Employment

Complete Employee Policy Manual


AFFIRMATIVE ACTION

APPOINTMENTS

1.0 The Board delegates authority for appointment of other professional staff and the office and service staff to the President or the Chancellors or their authorized representatives, as appropriate.
2.0 Appointments to all managerial-professional positions shall be “special appointments”.
3.0 All offers of employment for Special Appointments shall be in writing and signed by the respective President, Chancellor, or authorized representative. Written documents shall be provided to the appointee specifying:
  • if the appointment is a “special appointment” as defined by BOR Bylaw 4.4.1 ,
  • that the appointment is to a regular or temporary position which shall be worked on a full-time or part-time basis.
  • the duties and responsibilities of the appointee.
  • the appointee's compensation, fringe benefits, and, where applicable, the termination date of the appointment.
4.0 Appointments shall be made to either regular or temporary positions.
5.0 Appointments made to regular or temporary positions shall be on a full-time or part-time basis. Full-time appointments shall require the appointee to be scheduled to work at least 2,080 hours per year. Part-time appointments shall require the appointee to be scheduled to work a specified amount of time that is at a rate less than 2,080 hours per year.
6.0 For the special purpose of determining eligibility to participate in the University-wide insured benefits program, an appointee shall be appointed to work for a period of at least six (6) consecutive months at a rate greater than or equal to 0.5 full-time equivalent.

CERTIFICATION OF APPLICANT INFORMATION

1.0 The University of Nebraska shall apply the following standards to applicants for University of Nebraska employment.
1.1 Applicants for University of Nebraska employment will be required to certify the information reflected in their application to be true to the best of their knowledge and belief. Any misrepresentation by an applicant/ employee may result in revocation of a University job offer or discharge, if hired, regardless of when discovered. In the case of an on-line application, a check box serves as an electronic signature and evidence of certification.
2.0 Notice of changes
2.1 Applicants will be required to acknowledge that they will report to the University HR Office (in writing) any occurrences or events taking place after their application with the University, which may render inaccurate, untrue, or incomplete any statement made in their application.
3.0 Employment at Will
3.1 Unless otherwise expressly stated in a written appointment to a position or in a written contract of employment duly approved and executed by the University, all non-faculty employees are considered employees at will, and either the University or the employee may terminate the employment relationship upon giving the proper advance notice.
4.0 Permission to investigate information
4.1 In the certification process, an applicant also grants permission to the University of Nebraska to investigate employment records, educational records, criminal records, and other records to verify the information provided in their application. The application process requires each applicant to release the University, its agents and persons contacted from any liability resulting from such investigation.

CRIMINAL HISTORY/ BACKGROUND CHECKS (APPLICANT DISCLOSURE)

1.0 The University of Nebraska shall apply the following standards to applicants for University of Nebraska employment.
1.1 Applicants must disclose if they have been convicted of or have plead guilty to a felony, or a misdemeanor; or if they are subject to a court order restraining them from contacting, harassing, stalking, or threatening another person or child of such other person or engaging in other conduct that would place another person in reasonable fear of bodily injury.
1.2 Some positions, due to the nature of the job responsibilities, may require the disclosure of additional information relevant to the job duties of the position; however, such requirements will be handled on a job by job basis.
2.0 Required information
2.1 For situations in which a criminal history is disclosed, the applicant will be required to identify the date of conviction or order, type of conviction or order, and jurisdiction where the conviction or order occurred.
3.0 Terminology
3.1 Convicted means a finding of guilt of a criminal offense either as a result of a criminal trial, acceptance of a plea of guilty or no contest (nolo contrendre). Convictions which have been the subject of a pardon, annulment, or other equivalent procedure based on innocence, and juvenile adjudications will not be considered for purposes of disqualifying an applicant. Convictions or orders subject to a pending appeal may be considered; additional information about the appeal may be needed in order to complete the evaluation of the application.
3.2 Felony means a criminal offense punishable by death or imprisonment for more than one year.
3.3 Misdemeanor means a criminal offense punishable by imprisonment of one year or less, and/ or monetary fine.
3.4 Court orders shall apply to orders that are issued after a hearing of which the applicant received actual notice, and at which the applicant had the opportunity to participate; and includes a finding that the applicant represents a credible threat to the physical safety of such other person or child; or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such other person or child that would reasonably be expected to cause bodily injury.
4.0 Exercising Employment Decisions
4.1 A conviction record is not an automatic bar to employment. The University will determine whether the information is relevant to the position sought depending on the totality of the circumstances.
4.2 Prospective employees who would need to hold an ordinary or commercial driver’s license, or who are child care workers, etc. may be expected to disclose additional information relevant to the job duties of the position for which they applied. These additional requirements may be specified by statute or regulation. See e.g., Neb. Rev. Stat. § 71-1912(1) (Cum. Supp. 2002) (staff and employees of child care providers may be subject to national criminal history record information check).
4.3 Major administrative units or sub-units may be permitted to adopt more stringent standards subject to legal review and approval by the Chancellor.
4.4 This policy does not enumerate criteria for making assessment of an applicant; the goal of this policy is to state that the University will require applicant disclosure and authorize the University to verify information.

EMPLOYMENT CATEGORIES

1.0 Employees shall be hired into one of the following employment categories such that the appropriate terms and conditions of employment may be determined. The employment categories listed below are represented in all NU Values Job Families and are assigned to one of the following Job Family Zones: Assistant, Associate, Specialist, or Senior.
1.2 Managerial-Professional staff shall include all personnel who are employed to perform duties and responsibilities that are general in scope and who possess the education, talent, skills, abilities, and professional license/certification such that the positions they occupy are considered by custom in business, industry, and other institutions of higher education as executive, administrative, or professional in nature. These positions generally fall in the Specialist and Senior Zones for each Job Family.
1.3 Office and Service staff shall include all personnel who are employed to perform work that by custom in business, industry, and other institutions of higher education is managed on an hourly basis, with such work compensated according to hours worked or earned, including clerical and office employees, technical/trades employees, general service workers, and other personnel paid on an hourly basis. These positions generally fall in the Assistant and Associate Zones for each Job Family.

