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UNIVERSITY REGULATION
PART IV – HUMAN RESOURCES
Chapter 04.07 - Employee Relations

R04.07.010. Employee Orientation.

In a combination of regional personnel services and departmental orientations, new employees will be apprised of University of Alaska personnel programs, policy and regulation, and other general workplace information. The Statewide Office of Human Resources will provide a list of topics which must be covered in orientation. Regional personnel offices and departments will augment the list with additional information relevant to individual campus and department processes and procedures.

(09-30-94)

R04.07.020. Probationary Status.

1. Newly hired regular exempt and nonexempt staff will serve a 6-month probationary period. The probationary period excludes periods of leave. Persons rehired after a 10 working day break in service, those transferring from temporary or extended temporary jobs into regular or term positions, and employees who have been promoted from a position in one salary grade to a position in a higher grade serve a new six month probationary period. Employees promoted through reclassification do not serve a probationary period in the new classification. 
2. Employment during the probationary period is at-will. In addition to proceedings for termination for cause set forth in R04.08.080, employment may be terminated during the period of probation for any reason not prohibited by law, or for no reason. Notice of termination of probationary employment shall be given as set forth in R04.01.050.A. No period of notice prior to termination is required. 
3. Termination during a promotional probationary period requires prior approval of the chief human resources officer or, through delegation, of the MAU human resources director, and at sole discretion of the officer or delegee, up to four weeks notice may be given. Employees who receive notice of termination during the promotional probationary period will be returned to a vacant position in the former classification for which they are qualified, at their former salary grade. In the event there is no such position, they will be given layoff recall rights and layoff benefits and privileges. 
4. Except when the university elects to pursue termination for cause, decisions to terminate probationary employment are subject to review only as set forth in R04.01.050.A.1-4.

(11-04-04)

R04.07.030. Performance Evaluation.

The performance of each employee will be evaluated annually. A regular employee will have a performance evaluation completed annually, at least two weeks in advance of his/her leave accrual date. Appropriate salary step increases will be accompanied by completed performance evaluations.

Failure by the supervisor to evaluate a subordinate will result in a notice of failure to evaluate being placed in the supervisor’s official personnel file. Responsibility for the monitoring and issuance of notices of failure to evaluate will be determined by the regional personnel office. A variety of forms and processes appropriate to the job being performed may be used to evaluate an employee.

Assistance for supervisors in conducting job evaluations is available through the regional personnel office and the Statewide Office of Human Resources. General training in performance evaluation will be offered on a periodic basis.

(04-07-05)

R04.07.080. Resignation.

1. An employee wishing to resign from employment with the university generally should file with the appointing authority a written resignation stating the date it will be effective and the reason for leaving. Verbal resignations may be confirmed in writing by the appointing authority. Employees holding nonexempt positions are expected to give notice of resignation at least two weeks in advance of the last day of work. Other employees are expected to provide notice adequate to allow for their orderly replacement. Notice requirements may be waived at the discretion of the supervisor. A resignation may be withdrawn only with the written approval of the appointing authority. 
2. A person whose resignation has become effective who wishes to be rehired must comply with normal hiring practices, including Equal Employment Opportunity and Affirmative Action requirements prior to rehire in any position. The university may consider as grounds for refusal to employ a person the fact that the person did not give adequate notice when the person resigned from earlier employment with the university. Resignation does not place the employee in a position of advantage or disadvantage when seeking re-employment. Sick leave accruals are not reinstated upon rehire after a resignation.
3. An unauthorized absence from work for a period of five consecutive working days may be considered by the appointing authority as abandonment of the job and a presumed resignation. Before terminating an employee as a presumed resignation, the appointing authority will make a reasonable effort to contact the employee. A summary of the steps taken to contact the employee will be submitted to the human resources office when the presumed resignation is processed.

(02-22-01)

R04.07.090. Retirement

Eligibility to receive retirement benefits is determined, as applicable, by the State of Alaska administered Public Employees Retirement System or Teachers Retirement System, or in accordance with the University of Alaska Pension or Optional Retirement Plan. Employees planning to retire will notify their supervisor as soon as possible prior to the anticipated retirement date. There is no mandatory retirement age at the University of Alaska.

