Non-Represented Employee Handbook - NMU Policies and Requirements

Non-Represented Employee Handbook

Human Resources, 906-227-2331, hr@nmu.edu

Purpose:

To provide polices, procedures and guidelines for NMU employees not covered by a collective bargaining agreement.

Applicability:

NMU employees who are not represented by a recognized bargaining unit.
 

CONTENTS

General Personnel Policy Statement

CHAPTER 1     CLASSES OF EMPLOYEES COVERED

CHAPTER 2     STANDARDS OF CONDUCT AND EMPLOYMENT RULES

CHAPTER 3     TYPES OF APPOINTMENTS 

CHAPTER 4     INTERIM APPOINTMENTS AND TEMPORARY ASSIGNMENTS

CHAPTER 5     EMPLOYEE EVALUATIONS

CHAPTER 6     PAY PRACTICES 

CHAPTER 7     POSITION REVIEW PROCEDURE

CHAPTER 8     BENEFITS

CHAPTER 9     OTHER LEAVES

CHAPTER 10    DISCIPLINE

CHAPTER 11    SEVERANCE OF EMPLOYMENT

CHAPTER 12    DISPUTE RESOLUTION

General Personnel Policy Statement

The policies in this manual cover employees who are not represented by a recognized bargaining unit.  This manual is not a contract, express or implied, guaranteeing employment for any specific duration.  Although we hope that your employment relationship with us will be long term, either you or Northern Michigan University may terminate this relationship at any time, for any reason, with or without cause or notice.  There is no supervisor, manager, or representative of NMU other than the President, or designee, that has the authority to enter into any agreement with you for employment for any specified period or to make any promises or commitments contrary to the foregoing.  Further, any employment agreement entered into by the President, or designee, shall not be enforceable unless it is in writing.

These policies adopted by the Board of Trustees of Northern Michigan University are not intended to be a complete statement of how the University is to be managed nor are they to be construed as the sole source of administrative authority with respect to employee matters. 

Northern Michigan University retains the right to change, modify, suspend, interpret or cancel in whole or in part any of the published or unpublished policies or practices of the University, without advance notice, in its sole discretion, without having to give cause or justification or consideration to any employee.

The Board hereby retains and reserves unto itself all powers, rights, and authority to manage, direct, and control the University and its programs, properties, facilities, and employees, including, but not limited to, and without limiting the generality of the foregoing, the rights to:

1. exercise full and exclusive control of the management of the University, the supervision of all operations, methods, processes, means, and personnel by which any and all work will be performed, the control of property and the composition, assignment, direction, and determination of the size and type of its working forces;
    
2. determine the work to be done and the standards to be met by employees; 
    
3. change or introduce new operations, methods, processes, means or facilities, and to determine whether and to what extent work shall be performed by employees;
    
4. hire all employees, establish and change work schedules, set hours of work, establish, eliminate, combine, or change classifications, prescribe and assign job duties, assign, transfer, promote, demote, release and layoff and recall employees, and to determine the qualifications and competency of employees to perform available work;
    
5. determine the qualifications and compensation and the conditions for the continued employment of employees, and to suspend, discipline and discharge employees;
    
6. efficiently and economically manage the affairs of the University, and to maintain an orderly and effective operation of the University, including determination of quantity and quality of service to be rendered, the control of materials, tools and equipment to be used, and the discontinuance of any program, services, material or method of operation.
    

This policy statement supersedes any and all prior policies, understandings, practices, customs or agreements by the Board of Trustees or the administration of the University with respect to any matter addressed by this statement.

The University intends compliance with all federal and state laws and regulations. Should there be any conflicts or omissions between this document and any federal/state laws and regulations, the relevant state/federal law shall govern.

CHAPTER 1    CLASSES OF EMPLOYEES COVERED

1.0  The policies in this handbook cover the following classes of employees who are not represented by a recognized bargaining agent (i.e., non-represented employees) with respect to wages, hours, and conditions of employment:

1.1  Executive Management

1.2  Senior Management

1.3  Senior Administrators

1.4  Coaches

1.5  Deans

1.6  Associate Deans

1.7  Academic Department Heads

CHAPTER 2     STANDARDS OF CONDUCT AND EMPLOYMENT RULES

2.0  Each employee of the University is appointed to fill a specific role which helps the University achieve its overall mission. It is important to know the scope of the position's authority, to accommodate reasonable directions from persons in authority, and to act professionally while serving the University's best interest.

2.1  In conducting business on behalf of the University, there are a number of policies that may require special attention throughout the course of one's employment. These policies are intended to provide rules governing personal conduct to promote orderly and efficient operations, as well as to provide a supportive environment for all employees. This list below is for illustration purposes; other types of conduct that may jeopardize the personal safety, security, or welfare of NMU or its employees may also be prohibited. Employees are responsible for familiarizing themselves with all relevant policies by accessing the NMU Policy and Resource Database. Questions regarding these policies should be directed to the employee’s manager or to the department owner of the policy:

• Acceptable Use
• Accepting or Granting Gratuities or Special Favors
• Conflict of Interest
• Consensual Relationship
• Drugfree Workplace Act
• Employee Use of University Resources
• Fraud Reporting
• Family Educational Rights and Privacy Act (FERPA)
• Non-Discrimination
• Purchase of Supplies, Materials, Services/Travel and Entertainment Expenses
• Relationship Violence, Sexual Misconduct, and Stalking 
• Scientific Misconduct
• Use of University’s Facilities and Equipment
• Workplace Violence

2.2  The University encourages each employee to keep abreast of the professional knowledge and skills in their respective field.

2.3  Attendance and Absenteeism. Employees are expected to report for work on time, on a regular basis. An employee is required to personally (except under emergency conditions, i.e., any condition which precludes communication with a reasonable amount of effort) notify the immediate supervisor of each unscheduled absence and the reason for the absence. When an employee notifies the employee's supervisor that the employee will be absent for a consecutive period of time, it is not necessary to contact the supervisor on each day of the absence. Whenever possible, notice should be given before the normal reporting time.

2.4  Criminal Acts. Conviction of any criminal or penal statute or enactment whose nature of the offense has a direct relationship with the employee's job functions, which impairs the creditability of an employee's position, or the employee's ability to perform the full range of assigned duties is prohibited and may subject the employee to immediate discharge.

2.5 Falsification of Records. Unauthorized alteration of information, deliberate misreporting of facts, and unauthorized deletion or destruction of any record maintained or issued by the University is prohibited. This rule applies regardless of the form in which such records are maintained or issued.

2.6 Inclement Weather. The University recognizes that under certain extreme weather conditions, employees cannot and should not attempt to report to work. This is a decision which must ultimately be made by each individual, regardless of the reason. In these instances, the employee is required to notify the employee's supervisor, or the person designated by the supervisor, that the employee will be absent due to adverse weather conditions. Employees who are absent from work due to weather conditions when their University department's operations have not been closed will have the time charged to annual or personal leave. 

2.6.1 When the University temporarily closes or curtails departmental operations for a short period of time, absences due to the closure or curtailment will not result in loss of pay.

2.6.2 Non-exempt employees required to report to work due to the nature of their responsibilities will be granted equivalent time off for time worked during an inclement weather closure. 

2.6.3 Employees who are on scheduled paid leave at the time of an inclement weather closure will be charged the applicable leave time. 

2.6.4 The University is not responsible for any unauthorized announcements made by the media. The NMU Police Department will be the official source which an employee can contact to determine when the University is closed due to inclement weather. The NMU Police Department webpage includes details of inclement weather actions, including the Inclement Weather Policy, which can also be found on NMU’s Policy and Resource Database at www.nmu.edu/policies. 

2.7 Workplace Injuries. All employees are required to report personal injuries occurring while on University business or while on University-owned, -used, or –controlled premises to the employee’s immediate supervisor as soon as possible. Supervisors are required to report all such injuries by completing the online Incident Report through MyNMU within twenty-four (24) hours. Refer to Chapter 8, Section 8.16 for Workers’ Compensation benefits.

2.8 Safety. All employees are expected to conduct themselves, while on University business, in a safety-conscious manner. Reporting hazards is required of each employee.

2.8.1 Fire Alarms. All employees are required to promptly leave the building by way of the nearest exit when fire alarms sound in any University facility.

2.8.2 Employee health and safety guidelines are outlined in the NMU Policy and Resource Database.

CHAPTER 3     TYPES OF APPOINTMENTS

3.0  Non-represented employees at the University will be appointed in one (1) of the following categories:

3.1  Probationary. Employees who are new to the University shall be considered probationary employees.  

3.1.1 The probationary period shall normally be for a period not to exceed six (6) calendar months from the time the employee begins work at the University.

3.1.2 Employees will receive on-the-job training during this time and should ask questions that help them better understand the job, University policies, procedures and the goals of the organization.

3.2 Term. Employees assigned to positions whose assignment is for a definite or determinable time (e.g., a semester) may be appointed in this category. There is no assurance of continued employment through or beyond the end date or terminating event (e.g., return of a regular employee from a leave, etc.) of the appointment. The University has sole discretion to continue or not to renew such an appointment.

