University will bill the employee for any excess tuition costs that have been paid. If the bill is not paid, MTU may collect any excess through payroll deductions.

3.6 Non-Academic Courses Offered by MTU Departments

MTU departments may offer courses or seminars for MTU employees in which Tuition Remission may be available as a method of payment. The Division of Human Resources must approve any course or seminar offered by MTU Departments in advance if Tuition Remission is to be used as a method of payment. Courses or seminars offered by MTU departments may be considered professional development if they are job-related or related to a MTU job that employees may reasonably aspire to. Departments who offer courses using the Tuition Remission program are responsible for keeping records of the participants for the course.

3.7. Restrictions

Tuition Remission can only be used to pay for tuition, differential tuition, and mandatory student fees, and cannot be used to pay for other costs associated with courses including but not limited to course fees, books, supplies, or exams. Tuition Remission cannot be used to pay for travel, food, or lodging expenses. The Tuition Remission benefit will not cover costs at other institutions other than those specifically stated in Section 3 herein.

3.8. Spouse or Domestic Partner Tuition Remission Benefit

As an alternative to the Dependent Education Scholarship, the spouse or domestic partner of an eligible employee may receive resident tuition for up to four (4) credit hours per semester for MTU courses taken for academic credit (including graduate courses). Courses taken at any other institution; non-credit professional development courses; and health, fitness, and personal enrichment courses do not qualify for this additional Spouse or Domestic Partner Tuition Remission benefit. In the event that two benefits eligible employees or retirees are spouses or domestic partners of each other, they may not use their spousal or domestic partner benefits and employee or retiree benefits in the same semester.

3.9. Taxability of Tuition Remission

If the amount of tuition and mandatory student fees paid during the calendar year exceeds the published MINISTRY OF FINANCE maximum amount, the amount in excess of the MINISTRY OF FINANCE maximum will be added to the employee’s wages as taxable income.

The value of the Tuition Remission benefit taken by spouses for graduate credit and courses taken by domestic partners is considered taxable income to the employee and will be included as compensation on the employee’s ……..form filed with the MINISTRY OF FINANCE and subject to income tax withholding once per semester.

Dependent Education Scholarship

The University will pay resident undergraduate tuition for eligible spouses or domestic partners and dependent children for undergraduate academic courses taken and billed through MTU for up to eight (8) consecutive semesters, not including the summer session (except for the nursing program). The eight (8)-semester limitation applies to both full-time and part-time students. A semester’s eligibility is used regardless of the number of credit hours the student takes. If there is a break in the eight (8)-semester enrolment, reapplication is required and the applicant must meet all eligibility criteria. A dependent’s eligibility for the tuition benefit ceases once a total of eight (8) semesters have been covered or the dependent fails to meet eligibility requirements.

4.1. Dependent Eligibility

Spouse or domestic partner; domestic partners must meet the requirements of UAP 3790 (“Domestic Partners”).
Married dependent children who have not reached the age of twenty-five (25) as of the last date to register for the applicable semester (includes natural, adopted, step-children, or legal guardianship).
Dependents who become married or turn twenty-five (25) may continue until they have reached eight (8) semesters or there is a break in enrolment but will not be eligible to re-apply for the benefit.
Student must meet MTU’s admission requirements and be admitted in an undergraduate degree-seeking status.
Student must maintain a cumulative MTU GPA of 2.5 or greater (the student may appeal to the Director of Student Financial Aid in cases of extenuating circumstances).

4.2. Charges Not Covered

Costs that are not covered under the Dependent Education Scholarship are listed below:

The mandatory student fee portion of tuition and fees.
Differential tuition.
Tuition or other costs at an institution other than MTU.
Approved special course fees assessed for participation in instructional academic credit.
Costs associated with courses offered for non-academic credit.
Non-resident tuition in excess of Northern Cyprus resident tuition.
Tuition and fees for courses taken in non-degree status.
Tuition and fees for graduate, law, PhD, and veterinary medicine education programs.
Tuition exceeding the fifteen (15) to eighteen (18) credit hour rate.