(02-22-01)

R04.07.095. Emeritus Status, Staff

1. Emeritus status may be conferred upon staff or officers of the university and senior administrators as provided in Regents’ Policy 04.04.070. 
2. Emeritus status is an honorary designation conferred upon employees of the university upon retirement or separation to recognize their significant contributions and accomplishments to the university over the course of their career.
3. The chancellor, or in the case of statewide employees, the president, may confer emeritus status on staff or officers of the university and senior administrators upon retirement or separation after a minimum of 10 years of honorable and distinguished service at the University of Alaska immediately prior to retirement or separation. A recommendation for conferring emeritus status on retiring or separating employees may be made by any other employee up to three months prior to the retirement or separation date. The recommendation must be reviewed by an ad hoc committee appointed by the relevant chancellor or president, and will be evaluated to assess whether services, accomplishments, and contributions to the university are exceptional, with the added caveat that emeritus status is the highest honor that can be bestowed upon a retiring or separating employee. The recommendation will be forwarded to the relevant chancellor or president, whose decision is final and non-reviewable. If the chancellor or a retired chancellor is nominated for emeritus status, the recommendation will be forwarded to the president, whose decision is final and non-reviewable.
4. The Board of Regents may confer emeritus status upon a retiring president of the university. 
5. Privileges available to emeritus staff members may include the following: 
   1. Listing in the appropriate university directory and catalog 
   2. Invitations to major university functions 
   3. Notice of campus functions and social gatherings 
   4. Use of library, gymnasium and food facilities on the same basis as active employees in their category. 
   5. Access to electronic mail, office space, laboratories and/or research facilities (where such access is available at no charge to the university and does not displace other faculty, staff, and/or students). 
   6. Receipt of an identification card.
   7. Waiver of tuition for courses in which they themselves are enrolled. 
6. Upon appointment to emeritus status, a retiring or separating staff member will be designated by the proper title Emeritus/Emerita.
7. Emeritus status is an honor that may be revoked when, in the sole discretion of the relevant chancellor or president, a continuing connection with the university is no longer in the best interest of the University. The chancellor shall inform the affected individual, after providing advance notice to the Board of Regents, the president, as well as the appropriate administrative officer. 
8. Awarding emeritus status for faculty and for senior administrators eligible for faculty emeritus status is provided for in University Regulation R04.04.070.

(01-23-23)

R04.07.100. Nonretention.

If the university elects to discontinue employment through nonretention under Regents' Policy 04.07.100, written notice shall be given as required by this section. Provisions of this section do not apply to termination of employment pursuant to other provisions of Regents' Policy or University Regulation, nor do they apply to employees covered by collective bargaining agreements. At the election of the university, the employee may be given pay in lieu of notice. 

1. Notice Periods 
   1. Exempt (administrative/professional/technical or APT) staff will receive at least six (6) calendar months notice of nonretention. 
   2. Non-exempt (classified) staff will receive at least four (4) calendar weeks notice of nonretention. 
   3. Faculty members non-covered by collective bargaining agreements will receive notice of nonretention to the extent required by Regents’ Policy 04.04.047.B. 
2. Term Employees
   
   Term employees are employed for the duration of a project, grant, or contract, or for a specified length of time. The university is not required to give notice of nonretention at the conclusion of the project, grant, or contract, or the specified length of time. Employment ends automatically at the conclusion of the project, grant, or specified length of time unless a new employment agreement is entered into. Term employees may be non-retained during employment, with notice as provided above. Such notice period, however, will not exceed the duration of the project, grant, or contract, or the specified length of time. 
3. Written Notice
   
   Written notice of nonretention will be considered given when such notice is sent by certified mail to the last known mailing address of the employee, or when actually received by the employee, whichever is earlier.

(02-22-01)

R04.07.110. Layoff, Recall, and Release

The university may elect to discontinue an existing employment relationship through layoff. Layoff does not reflect discredit on the employee's performance. The provisions of this section do not apply to terminations of employment pursuant to other provisions of Regents' Policy or University Regulation. 

