OA Employment Procedures: Implemented Changes

In close consultation with the OA Employment Advisory Group, Human Resources implemented the changes to the following procedures:

 

Grievance Procedures

Section II. GRIEVABLE ISSUES

Previous Version:

An OA can file a grievance related to (1) an adverse employment action, including but not limited to discipline and involuntary  separation; (2) university action or inaction that is  negatively impacting the OA’s work environment; or (3) any allegation that he or she has been or is being adversely affected by an improper application or interpretation of a rule, regulation,  policy, or procedure that is not
specifically excluded below. 

Implemented Change:

An OA can file a grievance related to (1) an adverse employment action, including but not limited to discipline and involuntary separation; (2) university action or inaction that is  negatively impacting the OA’s work environment; or (3) any allegation that he or she has been or is being adversely affected by an improper application or interpretation of a rule, regulation,  policy, or procedure that is not specifically excluded below. To the extent that an action is taken in accordance with university policies, procedures, or guidance (such as unit-level and HR), a grievance will generally not be sustained.


Time Off Procedures

Section III. VACATION TIME, Part E. CONDITIONS

Previous Version:

OAs cannot borrow vacation time nor transfer vacation time to another employee. Unused vacation time can only be paid upon separation from employment or transfer to a position not eligible for vacation time. Unused vacation time cannot be transferred to a vacation-ineligible position.  The maximum number of hours that will be paid out is 180.

Implemented Change:

OAs cannot borrow vacation time nor transfer vacation time to another employee. Unused vacation time can only be paid upon separation from employment or transfer to a position not eligible for vacation time. Unused vacation time cannot be transferred to a vacation-ineligible position.  The maximum number of hours that will be paid out is 180. A new OA who is transferring from another Oregon public university may transfer up to 80 hours of vacation time to his or her new position.

 Section IV SICK TIME, Part G. UNEARNED SICK LEAVE ADVANCE

Previous Version:

The purpose of this section is to provide salary continuance for up to 90 calendar days of absence due to an OA’s FMLA/OFLA-covered illness through a combination of short-term disability and both accrued and advanced sick leave. Each sick leave eligible, full-time OA is entitled to receive a sick-leave-with-pay advance, after exhaustion of short-term disability benefits, as needed to provide the difference between sick leave earned as of the onset of the illness or injury and a prorate of 520 hours; part-time staff are eligible to receive a sick-leave-with-pay advance proportional to FTE to provide the difference between sick leave earned as of the onset of the illness or injury and a prorate of 520 hours. As sick leave is earned, the amount shall replace any sick leave advanced until all advanced time is replaced with earned time. Once an OA has been advanced the maximum amount of unearned sick leave, prorated by FTE, they shall not be eligible to be advanced additional sick leave until the full amount has been repaid. No more than a 520-hour sick leave advance is available during a seven-year period that begins with the first sick leave advance. More than one sick leave advance is possible as long as the total advance does not exceed 520 hours during a seven-year period. Sick leave that may have been advanced, but unused, cannot be considered for the purposes of computing retirement benefits. OAs in temporary or intermittent positions cannot receive an advance that extends beyond the end date of their appointment except upon written approval of the President or designee.

Implemented Change:

The purpose of this section is to provide salary continuance for up to 90 calendar days of absence due to an OA’s FMLA/OFLA-covered illness through a combination of short-term disability and both accrued and advanced sick leave. Each sick leave eligible, full-time OA is entitled to receive a sick-leave-with-pay advance, after exhaustion of short-term disability benefits, as needed to provide the difference between sick leave earned as of the onset of the illness or injury and a prorate of 520 hours; part-time staff are eligible to receive a sick-leave-with-pay advance proportional to FTE to provide the difference between sick leave earned as of the onset of the illness or injury and a prorate of 520 hours. OAs who are in their probationary period are eligible to receive up to 80 hours of a sick-leave-with-pay advance. As sick leave is earned, the amount shall replace any sick leave advanced until all advanced time is replaced with earned time. Once an OA has been advanced the maximum amount of unearned sick leave, prorated by FTE, they shall not be eligible to be advanced additional sick leave until the full amount has been repaid. No more than a 520-hour sick leave advance is available during a seven-year period that begins with the first sick leave advance. More than one sick leave advance is possible as long as the total advance does not exceed 520 hours during a seven-year period. Sick leave that may have been advanced, but unused, cannot be considered for the purposes of computing retirement benefits. OAs in temporary or intermittent positions cannot receive an advance that extends beyond the end date of their appointment except upon written approval of the President or designee. Units must contact the HR Leaves Coordinator to determine an OA’s eligibility for unearned sick leave advance.

Section VIII. ADMINISTRATIVE LEAVE

Previous Version:

Pending a university investigation regarding a violation of university policy or state or federal law, the university has the discretion to place an OA on administrative leave, with pay.  OAs on administrative leave may be restricted from using university property or e‐mail. Compensation for administrative leave with pay will be equal to the OA’s base rate of pay.  Administrative leave is not disciplinary in nature.  The university may, when it deems appropriate, take steps short of a full administrative leave during an investigation including, but not limited to, relocations of workspace, restrictions on access to files or systems, or no contact orders.

Implemented Change:

Remove the Administrative Leave section from the Time Off procedure and include it in the Corrective Discipline procedures.


Corrective Discipline Procedures

Section III. ADMINISTRATIVE LEAVE

Previous Version:

The university may place an OA on administrative leave with pay and impose other conditions that do not involve the loss of compensation while the university conducts an investigation or considers the imposition of discipline.

Implemented Changes:

In anticipation of a university investigation regarding a violation of university policy or state or federal law, the university has the discretion to place an OA on administrative leave, with pay.  OAs on administrative leave may be restricted from using university property or email.  Compensation for administrative leave with pay will be equal to the OA’s base rate of pay.   

Administrative leave is not disciplinary in nature.  The university may, when it deems appropriate, take steps short of a full administrative leave during an investigation including, but not limited to, relocations of workspace, restrictions on access to files or systems, or no-contact orders.  Units must consult with HR’s ELR Team before putting an OA on administrative leave.  If it is not possible to consult with ELR (due to night shift, etc.) the OA’s supervisor and/or chain of command may decide to place an OA on administrative leave for up to 1 working day if the OA’s presence in the workplace compromises their own or others’ safety, or compromises the security of information or resources.  In such a situation, HR must be contacted as soon as possible the next business day.