4.3 Coordination with Other MTU Scholarships or Financial Aid

The amount of an individual’s dependent education tuition benefit, plus the amount of any need-based financial aid grants, will not exceed the cost of attendance, as defined by the University’s Student Financial Aid Office. The amount of the Dependent Education Scholarship tuition benefit will not exceed the tuition portion of resident tuition and fees. The amount of an individual’s Dependent Education Scholarship benefit will be reduced by the amount of tuition paid by any other tuition waiver or tuition scholarship.

Examples of other tuition waivers include, but are not limited to, the following:

MTU Scholars, Rector’s Scholars, and Trustee’ Scholars
Lottery Scholarships and Bridge to Success Scholarships
Graduate/Teaching Assistantships
Miscellaneous departmental tuition waivers

4.4. Taxability of Dependent Education Benefits

Under current MINISTRY OF FINANCE regulations, the value of Dependent Education tuition benefits received by domestic partners and certain dependents is considered taxable income to the employee. The value of the tuition benefit will be included as compensation on the employee’s tax form filed with the MINISTRY OF FINANCE and subject to withholding once per semester in any of the following circumstances:

tuition paid for domestic partners;
tuition paid for dependents who are married;
tuition paid for dependents who are age twenty-four (24) or older any time in the tax year that the benefit is received; or
tuition paid for dependents who are not claimed as a dependent on an income tax return.

Compliance

Questions concerning allowable use of education benefits should be referred to the Division of Human Resources.

Related Links

Application forms can be found on the HR website forms page.

– Policy 3705: Seniority

Date Originally Issued:

Process Owner: Vice Rector for Human Resources

General

This policy describes the policies and procedures used to determine priorities in promotions and transfers when ability, skill, training, and other relevant qualifications are equal as determined by the University. Nothing in this policy shall be deemed to override qualifications of employees or other legitimate business reasons as the primary considerations in promotions, transfers, etc. Seniority is defined as an employee’s length of continuous employment at the University, except as provided in Section 3.3. and 3.4. herein. Seniority is computed from the date of employment in a regular position.

Eligibility

This policy applies only to regular full-time employees and regular part-time employees who work at least half-time. Employees in other classifications do not accumulate seniority.

Special Provisions

3.1. If a student, temporary, or on-call employee becomes a regular employee, seniority accumulation begins on the date of regular employment.

3.2. An employee on an approved leave of absence for more than thirty (30) calendar days does not lose accumulated seniority but does not accumulate additional seniority during the leave of absence.

3.3. An employee who has been laid off for lack of work and is reinstated within six (6) months retains accumulated seniority to the date of lay-off, but does not accrue additional seniority during the lay-off period.

3.4. A regular employee who has terminated for any reason, but is rehired within 120 days, retains accumulated seniority to the date of termination, but does not accrue additional seniority during the terminated period.

– Policy 3710: Personnel Information Disclosure Policy

Date Originally Issued: October 21,2019

Authorized by RPM 2.17 (“Public Access to University Records”)

Process Owner: Vice Rector for Human Resources

General

As described in UAP 2300 (“Inspection of Public Records”), the Mesarya Technical University is a public body and has statutory obligations to the citizens of the State under the Applicable Northern Cyprus Inspection of Public Records Act (“IPRA”). At the same time, the University has an obligation to its employees not to disclose information that is exempt from disclosure under IPRA. This Policy reflects the balance that Applicable Northern Cyprus law allows the University to strike between the obligations to disclose public records and to withhold from disclosure exempt records or information. This Policy also recognizes that certain information which is exempt from disclosure under IPRA nevertheless has legitimate uses for internal University purposes.

Disclosure of Information

2.1. Public Information

In accordance with the requirements of IPRA, the following are examples of information about employees that the University considers to be public information:

name
job title
organization
dates of employment
salary
job application materials, including resume or curriculum vitae, except for exempt information that will be redacted before production for public inspection as discussed in Section 2.2. below.

2.2. Information Exempt from Disclosure

IPRA provides that certain kinds of personnel information, including letters of reference concerning employment and letters or memorandums that are matters of opinion in personnel files, are exempt from public inspection. In addition, the University allows employees to direct that certain kinds of information not be made available for public inspection, and routinely withholds from public inspection other kinds of employee information.