1. Definitions
   
   Layoff may be used when there exists within the employing administrative unit or department either: 
   1. “Administrative unit” means any identifiable component of the university at any level of organization that has an annual budget for the operation of such component. 
   2. “Authorized administrator” means a senior administrator or officer as defined in university policy with responsibility for the affected administrative unit. 
   3. “Potential layoff employee” means an employee who has been selected for layoff from employment by the authorized administrator and the regional human resources director in accordance with subsection C.2. 
   4. “Notified layoff employee” means an employee who has been given notice of layoff from university employment in accordance with subsection H. and has not accepted an alternative to layoff. 
   5. “Employee in layoff status” means an individual who has received notice of layoff from employment, has not accepted an alternative to layoff, and is within one year of the effective date of layoff. The effective date of the layoff is the last day the employee is actually at work. 
2. Reasons for Layoff
   
   Layoff may be used when there exists within the employing administrative unit either: 
   1. a lack of or reduction in available work; 
   2. a lack of sufficient available funds, either current or anticipated; 
   3. a good faith reorganization; or 
   4. another reason, not reflecting discredit upon the affected employee(s), which has been approved in the particular circumstances by the chancellor or president of the university, as appropriate; or 
   5. Any combination of the preceding reasons.
      
      Administrators and their designees will coordinate all layoff actions through the regional human resources office prior to selection or notification of any employees. 
3. Selection for Layoffs 
   1. The selection of the individual employees to be laid off will take into consideration the following factors in comparison to other affected employees administrative in the unit: 
      1. employee length of service; 
      2. employee ability to do the work remaining in the administrative unit affected by the layoff; 
      3. employee status as temporary, probationary or regular, with preference being given to the regular over the others, and preference being given to probationary over temporary;
      4. previously documented employee performance; 
      5. source and specific nature of funding; and 
      6. affirmative action goals and objectives. 
   2. After consideration of input from leadership of the affected administrative unit, the determination of the order for layoff will be made jointly by the authorized administrator and the regional human resources director, subject to final review by the chancellor or president of the university, as appropriate. 
4. Notice Period 
   1. Nonexempt Employees
      1. Notice of the layoff of an employee will be given four calendar weeks prior to the effective date of the layoff. 
      2. Four weeks’ pay may be given to the employee in lieu of four weeks’ notice, but only with the prior approval of the appropriate chancellor or president of the university. 
   2. Exempt Nonfaculty Employees
      1. Notice of the layoff of an employee will be given three calendar months prior to the effective date of the layoff. 
      2. Three months’ pay may be given to the employee in lieu of three months’ notice, but only with the prior approval of the appropriate chancellor or president of the university. 
   3. In the event pay in lieu of notice is approved, the effective date of the layoff is the last day the employee is actually at work. 
5. Alternative to Layoff 
   1. Potential layoff employees shall be considered for vacant positions within their administrative unit for which they are qualified. The appropriate human resources officer will notify potential layoff employees of any such vacant positions. 
   2. A potential or notified layoff employee may be offered a reduced or modified appointment, including a change to “term” status, as an alternative to layoff. 
   3. In accordance with R04.03.035.A, a potential or notified layoff employee may be transferred, contingent upon qualifications and the ability to perform the work available, to other positions in the same or another administrative unit within the same university, to be determined in the following order of priority: 
      1. To a vacancy in the same classification in the same pay grade. 
      2. To a vacancy in another classification in the same pay grade. 
      3. To a vacancy in a classification assigned to a lower pay grade. 
   4. The regional human resources office will endeavor to assist notified layoff employees and employees in layoff status to find suitable employment within the university system. 
   5. The salary of any employee accepting an alternative to layoff as provided by this subsection will be governed by existing policy and regulation concerning position movement. However, the salary of an employee shall not be reduced during the layoff notice period unless the employee accepts a reduced appointment. 
6. Conditions Governing Benefits and Privileges
   
   While in Layoff Status Layoff status expires one year after the effective date of layoff. An employee in layoff status:
   1. remains covered by the university health plan through the remainder of the calendar month in which the layoff becomes effective. The employee will be provided notice of his/her opportunity to continue health coverage as required by law. Other benefits, including life insurance, long-term disability, and optional survivor benefits, will cease on the effective date of the layoff;
   2. may apply for conversion of life insurance, and/or long-term disability insurance during the first 31 days following the effective date of the layoff; 
   3. if participating in the tuition waiver program, may complete those courses in which he/she is enrolled at the time of layoff. An employee in layoff status is also eligible for tuition waiver of up to 15 credits in any semester, to be used by the employee on any university campus, for a period not to exceed two years from the effective date of layoff. The total credits available will not exceed 60; 
   4. will not contribute to the retirement system or ORP and will not accrue retirement service credit; 
   5. will not accrue annual or sick leave; 
   6. will receive compensation for any accrued annual leave as of the effective date of layoff, up to a maximum of 240 hours; 
   7. will not receive holiday pay; 
   8. may not claim sick leave; 
   9. is eligible to be considered as an internal applicant for any other university position, if qualified but will receive no other special consideration. 
   10. will receive only those benefits provided in this sub-section. 
7. Recall
   