3.2.1 Employment Agreements for positions funded by grants and/or contracts shall state the end date of the appointment. Departments must contact Human Resources to request a new Employment Agreement if the contract is renewed or the end date is extended.

3.2.2 Temporary positions for replacement of employees on leave, disability, or on other assignments shall state the anticipated end date of the appointment or the condition on which the appointment will terminate (e.g., the return of the regular incumbent to work).

3.3  Continuing. Employees in the Senior Management and Senior Administrator employee classes shall be appointed in this category upon successful completion of the probationary period. A continuing appointment is a limited assurance of ongoing employment at the University in the position in which the employee is assigned subject to dismissal for cause, layoffs, reorganizations, changes in program, economic reasons, or other similar reasons.

3.4  Year-to-Year. Employees assigned to the Executive Management and Coach class positions may be appointed in this category. Normally the appointment year will coincide with the fiscal year. There is no assurance of continued employment beyond the end of the current appointment year for employees appointed in this category, and may be terminated up through the end of the appointment year with or without cause for any reason, unless otherwise specified in their Employee Agreement. Employees may be discharged as provided in Chapter 10 during the period of their appointment.

CHAPTER 4     INTERIM APPOINTMENTS AND TEMPORARY ASSIGNMENTS

4.1 Definitions

4.1.1 Interim Appointment. An assignment to a position other than the one regularly held by an employee during a recruitment and selection period or during the time the regular incumbent is on a leave of absence.

4.1.2 Temporary Assignment. Giving of additional, not closely related, duties which are not ordinarily part of the responsibilities assigned to an employee's position for a stated period of time exceeding four (4) weeks.

4.2 Compensation

4.2.1 Employees given interim appointments to positions in a higher salary grade will be compensated at the minimum of the salary range for the position to which the employee is appointed or at a rate of ten percent (10%) higher than the rate they were earning prior to the appointment, whichever is higher. An increased rate of compensation will continue for the duration of the appointment. The employee will revert to the former rate of pay earned at the conclusion of the interim appointment plus any inflationary, equity, and/or merit adjustments that would have been made during the period of the interim appointment. The President must approve any exceptions to this policy.

4.2.2 Employees given temporary assignments for a period exceeding four (4) weeks will receive a wage increase of not more than ten percent (10%) for the period beginning with the fifth week through the conclusion of the temporary assignment. The employee will revert to the former rate of pay earned at the conclusion of the temporary assignment plus any inflationary, equity, and/or merit adjustments that would have been made during the period of the temporary assignment. The President must approve any exceptions to this policy.

CHAPTER 5     EMPLOYEE EVALUATIONS

5.1 Evaluation Periods

5.1.1 Newly hired employees shall be evaluated at least once before the end of the probationary period. These evaluations are due no later than fifteen (15) calendar days before the end of the probationary period.

5.1.2 All non-probationary employees are to be formally evaluated at least once during each fiscal year (July 1 to June 30). These evaluations are to be completed no later than July 31 of each year. Evaluations of employees who report directly to the President of the University shall be maintained in the President's Office.

5.1.3 Other evaluation periods may be used with the approval of the Head of Human Resources, or designee.

5.1.4 Employees in an interim appointment or who have received temporary assignments shall be evaluated.

5.1.4.1 Employees who receive an overall evaluation for a period covering an interim appointment or a temporary assignment and which indicates the employee requires improvement or is less than satisfactory may be afforded the opportunity to return to their regular position or to terminate the temporary assignment as soon as is practicable after the evaluation is finalized.

5.2 General Provisions

5.2.1 Whenever possible, evaluations shall be made by the employee's immediate supervisor.

5.2.2 Employees will have access to their evaluations through the online performance management system or can contact Human Resources to secure a paper copy from their employee file.

5.2.3 The employee shall electronically sign the original evaluation to indicate the employee has received a copy of the evaluation. Such a signature shall not be construed to indicate the employee agrees or disagrees with the evaluation.

5.2.4 Employees who disagree with their evaluation shall be allowed to include a statement in their personnel file stating the basis of their objection.

CHAPTER 6     PAY PRACTICES

6.1 Pay Definitions 

(a)  The position match is the specific survey job match (by job description). Market ranges are developed based upon position matches with valid external sources [College and University Professional Association-Human Resources (CUPA-HR)]. A salary and position match review will be conducted at least once a year. 

(b)  The market range is the minimum to maximum salary range for the position, as determined by the position match. Employees who fall below the minimum of the salary range will be increased to or above the minimum as part of an annual review.

(c)  The mid-point is the mid-point for the position match. 

(d)  The target range is the placement range for the individual within the market range. A variety of factors may contribute to placement within the target range, including (in no particular order): the market range, position specific experience, educational background, internal equity, employee performance, and University resources.

6.2 Pay Rates

6.2.1 Pay rates shall be set as follows:

(a)  For the President, by the Northern Michigan University Board of Trustees.

(b)  For the Vice Presidents and Provost, by the President of the University.

(c)  For Senior Management, by the President of the University, Vice Presidents or Provost, in consultation with Human Resources.

(d)  For Senior Administrators, by the Division Head in consultation with Human Resources.

(e)  For intercollegiate athletic Coaches and United States Olympic Education Center Coaches, by the Special Assistant to the President/Athletic Director, subject to the approval of the President of the University.

6.3 Compensation Adjustments

6.3.1  Ordinarily salary adjustments will be based on considerations such as employee performance, position specific experience, internal equity, and University resources. Salary adjustments may be either increases or decreases and are made in the University's sole judgment.

6.3.2  Any salary adjustments may be provided over the previous year's salary base for employees in the Executive Management, Senior Management, Senior Administrator, and Coach employee classes. The amount of the adjustment based on reclassification or revised job description is discretionary and is approved by the appropriate Division Head in conjunction with Human Resources. Some adjustments may require the approval of the President of the University.

6.3.3  Human Resources conducts an annual salary review and adjustments may be implemented based on review and approval of the President.

6.4 Pay Schedules

6.4.1  NMU has a bi-weekly pay cycle. Each pay period will cover two weeks, beginning on a Sunday and ending on a Saturday.  Paychecks are issued 12 days after the pay period ends on a Thursday.  New employees may have a three- to four-week delay depending on the week of the payroll cycle in which they begin employment.  Paychecks are now 100% electronic with two convenient options - direct deposit to your bank account or a Pay Card.  Pay stubs, leave time balances, earnings history, deduction history, and other wage information can be viewed through MyNMU.

6.4.2  Employees on a continuing or year-to-year appointment who are employed less than twelve (12) months each year, may have their pay spread over the whole year providing they qualify for the alternative pay plan. Information may be obtained from the Human Resources Department.

6.5 Payroll Deductions

6.5.1  All voluntary payroll deductions must be authorized by the employee before becoming effective.

6.5.2  Employees who choose to use direct deposit, rather than the Pay Card, may make arrangements to have their entire paycheck directly deposited with any financial institution in the United States.

6.6 Time Reporting

6.6.1 Time for employees is reported through an automated time recording system to record and submit hours on an exception basis or benefit time use (recording of hours other than those actually worked such as annual leave, holidays, sick leave, etc.). Employees can access submission reports via Web for Employees through MyNMU (Employee Services tab).

6.7 Overtime and Compensatory Time

6.7.1 Northern Michigan University is subject to the provisions of the federal Fair Labor Standards Act (FLSA). Determinations of which positions are eligible for overtime and compensatory time (non-exempt) and which positions are exempt are made according to the statutory guidelines by the Human Resources Department.

6.7.2. Exempt employees are not eligible for overtime pay or compensatory time.

6.7.3 Non-exempt employees

6.7.2.1  All overtime and compensatory time must be approved in advance by the appropriate supervisor or payment will not be authorized, except that done in emergency situations. 

6.7.2.2  Both overtime and compensatory time are computed at time and one-half rates.

6.7.2.3  Overtime and compensatory time may only be earned after an employee has worked for more than forty (40) hours in a given work week.

6.7.2.4  Overtime will be paid along with the regular paycheck on the normal distribution date for the period in which the overtime was reported.

6.7.2.5  Compensatory time must normally be used within thirty (30) calendar days of the time it is earned.

6.8 Payments upon Separation from Employment

6.8.1  Upon separation from University, the Human Resources Department will issue payment for all regular wages not later than the normal pay distribution date for the pay period in which the separation occurred.

6.8.2  Employees may not remain on annual leave after the effective date of their separation. Payment for eligible portions of unused annual leave as of the separation date will be paid in a lump sum and be included in the employee's final paycheck.

CHAPTER 7     POSITION REVIEW PROCEDURE

7.1  The purpose of this Position Review Procedure is to provide a fair and equitable position market match and pay range for non-represented employees.

7.2  In the event of the addition of new job duties not inherent or otherwise a part of an employee's current realm of responsibility, the employee or the supervisor/department head may initiate a revised position description which will be forwarded through the management chain  to the appropriate Division Head for review and approval. If the Division Head does not agree with  the change in job content, they will discuss their reasons with the employee’s department head and the Head of Human Resources or designee, and the responsibilities of the position shall revert to the  duties before the changes were made. If the Division Head approves of the changes in job content, the following administrative procedure will be followed. Each supervisor within the administrative channel shall review and forward the position description to the supervisor at the next level. The Division Head will approve or disapprove of the changes in job content within fifteen (15) working days.

