The University of Memphis

General Personnel Policy



POLICIES

Issued: January 4, 2011
Responsible Official: Vice President for Business & Finance
Responsible Office: Human Resources

Policy Statement


Policy Statement

The University of Memphis adheres to the Tennessee Board of Regents General Personnel Policy No. 5:01:00:00. The TBR policy delegates to the President of the University of Memphis the authority and responsibility concerning specified personnel who are necessary and appropriate for the efficient administration of the University. The policy establishes standards, guidelines, and reporting requirements for the exercise of the President's delegated authority.  Also, the President shall ensure that all appointments, changes of status, compensation, and terminations are in compliance with UM1381, Equal Employment Opportunity, Affirmative Action, Discrimination and Nepotism, which sets out non-discrimination requirements. 



Purpose


 

The purpose of this policy is to outline the President's scope of delegation, the authority to appoint personnel, and the nature of such appointments including compensation, changes of status, and terminations of employment.   



Definitions


Academic Year

The academic year begins one week before the first day of fall semester classes and ends one week after spring final exams. Employees appointed on an academic year basis are expected to work only during these months.  


Break in Service

An unpaid period of five (5) or more consecutive work days, including holidays and administrative closings, that occurs within a period of regular employment. Reasons for a break in service may include, but are not limited to, being absent due to illness with insufficient leave time; or for members of the non-faculty sick leave bank, the 5-day leave without pay period required before receiving time from the non-faculty sick leave bank.

Although most temporary appointments are less than six months in duration, note that an employee who has worked as a temporary employee for the maximum time of one calendar year must be completely separated and off the payroll for fourteen (14) consecutive calendar days before becoming eligible for re-employment in a temporary position.  

  


Clerical and Support Employee

An employee who performs primarily clerical duties and/or supporting functions such as Office Associate or Police Officer. The clerical and support employee is differentiated from academic, executive, and administrative based on the nature of their work. This type of employee, also designated as non-exempt, is required to report all hours worked, is subject to overtime provisions of the Fair Labor Standards Act (FLSA), and is paid an hourly rate on a biweekly basis.   


Confidential Information

Information in employee records that may not be released under the Tennessee Open Records Law, including:

  • Unpublished telephone numbers
  • Bank account information
  • Social Security number
  • Driver's license information, except where driving or operating a vehicle is part of the employee's job description, job duties, or incidental to the performance of his or her job
  • Medical information, sick leave documentation, and Employee Assistance Program (EAP) files
  • Same information as listed above on immediate family members or household members  

EEOC Categories 4-7

The Equal Employment Opportunity Commission (EEOC), uses numbers to define 'Occupational Classifications'. TBR policy uses this classification system to identify jobs that require chancellor approval for reclassification increases.  Reclassification increases for jobs in EEOC categories 4-7 that exceed $3500 per year require TBR approval.  Categories are defined as follow:  Clerical and Secretatial (Category 4); Technical and Paraprofessional (Category 5); Skilled Crafts (Category 6); and Service/Maintenance (category 7).   


Employee Records

Records related to employees including faculty, staff, and graduate assistants, that are maintained in the Human Resources, the Payroll Office, the Accounting Office, or other department that may maintain records that include information on employees.

Student employee records are maintained in Student Employment.


Executive and Administrative - FacultyFaculty who serve in administrative roles that require individuals with academic credentials.

Executive and Administrative - Staff

Personnel other than faculty who have primarily executive and administrative responsibilities and whose positions require recognized professional achievement acquired by formal training or equivalent experience. This classification includes all non-academic personnel who are exempt from the provisions of the Fair Labor Standards Act (FLSA).


Faculty/Academic Personnel

Faculty members who hold academic rank and who are directly engaged in instruction, departmental research, or public service. Academic personnel may be employed on a 9-month or 10-month service basis (academic year), compensated over a 12-month period; or on a 12-month service basis (fiscal year).  


Faculty - Part-Time/Temporary All faculty whose temporary appointments are based on demand each semester.

Fiscal YearThe fiscal year begins July 1 and ends on June 30. Employees appointed on a fiscal year basis are expected to work all 12 months.

Flextime

An alternative work pattern that allows full-time employees to vary their arrival and/or departure times if they (1) work the required 75.0 hours in a two-week period and, (2) for hourly paid employees, do not work more than 40 hours in a single workweek. This arrangement allows variations in the length of the workday and/or the length of the workweek.  Flextime must be approved by the appropriate Dean, Director, or Activity Head as well as the Assistant Vice President for Human Resources. 