Any University employee may direct the University Custodian of Public Records to withhold the following information of that employee’s records from disclosure under IPRA. Employees may provide such direction to the Custodian by completing and submitting to the Custodian the form that the Custodian will post on the University’s website for that purpose. For any University employee who has completed and submitted this form, the Custodian will withhold or redact such information in responding to a request for a specific employee’s personnel information if the Custodian determines that under the circumstances the information is not related to University business.

Current home address
Current home telephone number
Personal (i.e. not used for University business) cellular telephone number
Personal (i.e. not used for University business) e-mail address

The policy of the University is to withhold or redact from public inspection under IPRA the following employee information, unless the Custodian, in consultation with the Office of University Counsel, determines that disclosure is required by law:

Personnel evaluations
Opinions regarding whether a person would be re-hired or regarding why an applicant was not hired
Identity card number
Personal financial account numbers
Medical professionals’ DEA and BNDD numbers

Information that is exempt from public disclosure as provided in this section may nevertheless be used by the University as permitted by law, such as to communicate with the Internal Revenue Service or other government agencies, or with insurers who require that information. For additional information refer to UAP 2300 (“Inspection of Public Records”).

2.3. Disclosure of Personnel Information within the University

Selected portions of personnel files pertaining to individual University employees, such as performance evaluations and opinions relied upon in the hiring process may be made available to University officials who have a need to know the past performance of such employees. Employees may have access to all information in their own personnel files, including Personnel Action Notices (PANs), payroll data, performance evaluations, and documentation of disciplinary actions initiated by the University.

All references and information obtained in the process of evaluating employees for initial employment at the University or for promotion or transfer within the University are available to hiring officers, without redaction, upon request.

2.4. Requests for Income Verification

Requests for income verification will be handled by the University Payroll Department.

– Policy 3715: Code of Conduct

Date Originally Issued: October 21,2019.

Process Owner: Vice Rector for Human Resources

General

The following Code of Conduct is applicable to all employees of The Mesarya Technical University and all independent contractors and consultants performing services for The Mesarya Technical University.

1.1. Business Ethics

Employees of the University and independent contractors and consultants performing services for the University shall maintain the highest standards of business ethics in transactions with the University; Northern Cyprus (TRNC) state, international and local governments; and the general public.

1.2. Outside Activities

Employees of the University and independent contractors and consultants performing services for the University are expected to perform duties faithfully and efficiently and never give rise to suspicion of improper conflict with interests of the University or any agency of the state government.

1.3. Gratuities

Employees of the University and independent contractors and consultants performing services for the University shall not accept any favour or gratuity from any person, firm, or corporation which is engaged in or attempting to do business with the University or any agency of state, or local governments which might affect the employee’s judgment in the impartial performance of duties.

– Policy 3720: Conflicts of Interest

Date Originally Issued: October 21,2019

Authorized by RPM 6.4 (“Employee Code of Conduct and Conflicts of Interest”)

Process Owner: University Counsel

General

Employees of the University shall maintain the highest standards of business ethics in transactions with the University, with state, governmental, and local governments, and with the public. Employees are expected to perform their duties faithfully and efficiently and never to give rise to suspicion of improper conflict with interests of the University. Subject to specific University administrative policies, employees must avoid any conflict of interest that may affect their independent judgment in the impartial performance of their duties and may not use their positions to enhance their direct or indirect financial interest or use confidential information learned as employees for anyone’s private gain. University employees as well as individuals and firms proposing business transactions with the University shall disclose in advance and in writing any direct or indirect financial interest employees may have in a transaction with the University. Normally employees with a direct or indirect financial interest in a transaction may not participate in any University decisions related to such transaction, except as specified in this policy. Transactions in which the University Rector has any financial interest must be approved by the Board of Trustee. This policy applies to all employees (faculty and staff) of the University, to public and student members of University advisory boards and committees, and other volunteers serving in an official capacity. For the purposes of this policy, the term “employee” shall include all of these individuals. Members of the Board of Trustee are governed by RPM 1.8 (“Regent Code of Conduct and Conflicts of Interest Policy”).