7.2.1  The position description will be forwarded to the Human Resource Department.

7.2.2  The position description and position market match will be evaluated.  Any proposed salary increase will be recommended to the department head for approval.

7.2.3  The salary adjustment will be effective the day of the submission for approval.

7.2.4  If the recommendation is not accepted by the Division Head, the responsibilities of the position shall revert to the status quo duties before the change in job content.

7.2.5  If circumstances warrant, the Head of Human Resources may approve an earlier date for pay of promotion other than that specified in Section 7.2.3.

7.2.6  Six (6) months must elapse before a position description can be submitted for reevaluation unless the Head of Human Resources agrees to waive the time limitation.

CHAPTER 8     BENEFITS

8.1 Medical Program

8.1.1  The Employer will maintain and contribute to the cost for the current medical program for employees regularly scheduled to work at least thirty (30) hours per week (1,560 hours per year). Employees regularly scheduled to work twenty (20) or more hours per week but less than thirty (30) hours per week are eligible for the medical program by paying the University the difference between the University's full contribution of the plan type in which they are enrolled and the full-time equivalent (FTE) cost (e.g. for an employee scheduled to work twenty (20) hours per week, the University will pay fifty percent [50%] of the specified contribution and the employee will pay fifty percent [50%]) in addition to the associated premium (see 8.1.2.1). If an employee elects not to pay the prorated contribution, the employee will not be covered for this benefit. The University reserves the right to change the carrier or administrator of a plan at its discretion.

8.1.2  The health plan year is January through December.  

8.1.2.1  The Board has elected the 80%/20% requirements of Section 4 of the Publicly Funded Health Insurance Contribution Act (Act 152 of 2011), hereinafter referred to as the “Act”, for the immediate future.  Accordingly, the University will pay no more than 80% of the total annual costs of the medical benefit plan selected above.  Employees will pay 20% of the total annual costs of the medical benefit plan selected above. For purposes of this provision, total annual costs includes the premium or illustrative rate of the medical benefit plan, administrative fees, stop loss reinsurance, fees and taxes mandated by state and federal law, and all Employer payments for reimbursement of co-pays, deductibles, payments into health savings accounts, flexible spending accounts or similar accounts used for health care, but does not include the costs of dental and vision and does not include beneficiary-paid co-payments or beneficiary payments into health savings accounts, flexible spending accounts or similar accounts used for health care.  The employee’s share of premium or illustrated rates will be paid via payroll deduction.  The election by the University under Section 4 and 8 of PA 152 may be made annually. Information regarding the current health plan can be found in the Appendix.

8.1.2.2  The University will withhold health insurance premium/illustrated rate contributions through 26-pay pre-tax payroll deductions based on a single, two-person, or family plan. Deductions will be made on a bi-weekly schedule through the NMU Premium Conversion Plan, which means that contributions will be withheld in such a way that they are not subject to state, federal, Social Security, or Medicare withholding.  The dollar amounts of withholding may be increased or decreased annually without further specific authorization, corresponding to the estimated average employee cost noted above, provided that employees receive 30 days’ advance notice of the amount of any increase in withholding.  

8.1.2.3  Average cost is defined as the total of claims or premiums, administrative fees, reinsurance, Employer’s share of FICA, and stop loss premiums divided by the average number of University employees covered during the health plan year.

8.1.2.4  If it is determined that an employee has paid more than the actual amount owed due to an error, the employee will be issued a refund.

8.1.2.5  When calculating the average cost per year for the medical program, the calculation includes $2.50 per covered employee per year to help fund wellness activities of the Health Care/Wellness Committee.

8.1.2.6  Those employees, MPSERS retirees, covered under the Non-ORP as specified in Section 8.6 are not eligible for the medical program.

8.2  Dental 

8.2.1  The University will contribute the full cost per employee of a family plan illustrative premium for eligible employees regularly scheduled to work at least thirty (30) hours per week (1,560 hours per year) for a defined dental plan for all participating full-time employees.

8.2.2  Participation in the plan is optional for all full-time employees. 

8.2.3  The plan must maintain the level of participation of active employees  as determined by the carrier.

8.2.4  The University will assume the administrative costs necessary to collect deductions, to submit payments to the insurance carrier, to enroll employees, and to communicate with the insurance carrier regarding administration of the plan.

8.2.5  Less than Full-Time Appointments

8.2.5.1 Employees scheduled to work twenty (20) or more hours per week but less than thirty (30) hours per week who complete and file applications in accordance with the University's and administrator's regulations may receive dental insurance by paying the University the difference between the University’s full contribution the plan in which they are enrolled (Single, Two Person, or Family) and the full-time equivalent cost.

8.3 Vision

8.3.1  The University will contribute the full cost per employee of a family plan illustrative premium for eligible employees regularly scheduled to work at least thirty (30) hours per week (1,560 hours per year) for a defined vision plan for all participating full-time employees.

8.3.2  Participation in the plan is optional for all full-time employees. 

8.3.3  The plan must maintain the level of participation of active employees  as determined by the carrier.

8.3.4  The University will assume the administrative costs necessary to collect deductions, to submit payments to the insurance carrier, to enroll employees, and to communicate with the insurance carrier regarding administration of the plan.

8.3.5  Less than Full-Time Appointments

8.3.5.1 Employees scheduled to work twenty (20) or more hours per week but less than thirty (30) hours per week who complete and file applications in accordance with the University's and administrator's regulations may receive vision insurance by paying the University the difference between the University’s full contribution the plan in which they are enrolled (Single, Two Person, or Family) and the full-time equivalent cost.

8.4 Life Insurance

8.4.1  The University will pay the premiums for term life insurance equal to an employee's annual base salary rate, (rounded to the next highest multiple of one thousand dollars [$1,000] and subject to the terms of the policy), with an accidental death and dismemberment rider for all full-time employees.

8.4.2  The appropriate forms for this coverage must be completed within thirty (30) days of obtaining full-time status.

8.4.3  Additional personal coverage, or supplemental life insurance, may be obtained through payroll deduction at the employee's cost.  Coverage can be up to five (5) times an employee's annual salary, (rounded to the next highest multiple of one thousand dollars [$1,000] and subject to the terms of the policy).

8.4.4  Coverage for spouse and/or dependent children may also be obtained through payroll deduction at the employee's cost.

8.4.5. Less than Full-Time Appointments

8.4.5.1 Employees who are regularly scheduled to work at least twenty (20) hours per week will be entitled to university-paid life insurance proportionate to their salary.

8.5 Retirement

8.5.1  All full-time employees are required to participate in Teachers Insurance and Annuity Association (TIAA) and will be automatically enrolled upon their appointment.

8.5.2  Retirement income benefits vary depending upon the employee's enrollment at the time of hire.

8.5.3  Contribution to the program is made by the University. The employee may elect to have additional contributions deducted from the employee's salary according to the applicable retirement program rules and regulations.

8.6 MPSERS Retirees Working at NMU

8.6.1 The University shall make contributions to the NonORP with TIAA for MPSERS retirees who are scheduled to work at least twenty (20) hours per week and who have completed the necessary application forms within ninety (90) days of their employment date. Employees scheduled to work less than twenty (20) hours per week will not have retirement contributions made on their behalf by the Employer.

8.6.2  For those employees, MPSERS retirees covered under the Non-ORP, the Employer shall contribute twelve and one-half percent (12.5%) of salary.

8.6.3  Those employees, MPSERS retirees, covered under the Non-ORP are not eligible for coverage under the University’s medical program.

8.7 Retirement Privileges

8.7.1  To be considered a retiree and eligible for retirement privileges as a retiree of Northern Michigan University, regardless of the retirement program in which an employee participates, the total of an employee's age and years of service at Northern Michigan University must equal or be greater than seventy (70) as of the retirement effective date and the employee must have a minimum of ten (10) years of full-time service with the University. A current list of retirement privileges can be found on the Human Resources website under Retiree Privileges

8.7.2  Written notice of retirement should be submitted to the Human Resources Department at least four (4) months in advance of the retirement date. The notice should include a request to post-pone publicity if desired.

8.8 Tuition Scholarship Program

8.8.1  Tuition scholarships will be awarded to employees, spouses, dependent children (son, stepson, daughter, stepdaughter, or a legally adopted child) on a space available basis.

8.8.2  Employees, spouses, dependent children (son, stepson, daughter, stepdaughter, or a legally adopted child) shall be allowed to take an unlimited number of credit hours per semester.

8.8.3  Employees may enroll in courses up to a maximum of four (4) credit hours during regular working hours. Arrangements for such time off must be made with the immediate supervisor. All time so devoted will be made up within the same biweekly pay period through arrangements with the immediate supervisor and/or department head. If the Employer assigns an employee to take a class offered only during the employee's scheduled work time, the employee shall not be required to make up the time.

8.8.4  Those who participate in the Tuition Scholarship Program are not eligible to receive additional University funded scholarships or grants.

