XII. Separation Process for EPA Staff

Separation from employment at the University by a member of the faculty or EPA staff may result from expiration of a term appointment, resignation, retirement, non-reappointment or discontinuation, discharge, termination, or death. The procedures involved in the separation process are generally the same for the various types of separation. Policies and procedures specific to each type of separation follow the section on general procedures presented below.

A. General Procedures for Separation from Employment by EPA Staff.

1. Written Notice. The process for separation from employment by EPA staff begins with receipt of written notice of the separation. This is expected to be provided by the departing employee in cases of resignation or retirement and is provided by an appropriate University administrator for separation resulting from expiration of a term appointment, non-reappointment or discontinuation, discharge, or termination. If written notice of resignation or retirement is not provided by the employee, the Unit Head/Division Designee writes a letter to the employee acknowledging the decision to resign or retire as of a specific date and this initiates the separation process.

2. "Notice of Separation" PD-7. The "notice of separation" section of a PD-7 must be completed and submitted to remove the employee from the payroll. This should be done as soon as possible, but at least two weeks before an employee is to be removed from the payroll due to resignation and at least 30 days before an employee is to be removed from the payroll because of expiration of a term appointment, non-reappointment, or discontinuation.

3. Exit Interview with Benefits Office. Each department employee must have an exit interview with the Benefits Office. Letters to departing employees acknowledging or providing notice of separation should include a referral to the Benefits Office. "It is important that you make an appointment to meet with a representative of the Benefits office to discuss the effect of your departure on your employee benefits program."

4. Check-out Procedures. Following are items to be addressed by EPA staff and their Unit Heads during the separation process: (See also the Checklist for Separation from Employment.)

• Conduct exit interview with Benefits Office
• Return University property, including but not limited to keys (building, office, laboratory, library carrel, gym locker), equipment, library materials, identification card or "one-card"
• Turn in parking decal and gate key
• Close e-mail account
• Provide instructions for forwarding mail, e-mail, and telephone messages
• Remove message from voice mail system
• Remove personal name plate from office
• Inventory office and laboratory furnishings and equipment
• Remove personal computer files

Procedures Applicable to Specific Forms of Separation

B. Expiration of Term Appointments

EPA Staff. The term of employment of an EPA staff member established to be for a stated definite term expires automatically at the conclusion of the stated term. The staff member appointed for a term of more than one year must be given prior written notice if the employer intends not to renew or extend the term contract beyond that stated definite term. Notice of 60 days is required for a term of more than one year but less than four years, and notice of 90 days is required for a term or four years or more. (See Policy Statement #64 Personnel Policies for Designated Employment Exempt from the State Personnel Act.) Even though the appointment PD-7 may have a "remove from payroll" date, the Payroll Office requires a "Notice of Separation" PD-7 indicating "term expired" to remove the staff member from the payroll. This PD-7 should be sent to the Vice Chancellor as soon as possible, but no later than 30 days before the employee is to be removed from payroll. When it is received, the Vice Chancellor will forward the PD-7 to the Payroll Office and write a letter to the staff member acknowledging his or her service to the University and making the referral to the Benefits Office.

C. Resignation

EPA staff who decides to resign from employment at UNC Charlotte has the obligation to give timely written notice of the decision to resign, with its effective date, to his or her immediate supervisor. The supervisor immediately will accept the resignation in writing and forward the original letter of resignation and a copy of the acceptance to the Dean or Division Designee. That designee submits to the Vice Chancellor the letter of resignation and the acceptance with a "notice of separation" PD-7 indicating "resignation" as the reason for removal from the payroll. If the employee has not submitted a letter of resignation (with resignation date), the Dean/Division Designee should write a letter to the employee accepting the resignation as of a specific date and provide a copy with the "notice of separation" PD-7 to the Vice Chancellor. Upon receipt of these documents, the Vice Chancellor will forward the PD-7 to the Payroll Office and send a letter to the employee accepting the resignation and making the referral to the Benefits Office.