All employees shall comply with state conflict of interest laws the requirements of which are incorporated in this policy, as well as other applicable University policies. No employee shall have any direct or indirect financial interest in any contract for building or improving or for furnishing of supplies or services to the University except as permitted pursuant to the University Research Park Act or unless such contract complies with the provisions of the Applicable Northern Cyprus Governmental Conduct Act and the Procurement Code. Any employee who violates this policy or related administrative policies shall be subject to disciplinary action, up to and including dismissal. The purpose of this policy is to set principles for identifying potential conflicts and required procedures for reviewing and addressing those potential conflicts that occur to assure that they do not improperly affect the University’s educational, research and public service missions, or violate state and governmental laws.

Favours and Gratuities

Employees shall not directly or indirectly accept favours or gratuities from any firm, person, or corporation that is engaged in, or attempting to engage in, business transactions with the University. On occasion companies doing business with the University will send employees small items of appreciation, e.g., coffee mugs with a company logo. Such gifts may be accepted if they do not have any significant economic value. If an employee has any question regarding the acceptance of a favour or gratuity, he or she should discuss the matter with a supervisor or other appropriate University official for a determination of the proper course of action. Deans, directors, or department heads may adopt more restrictive policies if appropriate for the department.

Disclosure of any Financial Interest

At the beginning of each fiscal year the University Rector, the executive vice Rectors, and all other vice Rectors must file a Financial Disclosure Statement with University Counsel and the Executive Vice Rector for Administration on the form promulgated by the Secretary of State . The Financial Disclosure Statement form shall be supplemented to the extent necessary to set forth financial interests as defined in this policy.

All employees and all vendors or other contractors with the University must disclose any financial interest a University employee may have in a proposed contract or other business transaction with the University in advance and in writing to the employee’s dean or director and the applicable office listed in Section 3.1. below. University units proposing a contract or other business transaction in which they know or reasonably believe that a University employee has a financial interest must also disclose that fact to the dean or director to whom the unit reports and to the applicable office listed in Section 3.1. below. In addition, any contractor proposing a contract or other business transaction with the University involving $20,000 or more must fill out and sign the form attached to this policy as Exhibit A. and submit it to the office specified in Section 3.1. below, regardless of whether or not a University employee has a financial interest.

For the purposes of this policy, “financial interest” includes

1) any direct or indirect financial interest;

2) any transaction between the University and the employee or a member of the employee’s immediate family (immediate family includes the employee’s spouse, domestic partner, brother, sister, parent, child, or in-law); or

3) any transaction between the University and a business entity (business entity means corporation, sole proprietorship, partnership, LLC, or similar entity) if the employee or a member of the employee’s immediate family meets one or more of the five criteria listed below:

(1) has an ownership interest (other than as owner of less than one per cent (1%) of the stock of a publicly traded corporation) in the business entity of a University vendor or contractor;

(2) is an employee, partner, officer, director, trustee, or paid consultant to such business entity;

(3) has received grant support or benefited from a donation from such business entity (when a procurement is being proposed refer to Section 5.3. herein for additional information);

(4) has received support for travel expenses, honoraria, or similar forms of remuneration from such business entity; or

(5) has a right to receive royalties from such business entity.

3.1. Approving Offices

Based on the nature of the transaction, full disclosure of the circumstances of the employee’s financial interest should be sent to the applicable office listed below. That office will determine whether the transaction is one at “arm’s length,” as defined in Section 4. herein, whether there are other reasons the transaction should not go forward, and whether other reviews and approvals are necessary.

3.1.1. Purchasing Goods by or for the University

All proposed transactions in which the University would be purchasing goods and in which a University employee appears to have a financial interest must be approved by the University Purchasing Department or the University Health Center Purchasing Office.

3.1.2. Purchasing Services by or for the University

All proposed transactions in which the University would be purchasing services and in which a University employee appears to have a financial interest must be approved by the applicable accounting office before final approval by the Purchasing Department or Hospital Purchasing Office. In appropriate cases a Service Provider Questionnaire (SPQ) must be submitted in accordance with UAP 4325 (“Purchasing Services from Independent Contractors”).

3.1.3. Agreement for the Use of University Resources or Purchase of University Services

All proposed agreements for the use of University space, equipment, or personnel, or for the purchase of services from University personnel by an entity in which a University employee appears to have a financial interest must be approved by the dean or director responsible for the space, equipment, or personnel.