EQUAL EMPLOYMENT OPPORTUNITY

1.0 The University of Nebraska is an Equal Opportunity employer in accordance with the provisions of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991 and Section 503 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1992, and all executive orders pertaining to equal opportunity in employment and the Nebraska State Statutes pertaining to employment discrimination.
2.0 The University forbids discrimination in employment against any applicant or employee on the basis of race, age 40 and above (with the exception of law enforcement officers who may be required to terminate employment at the age of 70), color, religion, sex, genetic information, national origin, employees sexual orientation, disability, political affiliation, marital or veterans status.
3.0 The University will take action to ensure applicants are employed and employees are treated during employment, without regard to these factors. Merit will be the criterion by which qualification for appointment, retention, or promotions are judged. Affirmative Action objectives will be pursued where Federal programs/funding requires such activities. Realistic labor force demographics will be considered for employment decisions.
4.0 Suspected violations of this policy shall be reported to the Equity and Diversity Office at each campus, the Campus Director of Human Resource, or to the University Administration Director of Human Resources.

E-VERIFY

REDUCTION IN FORCE

1.0 A reduction in force may be effected due to insufficient funds or program readjustment.
1.1 Affected employees may be laid off because of a general reduction in force or a reduction in force in any one functional area.
1.2 Unless otherwise specified in writing to the employee at the time of employment, employees being laid off shall be notified at least two (2) weeks prior to the date of release if classified within the Office and Service classification and at least ninety (90) days prior to the date of release if classified within the Managerial Professional classification.
2.0 The criteria for determining the order of laying off employees shall be based on the type of appointment held, quality and length of service, and other considerations determined by the appointing authority in order to provide for the most efficient operation of the functional area or areas affected.
3.0 Employees shall be reinstated from layoff in the functional area in the reverse order in which they were laid off.
3.1 If no positions of their previous classification are available, qualified employees shall be given the opportunity to be reinstated in an available position in a lower classification.
3.2 Employees declining reinstatement to a position in a lower classification shall be given the opportunity to be reinstated to a position of their previous classification as such positions become available
3.3 An employee shall be eligible for reinstatement for a period not less than three (3) months from the date of layoff. (i.e. 90 days recall rights)
3.4 Reductions in force are not deemed grievable.

TERMINATION OF EMPLOYMENT

1.0 Appointment to all managerial-professional positions will terminate in accordance with the time stated in the appointment to the position or in the written contract and, if no time is stated in the appointment to the position or in the written contract, the appointment may be terminated by either party giving the other at least ninety (90) days notice of the date of termination.
1.1 Such appointments may also be terminated by the University with less than ninety (90) days notice if such termination is for adequate cause, disability, bona fide discontinuance of a program or depart¬ment, or extraordinary circumstances because of financial exigencies.
1.2 Employees terminated with less than ninety (90) days notice shall have the right to due process.
2.0 Office and Service staff who voluntarily terminate their employment shall give at least two (2) weeks notice to the University. Longer notice is appreciated when the position requires supervisory or special skills. Office and Service employees terminated by the University shall be given two (2) weeks notice of termination unless the cause of termination is such that the employee cannot be permitted to remain on University premises.
3.0 For all separations that were not done for cause, it is recommended that an exit interview be conducted and duly recorded.

TRANSFER OF EMPLOYEES

1.0 Employees may be transferred within the same Job Family and Zone to positions on their current campus or to positions on another campus. Transfers may be made because of improvement in organizational effective¬ness, change of programs, creation of new programs, cancellation of programs, or for any other valid reason for the benefit of the University or the employee.
2.0 Employees transferring to positions in the same classification, Managerial Professional or Office and Service, shall retain earned benefits and shall continue to earn benefits for which they qualify according to amounts prescribed for the number of years of service that is computed as continuous service.
3.0 Employees transferring to positions in a different classification, Managerial Professional or Office and Service, shall earn benefits associated with that classification. (i.e.: An employee transferring from Office and Service to Managerial Professional will no longer be eligible for a supplemental payment equal to ¼ of their unused accrued sick leave upon retirement.)
4.0 Changes in salary shall be computed according to the policy on salary administration (NU Values).

VETERANS PREFERENCE

1.0. Introduction
1.1 The University of Nebraska shall apply the following standards to comply with the requirements set forth in the Revised Statutes of Nebraska, Sections 48-225 to 48-231, with respect to veterans seeking a preference in employment as provided in said sections.
1.2 The University of Nebraska does not select or qualify applicants for employment on the basis of an examination. Therefore, in order to apply the preference accorded to veterans in the University's selection evaluation process, as required by Neb. Rev. Stat. Section 48-226, the University will recognize the preference upon determining applicants who qualify for employment and who are "preference eligible" as defined in subsection (H) of Neb. Rev. Stat. Section 48-225 shall be entitled to employment over other persons of equal qualifications in the final selection process.
2.0 Exercising preference in employment
2.1 Upon receipt of an application for employment from a veteran seeking to exercise his or her veteran preference right, said individual must produces evidence that he/she is "preference eligible".
2.2 If an applicant for employment is a veteran who is "preference eligible" is selected as a finalist during the selection process and such preference eligible veteran is "equally qualified" with non-veteran finalist candidate, the preference eligible veteran shall receive preference in the selection decision. Equally qualified shall mean all factors considered in making the selection decision, including, but not limited to, employment reference checks, work history, knowledge, skills, abilities and training.
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