8.8.5  In the event of an employee's death, the surviving spouse, as long as he/she does not remarry, and dependent children and those defined in Section 8.8.1 who are participating in the Tuition Scholarship Program as specified in Section 8.8.2 at the time of the employee's death, may continue in the program until they complete their course of study.

8.8.6  In the event of death to an employee who had at least fifteen (15) years of service at NMU, the surviving spouse, as long as he/she does not remarry, and those defined in 8.8.1 and in accordance with University policy when they become eligible for enrollment at NMU, may participate in the program until they complete their course of study.

8.8.7  Northern Michigan University will abide by state and federal laws regarding the taxability of tuition benefits.

8.9  Bookstore Discount. Full-time employees, their spouse and dependents (as defined by the IRS), and retirees and their spouses shall receive a 20% discount on books and a 10% discount on all other merchandise available at the Bookstore except special orders, sale books, class and alumni rings, cap and gown rentals and purchases, computer software, periodicals, discounted merchandise, computer hardware, stamps, health and beauty aids, food snacks, and beverages. Discounts are subject to change per the policy of the owner/operator of the bookstore.

8.10  Recreation Membership/Walking Pass. The Employer will provide each employee who completes the annual application process a single Recreation Membership or a single walking pass (if required to pay) for themselves. The cost of an annual family membership may, in the alternative, be reduced by the cost of a single membership for the family of such employees. Once per year, employees may sponsor one (1) person, in lieu of a spouse, for a recreation membership at the reduced rate which would otherwise be afforded family members of the employee.

8.11  Flexible Spending Accounts (FSA)

8.11.1  Dependent Care Spending Account. The Employer agrees to offer an employee paid dependent care spending account to employees in accordance with Section 125 of the Internal Revenue Code.

8.11.2 Health Care Spending Account. The Employer agrees to offer an employee-paid health care spending account to employees in accordance with Section 125 of the Internal Revenue Code

8.12 Holidays and Seasonal Bonus Days

8.12.1 The following holidays are currently observed on the calendar day on which each falls, except that a holiday that falls on a Sunday will normally be observed on the following Monday and a holiday that falls on a Saturday will normally be observed on the preceding Friday:

• New Year's Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
• December 25

8.12.2 In addition to the Holidays stated above, each fiscal year, the Employer will schedule six (6) Seasonal Bonus Days. One Seasonal Bonus Day will be the day after Thanksgiving, one will be the day before or after December 25, and one will be the day before or after New Year's Day. It is the Employer's intention to designate the days between December 25 and New Year's Day a "holiday week." Any additional days may be designated by the Employer on another date or left as "floating" Seasonal Bonus Days for the employee to schedule with the supervisor.

8.12.3 Those employees hired after December 31 of the then current fiscal year are not eligible for “floating” Seasonal Bonus Days until the subsequent fiscal year.

8.12.4 If a non-exempt employee is scheduled to work on a designated Holiday, the employee will be paid at the straight time rate and will be granted two (2) hours of time off for each hour worked. Such time off will be arranged with the supervisor and must be used by the end of the current fiscal year.

8.12.5 If a non-exempt employee is scheduled to work on a designated Seasonal Bonus Day, the employee will be paid at the straight time rate and will be granted equivalent time off. Such time off will be arranged with the supervisor and must be used by the end of the current fiscal year.

8.12.6 When the designated Holiday occurs on a scheduled day off in a full-time employee's workweek, the employee will receive an additional day off with pay to be arranged with the supervisor who will make an effort to grant the additional day off as near as practical to the designated Holiday.

8.12.7 A Holiday or Seasonal Bonus Day falling during a scheduled period of annual leave or sick leave will not be charged against annual leave or sick leave. 

8.12.8 Employees who are regularly scheduled to work at least twenty (20) hours per week will be entitled to Holiday and Seasonal Bonus Day pay proportionate to the time actually worked.

8.12.9 If an employee is absent on the working day immediately preceding or immediately following the Holiday or Seasonal Bonus Day, the employee will not be paid for the Holiday or the Seasonal Bonus Day unless the employee’s absence is excused.

8.12.10  No Holidays or Seasonal Bonus Days will be "cashed out."

8.13  Annual Leave

8.13.1 Unless otherwise spefified in the fuly executed contract, coaches will be provided twenty (20) days of paid time off, to be taken as arranged with the employee's supervisor. Paid time off does not accrue and will not be paid out if the contract is terminated for any reason or if the contract is not renewed upon expiration of the appointment. 

8.13.2 The following Annual Leave sections apply to all covered employee groups with the exception of Coaches.

All full-time, twelve-(12) month employees will accrue annual leave according to the following schedule:

Less than twelve-(12) month employees will accrue annual leave at the same accrual rate during the specified period of their appointment. Part-time employees who are regularly scheduled to work at least twenty (20) hours per week will be entitled to annual leave proportionate to the time actually worked.

8.13.2.1  Employees with annual leave balances reaching the maximum accrual limit as specified above must work with their supervisor to reduce their balance to the appropriate maximum accrual limit, or below, or all hours/days above the maximum accrual limit will be lost.

8.13.2.2  An employee must be compensated for forty (40) hours of the pay period in order to accrue annual leave.

8.13.2.3  Accumulated annual leave may be used as earned. Use of annual leave may be used after securing approval from the employee’s supervisor/department head.

8.13.2.4  When a regular paid Holiday or Seasonal Bonus Day is observed by the University during the time the employee is on annual leave, the employee will not be charged with an annual leave day.

8.13.2.5  Employees in positions financed by grants will abide by the annual leave schedules as specified in Section 8.13.1 except when the terms of the grant are established exclusively by a source outside the University and specify otherwise.

8.13.2.6 Departments or divisions which experience "slack" or "down" periods may require that annual leave be used during these periods. The minimum increment to be so used is one (1) day.

8.13.2.7  Employees employed on appointments less than twelve (12) months and whose position is related to the academic calendar will in most instances be required to take their annual leave based on the academic calendar and needs of the department.

8.13.2.8  Actual time off must be taken in order to receive payment for annual leave except an employee will receive pay in lieu of actual time off under the following circumstances:

(a)  Retirement; or
(b)  Cessation of employment; or
(c)   Death, in which case the pay for unused annual leave will be paid to the beneficiary as designated on the Authorization to Disburse Earnings and Allowances Form on file in the Human Resources Department, if any, or to the estate of the deceased employee.

8.13.2.9  Employees accrue annual leave while on annual and sick leave.

8.13.2.10  Employees who are regularly scheduled to work at least twenty (20) hours per week will be entitled to annual leave proportionate to the time actually worked.

8.13.3  The Employer will reimburse employees who lose travel or accommodation deposits made in connection with annual leave under the following conditions:

(a)  The employee must notify the supervisor and the Human Resources Department in writing, at least ninety (90) days in advance of the annual leave date, the amount of the deposits and of the latest possible date on which the employee can cancel the reservation without financial loss.

(b)  If the Employer subsequently cancels the employee's annual leave after the latest possible date on which the employee could cancel the reservation without financial loss, the Employer will reimburse the employee for the loss based on documented expenses incurred.

8.14 Family Care Leave

8.14.1 Employees may use eighty (80) hours of paid Family Care Leave per fiscal year for the following reasons as defined by the Earned Sick Time Act of Michigan for a family member:

(a) Physical or mental illness, injury, or health condition
(b) Medical diagnosis, care, or treatment
(c) Preventative care
(d) If an employee’s family member is a victim of domestic violence or sexual assault:

1. Medical care or psychological or other counseling
2. Obtaining services from a victim services organization
3. Relocation
4. Obtaining legal services
5. Participation in any civil or criminal proceeding related to or resulting from the domestic violence or sexual assault

(e) Meetings at an employee’s child’s school or place of care related to the child’s health or disability, or the effects of domestic violence or sexual assault on the child
(f) The care of an employee’s child whose school or place of care has been closed by order of a public official due to a public health emergency
(g) Exposure to a communicable disease that would jeopardize the health of others as determined by health authorities having jurisdiction or a health care provider

8.14.2 Family member is defined as:

(a) Biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, or a child to whom the employee stands in loco parentis
(b) Biological parent, foster parent, step-parent, adoptive parent or legal guardian of an employee or employee’s spouse or domestic partner
(c) Person who stood in loco parentis when the employee was a minor child
(d) Spouse or individual to whom the employee is legally married under the laws of any state or domestic partner
(e) Grandparent
(f) Grandchild
(g) Biological, foster, and adopted siblings
(h) Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship

8.14.3 Once an employee exhausts Family Care Leave, additional time required for the care of a family member must be taken as personal leave days, annual leave, or unpaid leave, if applicable. The University reserves the right to review cases on an individual basis and to require documentation.

8.14.4 The first forty (40) hours of Family Care Leave will not be counted toward the twelve (12) week mandatory protection offered by the Family Medical Leave Act (FMLA).

8.15 Personal Leave Hours

8.15.1  Employees will be granted twenty-four (24) hours of paid personal leave on July 1 of each year. Personal leave may be used in one (1) hour increments and may be scheduled as needed by the employee with prior approval of the supervisor. Personal leave cannot be carried over into the next fiscal year and will not be paid upon change in employment status.