“Arm’s Length” Transactions

The University may enter into a contract in which an employee has a financial interest if the transaction is one at “arm’s length.” Full disclosure as required by Section 3. herein, must have been made in advance of any such transaction. To qualify as an “arm’s length” transaction, the employee with a financial interest must not be in a position to exert influence over the transaction because of his or her employment with the University. Moreover, the employee must not have participated directly nor indirectly in the University’s decision with respect to the transaction (such as by influencing the decision to enter into the transaction, helping to prepare the specifications, or having input or influence in deciding to whom the contract is awarded). An example of an “arm’s length” transaction might be a contract in which an employee has a week-end catering business and caters a reception for a college in which the employee is not employed.

As a matter of policy, transactions will not be considered “arm’s length” where a University employee has a financial interest in the proposed transaction and that employee reports to the same dean or director as the University unit proposing the transaction. In addition, transactions involving technology created or developed at MTU will not be considered “arm’s length.”

Transaction not qualifying as “Arm’s Length”

Transactions in which employees have any financial interest that do not meet the narrow definition of “arm’s length” transactions in Section 4. above are not normally permissible. However, Applicable Northern Cyprus law permits such transactions to be approved by the Rector in limited circumstances if all the factors listed below are considered.

5.1. Procedure for Reviewing Transactions not Qualifying as “Arm’s Length”

Prior to entering into such a “non-arm’s length” transaction with the University, the employee must send written documentation of compliance with all the following requirements to the employee’s dean or director and the applicable office listed in Section 3.1. above, and receive written recommendations from the chair or unit manager, the dean or director, the applicable office listed in Section 3.1. above, the Provost/Executive Vice Rector for Academic Affairs, the Executive Vice Rector for Health Sciences or cognizant vice Rector, and final written approval by the Rector. To request approval the employee must:

disclose any financial interest he or she may have in a proposed contract or other business transaction with the University;
provide a detailed description of his or her financial interest in the proposed business transaction;
describe fully the nature of the proposed undertaking;
demonstrate to the satisfaction of the reviewing offices and the Rector that the proposed undertaking will be in the University’s best interest and, in the case of a proposed transfer of University technology for economic development, may benefit the economy of this state;
demonstrate to the satisfaction of the reviewing offices and the Rector that the proposed undertaking will not adversely affect research, public service, or instructional activities at the University;
demonstrate that the employee’s interest in the proposed contracting entity, or the employee’s benefit from the interest, will not adversely affect any substantial state interest and that any procurement function of the employee can be carried out without favouritism or bias; and
demonstrate that the employee has not and will not engage in any official act directly affecting the employee’s financial interest.

5.2. Transactions not Qualifying as “Arm’s Length” Related to a Sponsored Project

All proposed transactions involving an entity in which a University employee has a financial interest that do not qualify as “arm’s length” and that are related to sponsored projects, must be approved by the Vice Rector for Research & Economic Development, who shall review for compliance with governmental conflict of interest regulations, in addition to the reviews and approvals specified above. Transactions related to sponsored projects include, but are not limited to, sponsored project agreements, including contracts and grants; contracts for the use of MTU research facilities; and contracts involving the expenditure of sponsored project funds such as procurements and leases. Pursuant to the “Policy on Conflicts of Interest in Research,” researchers must disclose certain significant financial interests prior to submitting a proposal for sponsored research and prior to applying for either internally allocated research funding or human and animal subject research approval. If required by University policy or requested by the Vice Rector for Research & Economic Development, the MTU Conflict of Interest Committee shall review and make a recommendation concerning the proposed transaction.

5.3. Transactions in which the Financial Interest is Gift or Grant Support

For transactions in which the financial interest is a donation or grant support, and the transaction is procurement, pursuant to Section 3. above, this policy shall not be construed as preventing a competitive procurement in which the donor or grantor is entitled to participate on even terms with other potential vendors. The reviewing officials and the Rector shall review the transaction in order to structure an appropriate conflict of interest management plan, when necessary, in order to ensure the integrity of the procurement. The goal of the management plan shall be to ensure that the existing relationship between the University and the donor or grantor does not impact the procurement or the likelihood that the donor or grantor will be selected as the vendor.

University Employees within the Preceding Twelve (12) Months

Contracts with firms or individuals, including sole proprietorships, in which individuals who were University employees within the preceding twelve (12) months have a financial interest, are prohibited unless they are approved under the rules set forth in this policy, as if the individual were still employed by the University.