Full-Time EmployeeAn employee who is scheduled to work 37.5 hours per week or more. A full-time employee may be a non-instructional employee or a modified fiscal year appointment (MODFY) employee who works 37.5 hours per week or more, or an instructional employee who is hired for a full academic year and teaches the equivalent of 15 undergraduate hours or the equivalent of 12 graduate hours each semester. 

Graduate AssistantA student employee who is enrolled in a graduate program at the University of Memphis and appointed to an employee assignment by the Graduate School. A graduate assistant (G.A.) may be appointed as a Teaching G.A., a Research G.A., or a Service G.A. 

MODFY EmployeeEmployees in Modified Fiscal Year (MODFY) appointments are regular, full or part-time, non-teaching personnel whose regular service period is at least nine months but less than twelve months. Salary is accrued during the working months of the appointment to be paid back over the non-work months. The actual length and work schedule can vary at the discretion of the President. For example, a MODFY employee might work ten months, August-May, and be off the months of June and July. MODFY employees may be exempt or non-exempt, and are paid on regular monthly payrolls twelve months per year.   

Part-Time EmployeeA non-instructional employee who is scheduled to work fewer than 37.5 hours per week or an instructional employee who teaches less than the equivalent of 15 undergraduate hours or 12 graduate hours each semester.  A part-time employee may be in a temporary or regular position. 

Public RecordsAll books, papers, electronic mail messages, maps, photographs, films, microfilm, imaged copies, electronic data processing output, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official University business. 

Professional Non-FacultyEmployees whose assignments require either college graduation or experience of such kind and amount as to provide a comparable background. Included would be all staff members exempt from Fair Labor Standards Act (FLSA) with assignments requiring specialized professional training and who are not classified as Executive, Administrative, or Faculty.  

Regular EmployeeAn employee appointed to a uniquely budgeted position for an ongoing, indefinite period of time. This type employee may be full-time or part-time and must meet an initial six-month probationary period. 

Six-Month ProbationEach non-faculty employee is hired with a six-month probationary period during which the employee's manager or supervisor evaluates his or her ability to satisfactorily perform the duties of the position. An employee enters a six-month probation period when hired for the first time as well as each time he or she changes to a new position thereafter. An employee can be released with no notice or recourse during the six-month probationary period.  

Standard Work Schedule

For reporting time and hours worked, the standard workweek is Saturday through Friday. The standard work schedule includes:

  • 7.5 hours each day from 8:00 a.m. to 4:30 p.m.
  • 37.5 hours per week, Monday through Friday
  • One unpaid hour for lunch each day midway through the work day
  • 1950 hours in a normal fiscal year

Student EmployeeEmployees whose primary purpose for being at the University of Memphis is to be enrolled in an academic program. All student employees are temporary employees.  

Temporary Employee

An employee appointed for a defined period of time not to exceed one year. This type employee does not enter an initial six-month probationary period and is subject to termination without notice at any time. A temporary employee may be full-time or part-time and is frequently appointed one semester at a time. If temporary assignments are recurring, the department should consider creating and funding a regular position.  

Temporary employees are ineligible for benefits including, but not limited to retirement, state insurance, annual and sick leave, other leave, and holiday pay or longevity credit.


Terminal Leave

The period during which a retiring employee may remain on the payroll beyond his or her last physical working day to use accrued and unused annual leave hours.   



Procedures


Approval Authority

TBR Chancellor Approvals Required:

  • Appointment of Vice Presidents, including those on an interim appointment.
  • Appointment of academic deans, academic department and/or division heads, directors of centers of excellence, including those officers, with varying titles, who have line responsibility for administration of academic faculty or staff at the academic disciplinary unit level.
  • Appointments, promotions, reclassifications, and/or transfer to exempt positions with annual salaries of $100,000 or more.
  • Promotions or reclassifications to positions in EEO categories 4-7 with a salary increase of $4,500 per year or more.
  • Counter offers to faculty, staff, and coaches.
  • Appointments in excess of the amount specified in the operating budget.
  • Appointments to any other positions that may be designated by the chancellor.
  • New administrative positions and major changes in the administrative organization

No employment agreement, contract, or letter of agreement shall be used in the appointment or employment of personnel unless the form of agreement, contract, or letter has been approved by the Chancellor.