   In the event that the reason for the layoff of a regular employee abates within one year of the date of layoff, and the university decides to recall an affected employee to fill the same position within an administrative unit, the following procedures will control: 
   1. Recall will apply only to a job within the administrative unit from which the employee was laid off. 
   2. The order of recall within an administrative unit for affected employees having the same job class and pay will be the reverse order of the layoff within the administrative. 
   3. If all employees within the administrative unit and with the same job class and pay decline to return, all applicable recruitment procedures will be observed in filling the vacancy.
   4. A recalled employee will return to the same pay, placement, and leave accrual rate as applied to the employee prior to layoff. Sick leave will be reinstated to the same balance the employee had accrued prior to layoff. 
8. Notification of Layoff and Recall
   
   Employees selected for layoff or recall will be notified in writing. The notice will state the basis for the action, specify the procedures followed and refer the employee to the regional human resources office for assistance. Notification of layoff will be accompanied by a written explanation of the reasons for layoff and consideration of the selection factors.
   
   Notice of layoff or recall will be considered given when sent by certified mail to the last known mailing address of the employee or when actually received by the employee, whichever is earlier.
   
   Recall rights expire and the recalled employee will have no further benefits under this section if the employee's written acceptance of the position is not received by the regional human resources office within 15 calendar days of the date notice was given. 
9. Review of Layoff or Recall Decision
   
   Any employee who disputes a layoff or recall decision may request review as set forth below. 
   1. To be valid, a written request for review must be filed with the chief human resources officer within 10 working days of the date notice of layoff or recall was given in accordance with sub-section H. above. The employee will submit a statement of all reasons for questioning the validity of or motivation for the layoff or recall decision, and such supporting evidence as the employee deems appropriate.
   2. The scope of the review will be limited to whether the employee can establish that: 
      1. the procedures provided by the layoff, recall and release policy and this regulation have not been followed in deciding to layoff or not recall the employee; 
      2. the decision to lay off or not to recall the employee was based on a reason prohibited by law; or 
      3. the layoff of the employee or a decision not to recall the employee was not authorized under this regulation. Budget reallocations within or between any administrative units of the university are not within the scope of review.
   3. The chief human resources officer or designee, or in appropriate cases a substitute, (hereafter referred to as reviewer) may decide the issues raised on the basis of the materials submitted by the employee and the administrator. The reviewer is never obligated to provide for a different procedure, but may elect to do so with respect to some or all of the issues raised, by creating a new procedure, or by adopting or by modifying an existing procedure. 
   4. In the event that the matter is not decided on the basis of the materials submitted, the reviewer will inform the employee and administrator in writing of the procedure to be followed. 
   5. The reviewer will make his/her recommendation on the matter within five working days of the conclusion of the review. The reviewer will make his/her recommendation to the chancellor, or, in the case of Statewide Administration employees, to the chief human resources officer. The chancellor, chief human resources officer, or designee, will render a decision within five working days. 
   6. Except in the case of a written agreement between the parties, the time limits provided hereunder will be extended only for compelling reasons as determined by the chancellor, the chief human resources officer, or designee, as appropriate.
      
      An employee's failure to receive a final decision in a review proceeding will not delay the effective date of any planned layoff or recall

(07-06-15)

R04.07.115. Employee Furlough.

To address budgetary shortfalls in any unit of the university, employees may be subject to furlough via temporary unpaid leaves of absence or via prospective, temporary reductions in pay and equivalent work hours. Prior to implementation of a furlough plan, other reductions and cost savings, as well as revenue generation, will be considered and implemented as appropriate. 

1. Definitions: 
   1. Furlough: temporary unpaid leave for a designated period of time, or a prospective, temporary reduction in pay, imposed to meet a budgetary shortfall. 
   2. Budgetary shortfall: a status of financial health in which projected or actual expenditures are anticipated to exceed revenue. 
   3. State budget impasse: a temporary budgetary shortfall resulting when an appropriation for the university is not passed by the legislature and approved by the governor by May 15, and continuing until a budget is passed.
      