8.15.2  New employees hired between July 1 and December 31 will be granted twenty-four (24) hours of personal leave on their date of hire. New employees hired between January 1 and April 30 will be granted twelve (12) personal leave hours on their date of hire.

8.16 Workers' Compensation

8.16.1  An employee injured on the job during working hours and requiring medical attention shall be paid for the remainder of the day on which he was injured if the attending physician determines that the injury is serious and the employee must remain off the job for the day.

8.16.2  Employees who suffer an injury compensable under the Workers' Compensation Act and who are awarded such compensation shall be paid the difference between the employee's regular wages and payment received under the provisions of the Act for a maximum of six (6) consecutive months.

8.16.3  Employees whose normal appointment period is less than twelve (12) months and whose pay is spread throughout the year, will continue to receive their deferred, earned salary owed to them, if applicable.

8.16.4  Employees who have been disabled for six (6) consecutive months and are unable to return to work may, if eligible, apply for long-term disability benefits as specified in Section 8.19.

8.17 Sick Leave

8.17.1  Full-time employees shall be eligible for up to two hundred forty (240) hours of sick leave with pay per fiscal year. Employees who have used two hundred and forty (240) hours of sick leave and are unable to return to work, as evidenced by a statement from their physician, may be eligible to receive short-term disability benefits as outlined in Section 8.18.

8.17.2  Employees who are regularly scheduled to work at least twenty (20) hours per week but less than forty (40) will be entitled to sick leave proportionate to the time actually worked.

8.17.3  If an employee is in a period of continuing sick leave utilization at the change of fiscal years, the employee will be required to re-qualify for sick leave by returning to active employment and working a period of twenty (20) consecutive work days.

8.17.4  All payments for sick leave shall be made at the employee's current rate of pay.

8.17.5  Any sick leave taken for less than a full day will be charged in increments of tenths of one (1) hour. (e.g., absence for two (2) hours and five (5) minutes would be charged at two and one tenth (2.1) hours of sick leave.)

8.17.6  Sick leave shall be available for use by employees for the following purposes:

(a)  Personal mental or physical illness, injury, health condition or incapacity over which the employee has no reasonable control.
(b) Absence from work because of exposure to contagious disease which, according to a public official, would jeopardize the health of others by the employee's attendance at work.
(c) Preventative medical care, medical diagnosis, care, or treatment to the extent of time required to complete such appointments when it is not possible to arrange such appointments for nonworking hours.
(d) Medical care or psychological or other counseling for physical or psychological injury or disability if a victim of domestic violence or sexual assault.

8.17.7 Employees who have exhausted their sick leave and are still unable to return to work, must apply for either a leave of absence for illness or disability as specified under Chapter 9, Section 9.7.2.3 or short-term or long-term disability as specified under Sections 8.18 or 8.19, whichever is applicable.

8.17.8 An employee using sick leave during a period that includes a scheduled Holiday or Seasonal Bonus Day will be paid for the Holiday or Seasonal Bonus Day but will not be charged a day of sick leave.

8.17.9 Employees are required to notify their department or division head of all absences due to sickness on a daily basis. Where an employee is expected to be hospitalized or confined to his/her home, the employee must notify Human Resources and together with the employee's department or division head may arrange for notification at appropriate intervals.

8.17.10 An employee who has been severely ill or who has been hospitalized because of illness or surgery must provide a statement from the employee's personal physician stating that the employee is able to resume his/her assigned duties, including any limitations attached thereto.

8.17.11 In the case of extended sick leave absences, upon the 4th consecutive day of absence, or in an effort to determine the validity of an employee's use of sick leave, the employee may be requested to furnish a physician's statement of physical condition to the Human Resource Department who shall be responsible for verifying absence due to illness or disability.

8.17.12 The University affirms its obligation to comply with applicable State and Federal Law regarding the confidentiality and use of employee medical records. Employee medical records will be accessible only to University employees who have a demonstrable need for such access.

8.18 Short-Term Disability

8.18.1 When sick leave has been exhausted as specified in Section 8.17, employees who are eligible for disability coverage under the University's Long-Term Disability Insurance Program are covered by Short-Term Disability Program benefits proportionate to their regular appointment period as follows:

8.18.1.1  Upon receipt of satisfactory medical documentation (inability to discharge regular duties), the Head of Human Resources, or designee, will authorize payment of seventy-five percent (75%) of the employee's base salary and all of the employee's fringe benefit payments. Employees will use accumulated and unused annual leave to make up the difference between the seventy-five percent (75%) short-term disability payment and full salary.

8.18.1.2 The benefits provided in the preceding paragraph will continue until the Long-Term Disability Insurance Program becomes effective, or until the employee recovers and resumes his regular duties, or until the employee dies, but the benefits will in no event continue for a period longer than the first of the month following six (6) consecutive months of time off work.

8.18.1.3 Once the employee is placed on short-term disability, the employee shall cease to earn annual leave.

8.18.1.4 An employee who returns to work after having received short-term disability will be required to requalify for short-term disability benefits by working a period of twenty (20) consecutive work days unless the subsequent disability arises from a cause unrelated to the original disability. The only exceptions to this requalification may be made by the Head of Human Resources, or designee, in cases of very serious illness or disability. Exceptions shall be granted at the sole discretion of the Employer and any such decision to grant or deny any exception shall not be disputed.

8.18.2 Employees who are not eligible under the Long-Term Disability Insurance Program will be paid under the provisions of the Sick Leave and Short-Term Disability Policies. Once these benefits have been exhausted, salary payments will cease. Employees may be eligible for an unpaid Illness or Disability Leave as specified in Chapter 9, Section 9.7.2.3.

8.19 Long-Term Disability

8.19.1 The current policy provides for the payment of sixty percent (60%) of the regular yearly salary with a maximum monthly limitation as specified by the policy for all full-time employees who have been employed one (1) full year or longer and who, in the opinion of our carrier, are considered to be totally disabled. The sixty percent (60%) level is less any and all offsets (Social Security, Workers' Compensation, etc.) as determined by the insurance policy.

8.19.2 The University will pay the full cost of a Long-Term Disability Insurance Program.

8.19.3 The definition of total disability is specified in the Insurance Policy. You must be under the regular care of a physician, other than yourself or a member of your family.  

8.19.3.1 Physician is defined as a physician legally licensed to practice medicine and/or surgery.

8.19.4 The University will provide medical, dental and vision coverage, if applicable, and one (1) times regular annual salary as group life insurance as provided by our carriers (rounded to the next highest multiple of one thousand dollars [$1,000] and subject to the terms of the policy) for those receiving long-term disability benefits to a maximum of two (2) years.  Employees are responsible for the employee share of the benefits.

8.19.5 Employees who receive benefits under the Long-Term Disability Program will be considered to be on a disability leave for a maximum of two (2) years at which time all benefits and employment shall terminate.

8.19.6 An employee who returns to work prior to the expiration of the two (2) calendar year disability leave period and works less than six (6) months and subsequently becomes totally disabled may be eligible to revert back to disability leave status in order to utilize the remaining portion of the two (2) calendar year leave of absence period.  Upon exhaustion of the remaining portion, the employee's employment shall be terminated.

8.19.7 Refer to Chapter 9, Section 9.7.1, General Conditions, regarding leaves of absence without pay.

8.20 Earned Sick Time Act

8.20.1 Northern Michigan University complies with the Michigan Earned Sick Time Act (ESTA). The following paid leaves are provided by NMU and are detailed within Chapter 8:

• Annual Leave (Chapter 8.13): A minimum of 120 hours accrues in 12 months, or 4.62 hours per pay period,
• Family Care Leave (Chapter 8.14): 80 hours are provided July 1 each year,
• Personal Leave (Chapter 8.15): 24 hours are provided July 1 each year, and
• Sick Leave (Chapter 8.17): 240 hours are provided July 1 each year

The following paid leaves may be used for any and all ESTA eligible absences as outlined:

(a) Physical or mental illness, injury, or health condition of an employee or an employee’s family member

• Self – Sick Leave
• Family Member – Family Care Leave, Annual Leave, Personal Leave

(b) Medical diagnosis, care, or treatment of an employee or an employee’s family member

• Self – Sick Leave
• Family Member – Family Care Leave, Annual Leave, Personal Leave

(c) Preventative care of an employee or an employee’s family member

• Self – Sick Leave
• Family Member – Family Care Leave, Annual Leave, Personal Leave

(d) If an employee or the employee’s family member is a victim of domestic violence or sexual assault:

     (1) Medical care or psychological or other counseling

• Self – Sick Leave
• Family member – Family Care Leave, Annual Leave, Personal Leave

     (2) Obtaining services from a victim services organization, Relocation, Obtaining legal services, Participation in any civil or criminal proceeding related to or resulting from the domestic violence or sexual assault

• Self – Annual Leave, Personal Leave, or if exhausted, Family Care Leave
• Family member – Family Care Leave, Annual Leave, Personal Leave