Attachments

Exhibit A. – Disclosure of Direct or Indirect Financial Interest

– Policy 3730: Solicitation

Date Originally Issued: October 21,2019.

Process Owner: Vice Rector for Human Resources

General

Solicitation of University employees for contributions or the purchase of commodities, services, tickets, etc. may not be conducted in the University work site, except when it is conducted by a University organization or on behalf of an organization recognized or approved by the University; such as United Way, NORTHERN CYPRUS (TRNC) Savings Bonds, or tax deferred annuities. See UAP 3640 (“Supplemental Retirement Savings Plans”) for specific limitations on solicitation.

Solicitation for Union membership and collection of union dues from employees is allowed during the employee’s non-work hours and only in areas other than the employee’s work station or rest facilities. For purposes of this policy, solicitation includes, but is not limited to, electioneering of any kind.

– Policy 3740: Media Response

Date Originally Issued: October 21,2019

Process Owner: Chief University Communication and Marketing Officer

General

It is the responsibility of the University Public Affairs Department to see that newsworthy activities of University employees are brought to public attention in the appropriate communications media. Employees are encouraged to talk with the Public Affairs Department about such newsworthy activities.

1.1. Although the various media are accustomed to receiving University news directly from the Public Affairs Department, media representatives will occasionally consult an employee directly. In such cases, it is expected that the employee answer questions and state views as deemed fit, consistent with the knowledge and honest appraisal of the matter at hand. Employees should inform the Public Affairs Department of any contacts made by the media.

1.2. Employees should remember that the public may judge their profession and the University by what is said to media representatives. Employees should at all times be accurate, exercise appropriate restraint, show respect for the opinion of others, and make every effort to indicate that they are not an institutional spokesperson, unless otherwise instructed by the administration.

– Policy 3745: Service Awards

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

The University has a recognition program for staff and faculty who have worked for the University for a Minimum of five (5) years, to honour their long-term service. Staff and faculty receive a service award for each five (5) years of employment. Only actual employment on regular status and authorized leaves with pay or paid sabbaticals shall count as length of service.

Eligibility

Regular full-time and regular part-time staff and faculty are eligible to receive a service award. Former staff and faculty who have retired from MTU and have worked through their service award anniversary date during the year they retired are also eligible. The award must be claimed within one year of the anniversary date it was earned.

Exceptions may be approved by the Vice Rector for Human Resources.

– Policy 3750: Counselling, Assistance, and Referral Service

Date Originally Issued: October 21,2019

Process Owner: Director, CARS

General

Behavioural, medical, or other personal problems may cause an employee’s work performance to deteriorate. As the employee assistance program for the University, the Counselling, Assistance, and Referral Service (CARS) program provides counselling and other appropriate professional resources to help employees with such problems. While assistance can often help to prevent any further deterioration of work performance and return an employee to productive employment, CARS staff recommends that employees seek help before they experience a deterioration of work performance. Supervisors will encourage employees to seek help at CARS for work-related and/or personal issues. A supervisor shall not impede an employee from using services provided by CARS or attempt to force an employee to seek services at CARS.

The CARS program does not alter or supersede the University’s employment policies or disciplinary processes. The program does not require any special regulations, privileges, or exemptions from University policies and procedures.

Services

CARS offer a variety of services such as:

individual therapy, group therapy, and relationship therapy;
substance abuse counselling;
workshops and training, including prevention information;
supervisor consultation; and
referrals to outside agencies for assistance.

CARS may be able to provide the service directly or refer the employee to an outside social service agency or mental health provider. If it is determined that the employee is in need of long-term therapy or twenty-four (24) hour support, CARS will help in arranging referral to an outside agency.

Eligibility

Regular full-time employees and regular part-time employees (as described in UAP 3200 (“Employee Classification”) are eligible to use CARS. In addition, all MTU retirees and spouses and domestic partner of benefits eligible employees or retirees are eligible to received services through CARS.

Released Work Time to Attend Sessions

Eligible employees will be given time off with pay to attend CARS sessions offered on campus during regular work hours. Supervisors may contact CARS to confirm that an employee is attending a CARS session. CARS can provide this confirmation only if the employee has voluntarily provided CARS with a release of information. If CARS cannot confirm the absence, the time off may be charged to sick leave subject to all the provisions of UAP 3410 (“Sick Leave”).