      Except in the case of a state budget impasse, employees may request a reduced contract in lieu of furlough. Requests are subject to approval by the employees’ dean/director and the regional human resources office. 
2. A furlough plan may include, but not be limited to, any of the following at the discretion of the university: 
   1. A specified number of days each pay period, month or year may be designated as furlough days, with no business being conducted on those days. 
   2. Salaries of exempt employees may be reduced by a specified percentage. 
   3. Non-exempt employees may have reduced-hour work weeks (for example, work week reduced from 40 hours to 37.5 hours) or reduced contracts (for example, work schedule reduced to less than 10 days per pay period and/or less than 12 months per year). 
   4. A different number or percentage of furlough days for employees in different pay grades or classifications. 
   5. During a state budget impasse, temporary indeterminate unpaid leaves of absence which must be re-evaluated after 30 days.
      
      Reduction of pay will include reduction of expected effort. 
3. All university employees (full or part-time, regular, term or temporary) may be subject to furlough, except as provided: 
   1. Employees who hold H-1B visas, as defined in 20 CFR 655.731; 
   2. Graduate/teaching/research assistants, postdoctoral fellows/trainees who do not pay FICA, and other student employees; however, in the case of a state budget impasse such employees may be subject to furlough; 
   3. Employees on military leave with pay; 
   4. Employees who perform functions essential to maintain health and safety, as determined by the chancellor or president; and 
   5. Employees whose compensation is derived 100% from restricted funds; however, in the case of a state budget impasse such employees may be subject to furlough. 
4. Employee benefits during a furlough will be affected as follows: 
   1. Holiday pay for benefit-eligible employees will not be reduced for a holiday immediately before or after a furlough day.
   2. Health care and life insurance benefits will not be reduced by a furlough. However, health and life insurance may be suspended in the case of an unpaid leave of absence of 30 days or more resulting from a state budget impasse. 
   3. Pay deductions authorized by an employee will not be reduced during a furlough, though voluntary deductions may be altered. The employee remains responsible for making all employee contributions during a furlough period, including health coverage. In the case of a state budget impasse resulting in an unpaid leave of absence, the university may but is not required to withhold unpaid deductions or contributions from pay when the furlough ends. 
   4. Retirement contributions by both the employee and the university will be reduced by a furlough. Service credit may also be reduced. 
5. A furlough plan for unit(s) affected by a budgetary shortfall will be implemented upon recommendation of the chancellor and the vice president for finance and administration, and approval of the president. During a state budget impasse, the president may implement a furlough plan in consultation with the chancellors. 
   1. The statewide office of human resources will distribute the president’s approval of a furlough plan to the regional human resources office and staff governance. The regional human resources office will provide notice to affected employees at least sixty (60) days prior to implementation. The furlough plan will specify the amount or percentage of furlough time and the applicable time period. Advance notice will be reduced to 30 days in the event of a state budget impasse. 
   2. After a furlough plan has been implemented, the president may establish a review committee to examine ongoing need and efficacy on a quarterly basis. 
   3. The president may reduce or cancel a furlough plan at any time. 
6. Upon notice of a furlough plan, supervisors may schedule furlough days, in consultation with the employee, subject to the operational needs of the department. Furlough schedules shall be approved by the department dean/director and the regional human resources office. In the case of a state budget impasse processes will be adjusted as appropriate and consultation will not be required. 
7. Furlough days shall be taken on days that the employee would normally be scheduled to work. Employees may not be directed or permitted to work on furlough days or to work more than 40 hours in the work week in which a furlough day is taken. No employee may use paid leave to offset all or any portion of a furlough. 
8. Furlough provisions for employees under collective bargaining agreements will be clarified through memoranda of agreement with each bargaining unit. 
9. The chief human resources officer or designee will review any appeals from employees claiming extreme financial hardship under a furlough plan other than a plan during a state budget impasse.
10. The provisions of this section apply only to employee furlough and are not applicable to layoff or any other type of termination of university employment.

(04-14-17)

R04.07.120. Exit Interviews.

Upon notification of the termination of the employment relationship, the department must inform the regional personnel office as soon as practicable. The employee is responsible for arranging the exit interview appointment prior to his/her termination date. In the event the employee is unavailable, appropriate information will be mailed to the employee's last known address. Documentation of the information mailed must be recorded in the employee's official personnel file.

The exit interview must, at minimum, contain information pertinent to COBRA, the employee's retirement and pension programs, and other relevant personnel programs. The Statewide Office of Human Resources will provide a list of topics which must be covered in the exit interview. Regional personnel offices and departments will augment the list with additional information relevant to individual campus and department processes and procedures.

(06-20-97)