(e) Meetings at an employee’s child’s school or place of care related to the child’s health or disability, or the effects of domestic violence or sexual assault on the child

• Family Care Leave, Annual Leave, Personal Leave

(f) Closure of Northern Michigan University by order of a public official due to a public health emergency

• Northern Michigan University closure policies and procedures

(g) The care of an employee’s child whose school or place of care has been closed by order of a public official due to a public health emergency

• Family Care Leave, Annual Leave, Personal Leave

(h) An employee’s or an employee’s family member’s exposure to a communicable disease that would jeopardize the health of others as determined by a public official or a health care provider

• Self – Sick Leave
• Family Member – Family Care Leave, Annual Leave, Personal Leave

8.20.2 Family member is defined as:

(a) Biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, or a child to whom the employee stands in loco parentis
(b) Biological parent, foster parent, step-parent, or adoptive parent or legal guardian of an employee or employee’s spouse or domestic partner
(c) Person who stood in loco parentis when the employee was a minor child
(d) Spouse or individual to whom the employee is legally married under the laws of any state or domestic partner
(e) Grandparent|
(f) Grandchild
(g) Biological, foster, and adopted siblings
(h) Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship

CHAPTER 9     OTHER LEAVES

9.0  Authorized Paid Absences

9.1  Funeral Leave Pay

9.1.1 If a death occurs among members of an employee's immediate family (as defined below), the employee will be excused from work, with pay, for three (3) working days in order to attend the funeral and to make other necessary arrangements. In the case of a parent, parent-in-law, spouse or designated individual*, child, or stepchild, five (5) working days will be permitted. Because of extenuating circumstances, the Head of Human Resources, or designee, may grant the bereaved employee additional time charged to the employee's accumulated annual leave or may extend the period of this funeral leave. An employee will be allowed one (1) day to attend the funeral of an uncle, aunt, nephew, or niece of the employee or employee's spouse.

9.1.1.1 The immediate family shall be interpreted as including: spouse or designated individual*, child, stepchild, father, mother, sister, brother, father-in-law, mother-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandfather, grandmother, grandfather-in-law, grandmother-in-law, grandchild, stepfather, stepmother, stepfather-in-law, stepmother-in-law, half-brother, half-sister, and dependent persons (foster children or relatives residing in the home).

* The name of the designated individual must be on file with the Human Resources Department at least six (6) months prior to utilization of such leave.

9.1.2 A reasonable number of employees, as determined by the University, may attend the funeral of a fellow employee or former employee, without loss of pay, provided the employees return to work after the funeral. Exceptions may be granted due to extenuating circumstances. Employees who serve as pallbearers at a funeral of a fellow employee or former employee will be on authorized leave time during the time they must be away from the office.

9.1.3 Less than Full-time Appointments

9.1.3.1 Employees who work at least twenty (20) hours per week will receive funeral leave pay proportionate to the time scheduled to work.

9.2 Jury Duty Leave

9.2.1 In keeping with the belief that it is the responsibility of employees to fulfill their responsibilities as citizens, full-time employees shall be granted jury leave with pay for the period they are required to serve.

9.2.2 Such leave shall be reported to the supervisor and/or department head.

9.2.3 With the exception of reimbursable expenses, compensation received by the individual for time spent performing jury duty on working days shall be remitted to the University.

9.2.3.1 Checks for jury duty should be endorsed to Northern Michigan University and forwarded to the Student Services Center with a brief memorandum that includes the dates of the jury duty.

9.2.3.2 The employee may, at the employee’s option, charge jury duty time to annual leave or compensatory time and retain all court fees.

9.2.4 An employee is expected to report  to work when temporarily excused from attendance at court.

9.3 Expert Witness Leave

9.3.1 On occasion, individual employees are obligated to testify as court witnesses on subjects upon which they qualify as experts. However, employees should not seek such obligations and are permitted leave to serve only when subpoenaed to appear.

9.3.2 In testifying as an expert witness, the following rules must apply:

9.3.2.1 The employee necessarily must make preparation for the case upon the employee's own time unless specifically authorized to make such preparations on University time by the Head of Human Resources.

9.3.2.2 The employee is permitted to retain personally all fees received, whether paid by the court or by the person, firm, or organization as whose witness the employee is subpoenaed.

9.3.2.3 In the case of prolonged absence from duty, as in the case of one rendering consultant services, the employee will be placed on a leave of absence without pay for the duration of the absence.

9.3.2.4 The technical knowledge of any employee who may testify as an expert witness should be made available equally to both sides of any court case.

9.4 Professional Development Leave

9.4.1 Upon the recommendation of the Division Head and Head of Human Resources, the President may grant a professional development leave to full-time employees. All professional development leaves will be granted only in accordance with the following specific provisions:

9.4.1.1 Employees who have served the University for seven (7) consecutive years of full-time employment are eligible to apply for professional development leave. Time taken for other types of leaves of absence, except sick and annual leave, will be deducted in determining years of service counting toward eligibility for professional development leave.

9.4.1.2 Professional development leaves may be granted to employees for the purpose of professional development related to their position at the University and shall be limited to purposes that clearly promise reciprocal advantage to the University through the enhancement of personal competence.

9.4.1.3 All such leaves will be conditioned by departmental/office arrangements which will preclude loss of efficiency in the department/office or substantial deviation from the program of the University.

9.4.1.4 The applicant must return to Northern Michigan University for a period of two (2) years immediately following the professional development leave or pay in full all compensation paid by Northern Michigan University during the period of the leave. The applicant must provide the applicant's immediate supervisor at least sixty (60) days prior to the end of the leave with a written confirmation of the applicant's return date to the University. Failure to provide such notification shall be deemed a resignation.

9.4.1.5 The leave shall be for an agreed period of time but may not exceed twelve (12) months.

9.4.1.6 Application for a professional development leave must be submitted to the applicant's immediate supervisor and then the Head of Human Resources at least six (6) months before the leave is proposed to begin. Notice of the professional development leave approval or disapproval will ordinarily be given at least three (3) months prior to the leave.

9.4.1.6.1 In making application, the applicant shall present a plan for the use of the professional development leave which shall include the following:

(a) The length of leave requested.
(b) A statement of how the proposed activity will satisfy the criteria in Section 9.4.1.2.
(c) A description of the applicant's professional qualifications to undertake the activity.
(d) Detailed information concerning the resources or facilities needed to complete the proposed activity.
(e) A projected timetable for the work to be completed.

9.4.1.7 An extension of a professional development leave will not be approved.

9.4.1.8 The applicant must provide the Head of Human Resources and the appropriate Division Head a complete report (in writing) on the status of the applicant's accomplishments during the leave, with copies to the appropriate immediate supervisor within six (6) weeks after returning to active status.

9.4.1.9 Applications for professional development leave will be approved only if the University chooses to financially support it.

9.4.1.10 When the salary is to be included, the salary for the professional development leave will normally be one-half (1/2) the base annual salary which the applicant would otherwise have earned during the leave period. Other salary arrangements, including no reduction in pay, may be recommended by the appropriate Division Head.

9.4.1.10.1 During such leave, the applicant's salary shall be adjusted to reflect any increases that would have been earned had the leave not occurred.

9.4.1.11 The following fringe benefits provided to the applicant by the University shall be maintained for the applicant for the duration of the professional development leave:

(a) Medical, dental and vision insurance, if applicable. However, employees are responsible for paying the necessary premiums, if any.

(b) Life insurance at one (1) times base salary (rounded to the next highest multiple of one thousand dollars [$1,000] and subject to the terms of the policy).

(c) Long-term disability insurance.

(d) Annual leave accrual and sick leave balances, when applicable.

(e) Retirement privileges as permitted by the retirement program, provided the employee returns and works for the University for at least twenty-four (24) calendar months after the end of the leave.

(f) Tuition scholarship program (employee, spouse, and dependent).

(g) Bookstore discounts.

(h) PEIF membership, at the employee's option.

9.5 Military Leave

9.5.1 The Employer will abide by federal and state laws regarding eligible employees who serve in uniformed services and take leaves of absence for such services.

9.5.2  The Employer will pay the difference between the employee’s military pay and regular pay, if the employee’s military pay is less, for a period not to exceed fifteen (15) work days in any one calendar year. In order to receive this difference, the employee shall furnish the Employer with written evidence of the amount of base service pay the employee was eligible to receive.

9.5.3  Although an employee cannot be required to use annual leave to complete a period of training or service, an employee may, at one’s sole option, choose to use accrued annual leave during a period of training or service  

9.6  Fitness for Duty. If the fitness of an employee to continue in his/her responsibilities becomes questionable for reasons of physical or mental health, the employee's supervisor shall discuss the matter with the Head of Human Resource, or designee.  The Head of Human Resource will then talk with the employee in a personal conference. In cases of potential workplace violence concerns as determined by the NMU Police Department and Human Resources, the personal conference will be replaced by a conference between Human Resources and the NMU Police Department. If a determination for leave is made, Human Resources shall notify the employee by mail. If the problem cannot be resolved in such a conference, the Employer may require the employee to submit to a physical or psychiatric evaluation. The Employer may designate an examiner who must be a licensed physician or psychiatrist and the Employer will assume the cost of the examination. In the event the medical examination results in a finding that the employee is unable to discharge his/her duties in a competent manner, the Employer may have to place the employee on an approved leave (e.g. medical leave, FMLA, etc.), with entitlement to any applicable pay (e.g. sick leave, short-term disability, long-term disability, workers’ compensation, etc.).