D. Retirement

EPA staff who decides to retire from employment at UNC Charlotte has the obligation to give timely written notice of the decision to retire, with its effective date, to his or her immediate supervisor. The supervisor will acknowledge the retirement in writing and forward the original notice of retirement and a copy of the acknowledgment to the Dean/Division Designee, who is responsible for submitting the notice of retirement and the acknowledgment with a "notice of separation" PD-7 indicating "retirement" to the Vice Chancellor. If there is no letter of retirement (with retirement date), the Dean/Division Designee should write a letter to the employee acknowledging the retirement as of a specific date and provide a copy with the "notice of separation" PD-7 to the Vice Chancellor. Upon receipt of these documents, the Vice Chancellor will forward the PD-7 to the Payroll Office and send a letter expressing appreciation for the employee’s service to the University and making the referral to the Benefits office. See PIM #10: Submission of Applications.

E. Nonreappointment or Discontinuation

Discontinuation of EPA Staff on "At Will" Appointments. The employment of an EPA staff member on an "at will" appointment is subject to discontinuation at any time at the discretion of the Chancellor, so long as appropriate advance timely notice of discontinuation is provided: (1) not less than 30 calendar days during the first year of service; (2) not less than 60 calendar days during the second and third years of service; and (3) not less than 90 calendar days during the fourth and all subsequent years of continuous service. (See Policy Statement #64 Personnel Policies for Designated Employment Exempt from the State Personnel Act.) The Dean/Division Designee should forward to the Vice Chancellor a copy of the notice of discontinuation with the "notice of separation" PD-7 citing "discontinuation" as the reason for removal from the payroll accompanied by Affirmative Action Memorandum (Form AA-27) at least 30 days before the EPA staff member is to be removed from the payroll. The Vice Chancellor, with the Chancellor’s approval, will issue the notice of discontinuation, make the referral to the Benefits Office, and submit the PD-7 to the Payroll office. The Vice Chancellor will forward to the Office of Academic Affairs a copy of the notice of discontinuation and the PD-7 for inclusion in the Chancellor’s personnel file for the staff member.

F. Discharge

Discharge of an EPA Staff Member. The procedures for discharge of an EPA staff member for stated cause such as incompetence, unsatisfactory performance, neglect of duty or misconduct are specified in Section III. D of Policy Statement #64 Personnel Policies for Designated Employment Exempt from the State Personnel Act. To complete the separation process for a discharged EPA staff member, the Dean/Division Designee prepares a "notice of separation" PD-7 citing "discharge" as the reason for removal from the payroll and forwards it with Affirmative Action Memorandum (Form AA-27) to the Vice Chancellor’s Office. The Vice Chancellor will issue the notice of discharge and make the referral to the Benefits office and forward the PD-7 to the Payroll Office. The Vice Chancellor’s Office will forward a copy of the notice of discharge and the PD-7 to the Office of Academic Affairs for inclusion in the Chancellor’s personnel file for the staff member.

G. Termination Due to Abolishment of Position

Guidelines  

EPA Non-Faculty (Staff) are subject to UNC Charlotte Policy #64, including Attachment A which is UNC Board of Governor’s Policy 300.2.1. The following is an explanation of this policy and how it would be applied in the case of an abolishment of position which results in an EPA termination.

An abolishment of position (AoP) is an action taken to downsize a University unit or department workforce and may become necessary due to shortage of funds or work or other material change in duties or organization. An AoP may also occur due to financial exigency. An AoP action which results in an EPA termination should not be taken until other available alternatives have been considered and found to be insufficient.

Covered Employees:
This AoP procedure applies to EPA Non-Faculty (Staff), who are employed within a position that is established by an appointment agreement that indicates the term of employment as an “at will” position subject to discontinuation at any time at the discretion of the chancellor (Policy 300.2.1, Section III.A.). In the case of financial exigency or major curtailment or elimination of a program, fixed term positions may also be terminated prior to expiration of the stated term (Policy 300.2.1, Section III.C.).

