VII-1.22 - POLICY ON SEPARATION FOR REGULAR EXEMPT EMPLOYEES
Approved by the Board of Regents on December 3, 1999, EFFECTIVE
January 2 and January 12, 2000)
I. PURPOSE AND APPLICABILITY
A. The purpose of this policy is to establish separation
procedures for regular Exempt USM employees.
B. EXCEPTION: Regular USM employees in the following
Exempt positions are excluded specifically from
sections III and IV of this policy:
1. Officers: Vice Chancellors, Vice Presidents,
Provosts and Academic Deans.
2. Associate and Assistant Vice Chancellors,
Associate and Assistant Vice Presidents,
Associate and Assistant Provosts, Associate
and Assistant Academic Deans.
3. Subject to approval of the Chancellor, the Chief
Executive Officer (CEO) may designate other key
executive positions for this exemption. Appointees
to such positions shall be notified of such
designation at the time of appointment.
(*Refer to implementation policy of the Exempt Pay
Program for treatment of current incumbents.)
Employment for regular USM employees in exempt positions is
on an at-will basis. This means that, subject to applicable
laws and policies, the employment relationship may be
terminated at any time by either the employee or the
University, consistent with Section III of this policy.
III. PERIOD OF NOTICE
A.Employee Period of Notice - An employee who wishes to
end his or her employment with the University should
give at least 30 calendar days written notice.
B.Institution Period of Notice - An employee may be
involuntarily separated and shall be provided with a
defined period of notice. Service for determining length
of notice period is based on institutional service rather
than USM service, and shall include prior institutional
service provided there were no breaks in service longer
than three years. An Exempt employee at one USM
institution who is offered an Exempt position at another
USM institution may, at the discretion of the offering
institution, be credited with prior USM service for
purposes of calculating the required period of notice
upon separation. Any such decision to credit prior
service at another USM institution shall be noted in
the employee's personnel file at the time of appointment
and become effective after satisfactory completion
of the probation period. The period of notice shall be
Years of Institutional Service Period of Notice
Less than one year One month
One year but less than four years Three months
Four years but less than seven years Six months
Seven years but less than ten years Nine months
Ten years or more Twelve months
C. At the option of the institution Chief Executive Officer
(CEO) or designee, an employee who has been notified of
a period of notice separation, may be placed in an
administrative leave with pay status for any part or
all of the period of notice. In this case, the employee
shall not earn other paid leave (annual, sick, holiday
personal) during the period of administrative leave.
Alternatively, the institution CEO or designee may
assign alternate duties and responsibilities to an
employee who has been notified of a period of notice
separation for any part or all of the period of notice.
D. Exception to Notice Requirement - With the approval of
the institution CEO or designee, the period of notice
defined in III.B. above is not required if the employee
is to be terminated for any of the following reasons:
moral turpitude, incompetency, willful neglect of duty,
illegal actions, gross misconduct, severe safety
violations, failure to accept reassignment, or medical
condition causing inability to perform essential job
duties with reasonable accommodations required by law.
E. Failure to provide notice as set forth in this section
may be grieved.
IV. PROBATION AND REJECTION ON PROBATION
A. Each USM employee who voluntarily applies for and
accepts an Exempt position is in a probationary status
during the first year of appointment to that exempt
position. A new hire into an Exempt position shall serve
a one year probationary period. Employees shall earn
and be able to use sick, annual, personal and holiday
leave during the probation period.
B. If an incumbent has completed a probationary period for
a Nonexempt position and the position is changed to
Exempt, the incumbent will be considered to have completed
the probationary period for the Exempt staff position.
C. If an incumbent is serving a probationary period for a
Nonexemt position and the position is changed to Exempt,
the incumbent will be required to serve the balance
of a probationary period to equal one year.
D. If an incumbent has completed at least one year in a
faculty position and the position is changed to the
Exempt category, the incumbent will be considered
to have completed the probationary period for the
Exempt position. If an incumbent has completed less
than one year in a faculty position and the position is
changed to the Exempt category, the incumbent will be
required to serve the balance of a probationary period
to equal one year.
E. During the probationary period, the responsible
administrator may, at his/her discretion, reject an
employee. The employee to be rejected shall be given
at least a 30 calendar days written notice of the
rejection or, at the discretion of the responsible
administrator, shall be placed on administrative leave
as described in section III.C. The notice is to be
provided to the employee no later than 30 calendar days
prior to the expiration of the probation period.
The notification period requirement does not apply if
the rejection is the result of a breach of discipline
or of such gross incompetence as to jeopardize essential
services. An employee may grieve the rejection on
probation for the purpose of showing that the rejection
is procedurally deficient or in violation of law.
Each Chief Executive Officer or designee shall develop
procedures as necessary to implement this policy and
shall forward a copy of such procedures to the Chancellor.
All actions taken under this policy and institutional
procedures shall be reviewed by the institution's
Director of Human Resources/Personnel in advance of the
action being taken.
UM Personnel Policies and Rules for Associate Staff,
G. Probation, Reassignment, Requirements of Notice,
and Layoff, 1. Probation and Rejections on Probation,
p. 12 and 13, Requirements of Notice, p. 13, June 1989.
Laws Relating to and Governing Policies and Procedures
of the Board of Trustees of the State Universities and
Colleges of Maryland, Jan. 1977, Section VI.
Administrative Officers, C. Appointment, Page VI-1.
USM Policy on Librarians, VII-2.15, Permanent Status,
October 6, 1995 Additionally, this policy supersedes,
in whole or in part, any policy(ies) and/or procedure(s)
established by the Regents, Trustees, Presidents, or
their designees, of the former institutions of the
University of Maryland, and of the former State
Universities and Colleges, and of the Regents of the
University System of Maryland that are in conflict
with this policy's purpose, applicability, or intent,
that may have been overlooked and not included as a
specific citation under "Replacement For.