9.7  Leaves Without Pay

9.7.1 General Conditions

(a) Except as otherwise specified in a particular leave of absence provision, the following general conditions shall apply to all leaves of absence without pay:

(b) With the exception of FMLA, fringe benefits ordinarily provided to the employee shall not be provided during the period of the leave; provided, however, that the employee may contact the Human Resources Department to make arrangements for the continuation of group health, dental, vision, and supplemental and dependent life insurance, if applicable, at the employee's own expense.

(c) When an employee is applying for or returning from a disability or medical leave, the employee must submit a statement of medical condition from a licensed physician. The University, at its option and without cost to the employee, may require the employee to submit to an examination by a physician(s) of its choosing to verify disability or before returning to work to verify ability to return to active employment. In the event the employee challenges the results of the physician(s) chosen by the University, the employee and the University will agree to employ a third physician to examine the employee. The diagnosis of the third physician shall be binding on all parties and the costs of such services shall be shared equally by the employee and the University.

(d) All leaves of absence must be approved by the Human Resources Department and Division Head.

(e) Application for extension of leaves of absence must be made to the Division Head and cleared through the Human Resources Department prior to the expiration of the leave subject to availability.

(f) The employee will not receive pay for the holidays falling within the leave of absence.

(g) The employee will not accrue annual leave while on a leave of absence.

(h) An employee who does not return from a leave of absence upon the expiration of the leave and has not submitted updated medical information to the Human Resource Department indicating that the employee is not able to return, may be subject to termination.  

(i) For leaves longer than thirty (30) days, if an employee fails to notify the Head of Human Resources, or designee, in writing at least thirty (30) calendar days prior to the expiration of the leave of absence of the employee's intent to return to work, then the employee shall be deemed to have voluntarily resigned, and the employee's employment will thereby be terminated; provided, however, the Head of Human Resources, or designee, may consider extenuating circumstances beyond the employee's control in considering the employee's termination due to timeliness of the notice.

(j) An employee on a leave of absence without pay may not engage in other employment while on leave unless there is mutual written agreement between the employee and Northern Michigan University. If the employee works elsewhere while on leave, such action will be considered as a resignation of the employee's position at Northern Michigan University.

(k) During the time an employee is on a leave of absence, the employee's position may be filled through temporary employment. At the time the employee on the leave of absence returns and is covered under the Family Medical Leave Act (per Article 9.7.2.4), the employee may return to his/her former position if it is still funded.

9.7.2 Types of Unpaid Leaves

9.7.2.1 Personal Leave of Absence

9.7.2.1.1 Leaves of absence up to three (3) months without pay may, at the discretion of the Employer, be granted in cases of exceptional need.

9.7.2.1.2  Leaves may be granted for such reasons as the following: settlement of an estate, serious illness of members of the employee’s immediate family (as defined in 9.1.1.1), care for a newborn infant (including adopted infants), approved travel, advanced study or research, special service to a public agency, business, or industrial concern.

9.7.2.1.3 Leaves of absence are not granted for the purpose of obtaining employment elsewhere.

9.7.2.1.4 Leaves of absence for like causes may be extended for successive three- (3) month periods by the Human Resources Department and Division Head, but the total leave time shall not exceed twelve (12) months.

9.7.2.1.5 The assignment upon return from a personal leave will be dependent upon the jobs available.

9.7.2.2 Political Activity Leave

9.7.2.2.1 Employees are expected to observe the following guidelines in connection with political candidacy or appointment to public office:

(a) Staff members are expected to discuss such candidacy or appointment with their division or department head prior to public announcement.

(b) Staff members undertaking political candidacy will be expected to meet all of their University obligations unless a leave of absence without pay is taken for the time involved.

(c) In case of candidacy for local or county office, or in a primary contest, taking a leave of absence without pay shall not normally be required except if the primary campaign might interfere with the employee's normal duties.

(d) In the case of candidacy for state or national office, a leave of absence without pay shall normally be required after the primary election.

(e) If the employee receives party nomination to state or national office, the employee shall request a leave of absence without pay.

(f) University facilities and services are not to be used by employees running for office or in campaigning for specific candidates; provided, however, that employees (in their capacity as citizens and not in their capacity as employees) shall have the same access to university facilities and services as any other citizen may have.

(g) The duration of the leave will be for the first term of office to which the employee was elected to or the first term of the appointment.

(h) An extension of such a leave of absence will be considered upon receipt of a written request by the employee to the appropriate Division Head and the Head of Human Resources at least thirty (30) days prior to the leave termination date. The extension shall be subject to the same provisions governing the original leave of absence.

9.7.2.2.2 Refer to Section 9.7.1, General Conditions, regarding leaves of absence without pay.

9.7.2.3 Illness or Disability Leave

9.7.2.3.1 Employees who are not eligible for or who are denied long-term disability benefits may apply for a leave for illness or disability as follows:

(a) An employee who (1) is unable to work because of personal sickness or injury including pregnancy and pregnancy-related disability and (2) has exhausted sick leave, personal leave, short-term disability benefits, and annual leave payments shall be granted a leave of absence without pay upon request in writing and upon the Human Resources Department receiving satisfactory written medical documentation.

(b) The leave of absence shall be for the period of continuing disability, but not to exceed three (3) months, at which time if the employee does not return to work, employment will be terminated. 

(c) The University will provide appropriate medical, dental and vision coverage, if applicable, and group life insurance equal to one (1) times the regular annual salary (rounded to the next highest multiple of one thousand dollars [$1,000] and subject to the terms of the policy) for eligible employees on an approved leave of absence due to sickness or disability (including those receiving Workers' Compensation benefits). However, employees are responsible for paying the necessary premiums, if any, for such plans including supplemental and dependent life insurance.

9.7.2.3.2 Employees who have been employed full-time on a continuous basis for one (1) year or longer will apply for benefits under the Short-Term Disability Program or the Long-Term Disability Program as specified in Chapter 8, Sections 8.18 and 8.19.

9.7.2.3.3 In order to be eligible to return to active employment, an employee returning from an illness or disability leave of absence must provide a statement from the employee's physician releasing the employee to return to work.

9.7.2.3.4 Refer to Section 9.7.1, General Conditions, regarding leaves of absence without pay.

9.7.2.4 Family and Medical Leave Act (FMLA) Leave

9.7.2.4.1 An employee is eligible for a 12-week FMLA leave if he/she has been an employee for at least twelve (12) months and has been employed as an employee at least one thousand two hundred and fifty (1,250) hours during the twelve (12) month period immediately preceding the leave effective date at a worksite where the Employer employs at least fifty (50) employees within a seventy-five (75) mile radius.

9.7.2.4.2 Subject to the notice and certification requirements described below, an eligible employee may request and will be granted up to twelve (12) work weeks of unpaid FMLA leave during any twelve (12) month period for one or more of the following events:

(a) for the birth of a child of the employee and to care for such child;

(b) for the placement of a child with the employee for adoption or foster care;

(c) to care for a spouse or designated individual, child, or parent of the employee if the former has a serious health condition;

(d) because of a serious health condition of the employee, which renders him/her unable to perform the functions of the employee's position; or

(e) any qualifying exigency arising out of the fact that the employee’s spouse, child, or parent is a covered military member on “covered active duty.”

9.7.2.4.3 The taking of a FMLA leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced; provided, however, that nothing in this sentence shall be construed to entitle any employee who returns from leave to the accrual of any seniority or employment benefits during the period of the leave or to any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.

9.7.2.4.4 Employees who take a FMLA leave for the intended purpose of the leave shall be entitled, on return from the leave, to be restored by the Employer to the position of employment held by the employee when the leave commenced or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

9.7.2.4.5 During the period of a FMLA leave, the Employer shall maintain coverage under any group health plan as defined by the FMLA for the duration of such leave and at the level and under the conditions coverage would have been provided if the employee had continued in employment for the duration of the leave; provided, however, that the Employer may recover the premiums paid for maintaining coverage for the employee under such group health plan during the period of a FMLA leave if the employee fails to return to work for reasons other than the continuation, recovering, or onset of a serious health condition entitling the employee to leave under Sections 9.7.2.4.2 (c - e), or other circumstances beyond the employee's control. The Employer may require certification of inability to return to work as specified and allowed by the FMLA.

9.7.2.4.6 FMLA leave runs concurrently with other forms of paid leave. If the requested leave is for the birth/care of a child, the placement of a child for adoption or foster care, or to care for a spouse or designated individual*, child, or parent who has a serious health condition, the employee is first required to exhaust any available paid annual leave and any other applicable paid leave (e.g., personal leave days, dependent care leave). Upon exhaustion of the paid leave, any portion of the remaining twelve (12) workweeks of leave shall be unpaid.