Before Notification:
Any recommendation of an AoP which results in an EPA termination must be submitted to the Associate Provost (AP) for Budget and Personnel for review. A written plan (AoP Justification Form) should be submitted indicating the position number, position title, name of employees to be separated, salary, and an analysis of the net budget savings (savings minus costs of termination). A justification should also be included based on a comparative analysis used in determining both the position within the unit to be abolished and the person/persons to be terminated.

Identifying Boundaries:
The boundaries for conducting a comparative analysis of which positions are subject to a AoP termination will be at the lowest department, office, or unit as specified in the most recent university organization chart as is reasonably possible, as determined by the university in its sole discretion.

Analysis to Determine Position to be Abolished:
In determining which positions should be abolished, a thorough evaluation of the relative value and need for particular positions in the unit must occur in order to assure the University can provide the highest level of service possible with a reduced workforce.

Analysis to Determine Person/Persons to be Terminated:
After a determination of which position(s) should be eliminated, the department should conduct a comparative analysis of the employees who are in those positions and who are capable of performing the essential elements of the job for those positions. A comparative analysis should be completed to determine which employee should be terminated based on the following factors: years of service, performance reviews, and disciplinary actions. The Associate Provost (AP) for Budget and Personnel should be consulted to help with this analysis and will review the AoP Justification Form to make sure all areas have been considered. If approved, the AP will submit the AoP Justification Form to the Chancellor for approval.

Employee Notification:
If the submitted AoP Justification Form is approved by the Chancellor, the AP will send an Employee Notification Template to the appropriate vice chancellor, dean, department head or director to be used for the written notice to the terminated employee. This letter must contain the following information:

• The effective date of the separation from employment (at least 30 calendar days following notification date or more depending on employee’s years of service) OR amount of severance pay at 30/60/90 days depending on years of service (see below). It is the supervisor’s decision, with guidance from the AoP, as to whether the employee is provided notification or severance pay.

• Information regarding the employee’s personal health benefits and whether these benefits will be continued by the state pursuant to Board of Governors Regulation 300.2.1 [R].

• Direction to contact the HR Benefits office to obtain necessary information on benefits options.

• Notification of the payout of accumulated bonus and vacation leave in the pay period following the separation date, unless another position is accepted and leave balances are transferred as appropriate. Notification that accumulated sick leave at the time of separation is reported for reinstatement if reemployment with the State occurs within five years.

To complete the separation process for an EPA staff member whose employment is terminated, the Dean/Division Designee prepares a "notice of separation" PD-7 citing "termination for financial exigency" or "termination for program curtailment (or elimination)" as the reason for removal from the payroll and forwards it with Affirmative Action Memorandum (Form AA-27) to the Vice Chancellor’s Office. The Vice Chancellor issues the notice of termination, makes the referral to the Benefits Office, and forwards the PD-7 to the Payroll Office. The Vice Chancellor’s Office forwards a copy of the notice of termination and the PD-7 to the Office of Academic Affairs for inclusion in the Chancellor’s personnel file for the staff member.

H. Death

The death of a University employee requires responses from a number of university offices to assure that the deceased employee's interests and those of family and loved ones are respected and protected.

Any person in the University who learns of the death of a University employee should contact the Associate Provost for Academic Budget and Personnel immediately. Upon receipt of such notification, the following steps will be taken.

1. The head of the employee's department/unit will be notified.

2. The Payroll Office will be notified. The office of Academic Budget and Personnel will prepare a PD7. The "separation date" and "remove from payroll date" should be the same: normally, the date of death.

3. If the employee was not a U.S. citizen or permanent resident, the office of International Students and Scholars will be notified.

4. The office of Public Relations will be notified.

5. The Benefits Office will be contacted.

6. The University's insurance office (x72138) will be notified if the death occurred during a period of travel on University business. Campus Police may also be contacted for assistance in obtaining accident reports from other law enforcement agencies.

The Unit Head’s Office secures the office/laboratory of the deceased until arrangements can be made for the family or other representatives to collect the personal property of the deceased.