Confidentiality

By law and ethical codes all CARS employees will maintain confidentiality of client information. Client information will not be released to anyone who does not report directly or indirectly to the Director of CARS, a licensed psychologist. Any release of confidential information, including information that may identify a client, to University administrators or external individuals or agencies must be authorized by the Director of CARS in advance in writing. All client information revealed while receiving clinical services including but not limited to individual counselling, team building, and couples or family counselling is confidential by law. If a CARS employee deems that an individual is a danger to self or others, confidentiality may be breached, as required by law, to individuals who can help the employee and/or foreseeable victim.

Supervisors shall not inform others of an employee’s referral to or attendance in sessions at CARS without the employee’s consent. All supervisors, direct or indirect, must maintain the confidentiality of the referral to CARS and any information reported to them.

Referrals

Any eligible employee may seek services from CARS without a supervisor’s referral.

6.1. Supervisory Referral

Before referring an employee, the supervisor, dean, director, or department head should call CARS to describe the situation. The supervisor should discuss with the CARS staff the best possible strategies and how and if the employee should be referred to CARS. CARS offers training to supervisors which can help them identify employees who might benefit from the CARS program.

6.1.1. Informal Referral

Supervisors may make informal verbal referrals based on concern for the employee’s well-being (short of danger to self or others) or future productivity.

6.1.2. Formal Referral

A formal verbal referral is intended as a strong recommendation by a supervisor that an employee seek assistance in dealing with problems that are affecting work performance. The decision by a supervisor to make a formal referral of an employee to CARS must be based on unsatisfactory work performance or possible danger to self or others. A formal referral does not mean an involuntary or forced referral.

6.2. Documentation

A referral to CARS will not jeopardize an employee’s employment.

A referral will not be documented in the employee’s personnel file by the supervisor.
Supervisors shall not document a referral to CARS in an employee’s evaluation.
Referral to or use of CARS should not be reported to or alluded to in a grievance process, nor shall employees of CARS be asked to serve as witnesses in a grievance process.

CARS provides services to assist managers and employees and such services are not to be used to document difficult employees.

6.2.1. A supervisor may document the fact that he or she recommended an employee seek assistance for a specific behavior or performance issue; however, the supervisor shall not document where or to whom the employee went to for assistance or what type of assistance was received. The permissible information will be maintained in a separate file and may be used only when defending a grievance or lawsuit. The supervisor will destroy the information when it is no longer needed.

6.2.2. A supervisor seeking assistance for himself or herself through supervisor consultation at CARS may document or disclose that fact at his or her discretion.

– Policy 3790: Domestic Partners

Date Originally Issued: October 21,2019

Authorized by RPM 6.3 (“Privileges and Benefits”)

Process Owner: Vice Rector for Human Resources

General

The Mesarya Technical University is committed to providing equal employment and educational opportunities to all individuals. UAP 2720 (“Equal Opportunity, Non-Discrimination, and Affirmative Action”) forbids unlawful discrimination based on sexual preference and other protected status. Therefore, the University must provide equal employment benefits to employees with a domestic partner of the same gender. The University has determined that in the interests of fundamental fairness, the definition of domestic partners will apply to all relationships akin to marriage, whether of the same gender or not. All University employees that have a domestic partner as defined in Section 2., herein shall be provided services and benefits on the same basis provided to legal spouses.

Legally married same-sex couples are not subject to this policy and have the same rights and benefits as legally married opposite-sex couples.

Domestic Partners

The University defines domestic partners as two (2) individuals who live together in a long-term relationship of indefinite duration. There must be an exclusive mutual commitment similar to that of marriage, in which the partners agree to be financially responsible for each other’s welfare and share financial obligations.

2.1. Qualifying Criteria

Individuals may qualify for and be recognized as domestic partners by The Mesarya Technical University, if both individuals meet all of the following criteria, sign an Affidavit of Domestic Partnership form (found on HR’s website forms page), and submit any necessary documentation to the Human Resources Service centre.