President's Approval:

  • Appointments to positions that have been approved by TBR in an operating budget at a level of compensation that does not exceed the amount specified in the operating budget.
  • Establishment of minimum qualifications for all personnel, other than faculty, based upon the duties and responsibilities of the position.
  • Reclassification increases for exempt employees if resulting salary is less than $100,000 per year.
  • Reclassification increases less than $3,500 per year for employees in EEO categories 4-7.
  • Promotion of non-faculty employees pursuant to established and written criteria developed by the university and within the parameters of the university's Affirmative Action Plan, which can be found at http://www.memphis.edu/affirmact/plans.php.
  • Terminations and transfers of personnel within the scope of the delegation of his/her authority, except that faculty actions shall be taken pursuant to the provision of TBR Policy No. 5:01:00:00.     

General Personnel Actions

Nature of Appointments:

Compensation:

  • The President is responsible for compliance with all federal and state laws and regulations and all TBR policies and directives concerning compensation for employees.
  • Compensation for employees shall be subject to limitations imposed by TBR and/or the General Assembly.
  • All regular, full-time monthly paid personnel, whether appointed on an academic or fiscal year basis, shall be paid twelve equal monthly installments each year, provided that exceptions may be made upon termination or as approved by the Chancellor.
  • Part-time instructional personnel shall be paid on the basis of credit or non-credit hours taught, pursuant to guidelines and/or schedules as may be established by TBR.
  • The President shall insure that all employees are paid equal wages or salaries for equal work in positions that require equal skill, effort, and responsibility and which are performed under similar working conditions, except where pay differentials are based on (a) market factors, (b) merit or evaluation systems, (c) length of service, or (d) any other proper, non-discriminatory basis.
  • Overtime payments are paid as applicable to non-exempt employees.
  • Compensation Plans developed by the University of Memphis are subject to the approval of the Chancellor and subject to guidelines promulgated by TBR and/or the legislature.
  • For faculty members being asked to temporarily assume administrative responsibilities that entail moving from an academic year to a fiscal year contract and the assignment of additional duties, refer to TBR Policy 5:01:00:00

Changes of Status and Terminations:

  • The President may approve changes of status that are included within the scope of his/her delegation, subject to approval by the Chancellor where applicable.
  • Promotion of faculty shall be subject to TBR Policy No. 5:02:02:20 and TBR Policy No. 5:02:02:30.
  • Promotion of non-faculty should be made pursuant to established and written criteria developed by the university and within the parameters of the Affirmative Action Plan for the university.
  • The President is authorized to terminate and transfer all personnel within the scope of the delegation of his/her authority, except that faculty actions shall be pursuant to the provision of TBR Policy No. 5:02:02:20  and TBR Policy No. 5:02:02:30.
  • Termination for Gross Misconduct, which may include but is not limited to any act or omission that may seriously disrupt or disturb the normal operation of the university; any work-related conduct that would subject the employee to criminal conviction; theft or dishonesty; gross insubordination; destruction of university property; falsification of records; acts of moral turpitude; reporting for duty under the influence of intoxicants; the illegal use, manufacture, possession, distribution, or dispensing of controlled substances or alcohol; disorderly conduct; provoking a fight; and/or such other similar acts involving intolerable behavior by the employee. Immediate disciplinary action up to and including termination should be taken. Refer to Termination Policy at http://policies.memphis.edu/UM1382.htm.
  • An employee suspected of theft of university property may not resign as an alternative to discharge after the investigation into the matter has been completed. Any exceptions to this requirement must be made by the President after consultation with the TBR Vice Chancellor for Business and Finance. If the employee resigns during the investigation, the employment records must reflect the situation at the date of resignation and the outcome of the investigation.
  • Reductions in Force - see TBR General Personnel Policy 5:01:00:00.
  • Absence from duty for more than three consecutive business days without giving notice to the appropriate manager concerning the reason for such absence and without securing permission to be on leave, or failure to report for duty within two business days after the expiration of any authorized leave of absence, absent unusual, mitigating circumstances, is considered to be a resignation.

 



Links


TBR Policy 5:01:00:00 General Personnel Policy

http://www.tbr.edu/policies/default.aspx?id=1402&terms=general+personnel+policy


TBR Policies 5:02:02:20 Guidelines for Faculty Promotion Recommendations at Universities and TBR Policy 5:02:02:30 Faculty Promotion Recommendations at Community Colleges

 http://www.tbr.edu/policies/default.aspx?id=1474

http://www.tbr.edu/policies/default.aspx?id=1476

         


UM 1515 Compensation Policy

   http://policies.memphis.edu/UM1515.htm 

 


Employment Classification

 http://www.tbr.edu/policies/default.aspx?id=1414



Revision Dates


 UM1613 - Issued: January 4, 2011


Subject Areas:

AcademicFinanceGeneralHuman ResourcesInformation TechnologyStudent Services/Affairs
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