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2.18 Separations

Revised October 1, 2009
Changes indicated in red font.

Staff covered by this policy
This policy applies to Service Maintenance Employees at South Bend.

A. Termination with notice

1. Employment may be terminated by either the employee or department head. Employees are expected to give an advance notice of two weeks when leaving the University. The University shall give the same notice when an employee is terminated for poor work performance or excessive absenteeism except that during the initial probationary period a one-week minimum notice shall be required on the part of the University or the employee. An employee entitled to terminal vacation may be required to take such terminal vacation during the notice period.
   1. When contemplating a termination with notice, the supervisory person taking the action should consult with the Human Resources Department concerning remedial or corrective measures.
   2. Employees who are terminated with notice are entitled to receive in writing the reasons for such termination. Written responses must be cleared with the Director of Human Resources before distribution.

B. Immediate suspension pending discharge

1. An employee may be suspended without advance notice and without pay subject to discharge without further notice at the end of five workdays of suspension for just cause.
2. The administrative authority making the suspension shall confirm the suspension, including reasons therefore, at the request of the employee within the first eight hours of normal scheduled work time immediately following the suspension. The requested written notice and explanation shall be available to the employee by the end of the second working day (Saturdays and Sundays excluded) following suspension and shall bear the approval of the Department Head or representative.
3. The suspended employee and/or designated representative may appeal directly to Settlement Stage II or III of the problem-grievance procedure within 10 working days of the incident which gave rise to the suspension. If the originating party is not satisfied with the decision, s/he shall be entitled to appeal the suspension and the discharge through Settlement Stage IV.
4. In cases of immediate suspension pending discharge, the supervisor should consult with the Human Resources Department as soon as possible concerning the suspension.

C. Conditions for terminal extension of health care coverage

1. Refer to the Health and Dental Care Coverage policy for information concerning continuation of medical and dental care plans.

D. Processing separations

1. A separation notice within HRMS shall be initiated by the department head when the date of separation is determined.
2. The last day on the job shall be reported as the effective date of the separation; except in the following circumstances. In these cases, the effective date of separation is the day after the end of these events:
   1. an upaid leave of absence for any reason
   2. Family and Medical Leave of Absence with or without pay
   3. an injury-on-the job absence
   4. use of income protection time
   5. removal from work with or without pay, pending a decision to separate for just cause and subsequently separated
   6. requirement to use vacation time during the notice period
3. If an employee dies, the effective date of separation is the day after the death, whether the employee was working, using paid-time-off benefits, on leave, or absent without pay on the day of death.
4. Eligible separation payment should be indicated by showing total time entitled for payment under the eligible separation pay provisions of the Separation Pay policy.
5. A permanent forwarding address should be obtained.
6. Final payment, when the date of separation occurs other than at the end of the regular pay period, will be made on the next regular payday for the employee following the separation date, except that:
   1. Employees who have been suspended or discharged with notice, or separated due to reduction in force, shall have unpaid wages or compensation become due immediately and are entitled to be paid within 24 hours of the time of separation upon request of the employee. A special voucher must be sent to Payroll Office for this purpose and the employee will be instructed to pick up the check at the Payroll Office.

7. The employee should be instructed to contact University Human Resource Services concerning the status of benefit and retirement programs.
8. The supervisor should ascertain that all University property, e.g., keys, uniforms, tools, records, books, etc., in the custody of the employee to be separated, are properly accounted for.

E. Disciplinary actions

Disciplinary actions which are over one year old will be removed from an employee's personnel file before the file is sent out to a department which has requested it for the promotion and/or transfer.