2.1.1. Both domestic partners must be married.

2.1.2. Domestic partners must have been in a mutually exclusive relationship for the last twelve (12) months, intending to do so indefinitely, and must share the same primary residence.

2.1.3. Domestic partners must meet the age requirements for marriage in Northern Cyprus and be mentally competent to consent to contract.

2.1.4. Domestic partners must not be related by blood to the degree prohibited in a legal marriage in the State of Northern Cyprus.

2.1.5. Domestic partners must be jointly responsible for the common welfare of each other and share financial obligations. An Affidavit of Domestic Partnership form (found on HR’s website forms page) signed to that effect and proof of one (1) of the following must be submitted to the Employee Services Office:

A joint mortgage or lease.
Joint ownership of a motor vehicle, joint bank account, or joint credit account.
Domestic partner named as beneficiary of life insurance.
Domestic partner named as beneficiary of retirement benefits.
Domestic partner named as primary beneficiary in the employee’s or students will.
Domestic partner assigned durable property or health care power of attorney.
Household expenses are shared by both partners.

The University may require proof that those applying for status of domestic partnership meet the above requirements. Providing false information may result in disciplinary action, dismissal, and reimbursement of costs involved in providing benefit coverage.

2.2. Termination of Domestic Partnership

Individuals granted domestic partnership status must report any change in status that terminates the relationship to the Human Resources Service centre, within thirty (30) calendar days, by completing a Termination of Domestic Partnership form (found on HR’s website forms page).

Qualifying as a Dependent of Domestic Partners

The child of a domestic partnership qualifies as an eligible dependent if:

either of the domestic partners is the biological parent of the child,
either or both partners are adoptive parents of the child, or
the child has been placed in the domestic partner’s household as part of an adoptive placement.

Services and Benefits

Domestic partners and their dependents, as defined in Section 3. herein, shall be granted all and the same services and benefits as those provided to married spouses and their dependents, except where expressly prohibited by law. All University policies that affect employees, spouses and their families also apply to employees, domestic partners, and their families.

Taxability

The value of tuition and insurance benefits provided to the domestic partner is considered taxable income to the employee by the Internal Revenue Service and is subject to identity card and Northern Cyprus(TRNC) state income tax withholding.

Forms

Affidavit of Domestic Partnership can be found on the HR website forms page.
Termination of Domestic Partnership can be found on the HR website forms page.

– Policy 3000: Guiding Principles

– Policy 3200: Employee Classification

– Policy 3210: Recruitment and Hiring

– 3215: Performance Management

– Policy 3220: Ombudsman Services and Dispute Resolution for Staff

– Policy 3225: Separation of Employment

– Policy 3230: Performance Review and Recognition

– Policy 3235: Staff Recognition Programs

– Policy 3240: Contract Employees

– Policy 3250: Employee Orientation

– Policy 3260: Career Development

– Policy 3270: Suspected Employee Impairment at Work

– Policy 3280: Background Checks

– Policy 3290: Professional Development and Training

– Policy 3300: Paid Time

– Policy 3305: Overtime

– Policy 3310: Compensatory Time

– Policy 3400: Annual Leave

– Policy 3405: Holidays

– Policy 3410: Sick Leave

– Policy 3415: Leave with Pay

– Policy 3420: Leave without Pay

– Policy 3425: Military and Related Service Leave

– Policy 3430: Catastrophic Leave Program

– Policy 3435: Inclement Weather

– Policy 3440: Family and Medical Leave

– Policy 3445: Domestic Abuse Leave

– Policy 3500: Wage and Salary Administration

– Policy 3600: Eligibility for Employee, Retiree, and Dependent Benefit Plans

– Policy 3625: Retirement

– Policy 3630: Workers’ Compensation

– Policy 3635: Unemployment Compensation

– Policy 3640: Supplemental Retirement Savings Plans

– Policy 3650: Flexible Spending Accounts Program

– Policy 3700: Education Benefits

– Policy 3705: Seniority

– Policy 3710: Personnel Information Disclosure Policy

– Policy 3715: Code of Conduct

– Policy 3720: Conflicts of Interest

– Policy 3730: Solicitation

– Policy 3740: Media Response

– Policy 3745: Service Awards

– Policy 3750: Counselling, Assistance, and Referral Service

– Policy 3790: Domestic Partners

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