* The name of a designated individual must be on file with the Human Resource Department at least six (6) months prior to utilization of such leave.

9.7.2.4.7 If the requested leave is due to the employee's serious health condition, the employee is first required to exhaust any available paid sick leave and short-term disability pay. Upon exhaustion of the paid leave, any portion of the remaining twelve (12) workweeks of leave shall be unpaid.

9.7.2.4.8 An unpaid family leave of up to twelve (12) workweeks for the birth/care of a child or for the placement of a child for adoption or foster care may be taken at any time within the twelve (12) month period which starts on the date of such birth or placement of adoption or foster care. However, regardless of when the leave becomes effective, it will expire not later than the end of the twelve (12) month period. For example, an employee who requests a leave at the start of the twelfth month (of the twelve {12} month period from the date of birth or placement) is entitled to only four (4) workweeks of unpaid leave.

9.7.2.4.9 Spouses or designated individuals, both of whom are employed by the Employer, are limited to a combined total of twelve (12) workweeks of unpaid leave during any twelve (12) month period for the birth/care of their child, placement of their child for adoption or foster care, or for the care of a parent with a serious health condition. However, each employee may use up to twelve (12) workweeks of unpaid leave during any twelve (12) month period to care for her/his child or spouse or designated individual who is suffering from a serious health condition, or if the leave is necessitated by the employee's own serious health condition.

9.7.2.4.10 An eligible employee who foresees that he/she will require a leave for the birth/care of a child or for the placement of a child for adoption or foster care, must notify, in writing, the Head of Human Resources, or designee, not less than thirty (30) calendar days in advance of the start date of the leave. If not foreseeable, the employee must provide as much written notice as is practicable under the circumstances.

9.7.2.4.11 An eligible employee who foresees the need for a leave of absence due to planned medical treatment for herself/himself, her/his spouse, designated individual, child or parent, should notify, in writing, the Head of Human Resources, designee, as early as possible so that the absence can be scheduled at a time least disruptive to the Employer's operations. Such an employee must also give at least thirty (30) calendar days' written notice, unless impractical in which case the employee must provide as much written notice as circumstances permit.

9.7.2.4.12 If the requested leave is to care for a spouse, designated individual, child, or parent who has a serious health condition, the employee may be required to file with the Employer in a timely manner a health care provider's statement that the employee is needed to care for the child, spouse, designated individual or parent and an estimate of the amount of time that the employee is needed for such care.

9.7.2.4.13 If the requested leave is because of a serious health condition of the employee which renders her/him unable to perform the functions of the employee's position, the employee may be required to file with the Employer the physician's or health care provider's statement as allowed by the FMLA.

9.7.2.4.14 Leaves taken under Sections 9.7.2.4.2 (a) or 9.7.2.4.2 (b) above shall not be taken intermittently unless the Employer and the employee agree otherwise. Subject to the limitations and certifications allowed by the FMLA leaves taken under Sections 9.7.2.4.2 (c - e) may be taken intermittently or on a reduced leave schedule when medically necessary; provided, however, that where such leave is foreseeable based upon planned medical treatment, the Employer may require the employee to transfer temporarily to an available alternative position offered by the Employer for which the employee is qualified and that has equivalent pay and benefits and better accommodates recurring periods of leave than the employee's regular position.

9.7.2.4.15 An employee on an approved leave under this article must report to the Head of Human Resources, or designee, every four (4) workweeks regarding her/his status and intent to return to work upon conclusion of the leave.

9.7.2.4.16 In any case in which the Employer has reason to doubt the validity of the health care provider's statement or certification for leaves taken under Sections 9.7.2.4.2 (c - e), the Employer may, at its expense, require second and third opinions as specified by the FMLA to resolve the issue.

9.7.2.4.17 The provisions of this article are intended to comply with the Family and Medical

Leave Act and any terms used from the FMLA will be as defined in the Act. To the extent that this article is ambiguous or contradicts the Act, the language of the act will prevail. Except as expressly provided in this article, these FMLA provisions do not impair any rights granted under other provisions of this agreement.

9.7.2.4.18 Additional information regarding the updates to the law and guidance to employees and employers can be accessed at: https://www.dol.gov/general/topic/benefits-leave/fmla . For any questions regarding the FMLA leave of or its process, contact Human Resources.

CHAPTER 10     DISCIPLINE

10.1 Corrective action may be taken with respect to any employee covered by the NonRepresented Handbook, provided there is a reasonable rationale related to the operation of the University for imposing the discipline, and the discipline administered is appropriate in light of the inappropriate behavior and the employment history of the employee.

10.2 Types of Action. Warnings, reprimands, suspensions, docking of pay, and discharge are among the various types of actions which may be imposed.

10.3 When possible, the supervisor will discuss, in private, corrective actions with the employee at the time the action is being taken.

10.4 Employees shall be given a copy of any corrective action which is placed in the employees' personnel file. Reasonable efforts shall be made to ensure the employee receives such copies prior to the time they are delivered to Human Resources for filing.

10.5 An employee may be placed on suspension during a disciplinary investigation. Such a suspension with or without pay shall occur only after the employee has been given notice. During the investigation, the employee will be given the opportunity to respond to the charges.

10.6 Non-represented employees receiving corrective action, who believe the action was not appropriate, may challenge the disciplinary action in accordance with the provisions of Chapter 12. 

CHAPTER 11     SEVERANCE OF EMPLOYMENT

11.1 Nonrenewal. The employment relationship between the University and an employee appointed on a Term or Year-to-Year basis, as defined in Chapter 3, shall terminate as of the end date of the appointment without any notice other than is contained in the then current Employment Agreement.

11.1.1 Nonrenewal of an appointment cannot be challenged by the employee.

11.2 Resignation. Covered employees are asked to notify the University in writing at least thirty (30) calendar days in advance of the effective date of the resignation so NMU can plan around departure. The letter of resignation must be submitted to the department or division head.

11.3 Discharge. Employees being discharged for conduct violations following corrective actions outlined in Chapter 10 will be given the reason for discharge and will receive a copy of the discharge letter that will be placed in the personnel file.

CHAPTER 12     DISPUTE RESOLUTION

12.1 Dispute Resolution Process. This Dispute Resolution Process is available to non-probationary Senior Administrators, Senior Management and Coaches for review of decisions affecting their employment. This process is not to be used for matters relating to position classification, EO/Title IX, performance evaluation, or salary. This procedure is not applicable when a policy specifically excludes a decision from being reviewed under this procedure.

12.2 Informal Dispute Resolution Process. The employee should discuss concerns with decisions affecting their employment with the immediate supervisor for the purpose of attempting to develop a satisfactory solution. This must be done within seven (7) calendar days from the date of the occurrence causing the concern or from the date the employee became aware of the issue. If no satisfactory resolution is effected at this level, the employee may elect to file a formal complaint about the decision by following the process outlined:

12.3 Formal Dispute Resolution Process

12.3.1 Step 1 - Supervisor/Department Head

12.3.1.1 Within fourteen (14) calendar days from the date the employee became aware of the issue or after discussion of the matter with the immediate supervisor in the informal process, the employee shall put his/her concern(s) in writing and submit it to the immediate supervisor. A copy shall be submitted to the head of the department, the Head of Human Resources or designee and any intermediate level of supervision between the immediate supervisor and the department head.

12.3.1.2 If the employee reports directly to one of the Vice Presidents or the President, he/she may initiate the procedures at Step 2.

12.3.1.3 Upon receipt of the written concerns, the immediate supervisor will meet with the employee and discuss the matter. The immediate supervisor will consult with the head of the department, the Head of Resources or designee and other intermediate levels of supervision as deemed necessary. Within twenty-one (21) calendar days of receipt of the written concern, the immediate supervisor will give a written response to the employee and send a copy to the Head of Human Resources or designee and the head of the department.

12.3.2 Step 2 - Vice Presidents/President

12.3.2.1 If the employee is not satisfied with the decision of the immediate supervisor, he/she may appeal the decision by submitting a written appeal to the appropriate Vice President (or the President for employees working for the President's Office) and the Head of Human Resources or designee within seven (7) calendar days of receiving the immediate supervisor's response. This appeal should include copies of the original appeal, the supervisor's answer, and the employee's response to the supervisor's answer, if any. The appropriate Vice President/President will meet with the employee and discuss the complaint. The Vice President/President may consult with the head of the department, the Head of Human Resources or designee and other individuals as deemed necessary. Within fourteen (14) calendar days of receipt of the appeal, the appropriate Vice President/President will give a written response to the employee. The decision of the Vice President/President is the final step of this appeal process.

12.4 Extensions of Time

12.4.1 The parties may modify any period of time by mutual agreement.

12.4.2 Failure by the employee to appeal a resolution from one step to the next shall result in the resolution being settled on the basis of the University's last answer.

12.5 Resolution

12.5.1 Any resolution agreed upon by the University and the employee at any stage of the dispute resolution process will conclusively be considered resolved and shall be binding upon the University and the employee.

Appendix

As of January 1, 2016, the University is offering the Community Blue PPO with ECM $2000/$4000 plan. Details regarding this plan can be found at https://nmu.edu/hr/benefits .