Employment

EMPLOYMENT DEFINITIONS

Base Salary: The amount of salary paid annually to an employee, excluding any annual increment earned. Total salary is base salary plus any increment earned.

Casual Employee: A casual employee position is a position created to meet specific operational needs at an institution for no more than 225 hours in a 12-month period. Individuals in a casual employee position are not eligible for benefits, are not covered by the classification program and are not considered "internal" candidates for purposes of hire, transfer or promotion.

Classified Employee: An employee who is covered by the provisions of the classification program.

Demotion: Movement from a position requiring a certain level of skill, effort and responsibility to a vacant or newly created position assigned to a different job title and lower pay grade requiring a significantly lesser degree of skill, effort and responsibility.

Downgrade: A reassignment of the employee's current position to a job title assigned to a lower pay grade as a result of a significant reduction in the existing position's duties and responsibilities. When a position is downgraded, the employee does not move to a different position in a lower pay grade. Rather, it is the employee's position that is moved to a lower pay grade because of a significant decrease in the position's existing responsibilities as determined by job evaluation. When a downgrade occurs to an employee occupying a title held by more than one individual, the position's current title will be changed to a different title in the lower pay grade. When a downgrade occurs to an employee occupying a title exclusively assigned to that position, the current title may or may not be revised depending upon how relevantly the current title describes the position.

Exempt: Position not covered by the Fair Labor Standards Act (FLSA) for overtime purposes.

Fair Labor Standards Act: The FLSA mandates minimum wage, overtime pay, and recordkeeping requirements, and restricts child labor. These requirements apply to all state and local government employees, except certain employees excluded from the FLSA definition of the term "employee" and those employees who may qualify for exemption from the requirements of FLSA.

The FLSA is administered by the U.S. Department of Labor's Wage and Hour Division. If you have specific questions about the requirements of FLSA, contact the Wage and Hour Division's nearest office for answers to your questions.

FTE: Full-Time Equivalency refers to the number of work hours assigned to a position. A 1.00 FTE position is assigned 37.5 hours per week. Part-time assignments are calculated on a percentage of the 37.5 hours per week. The FTE terminology is also used in budgeting of positions and allocation of funds.

Internal Candidate: All current M.U. full- and part-time regular employees are considered internal candidates when applying for positions and are guaranteed an interview if they meet the minimum requirements for the position. Casual, temporary and student employees are not considered "internal" candidates for purposes of hire, transfer or promotion.

Nonexempt: A position which is entitled to overtime benefits as outlined in federal and state law.

Part-time Regular Employee (PTR): An employee in a position created to last less than 1,040 hours during a 12-month period. An employee in a part-time regular position is not eligible for benefits, but is covered under the classification program.

Promotion: Movement from a position requiring a certain level of skill, effort and authority to a vacant or newly created position assigned to a different job title and higher pay grade requiring a greater degree of skill, effort, and authority.

Qualified: An applicant with the appropriate education, experience and skills required to be hired, transferred, or promoted into a particular position.

Student Employee: An employee enrolled at the institution as a student and whose primary purpose for being at the institution is to obtain an education. A student employee is not eligible for benefits, is not covered by the classification program and is not considered to be an "internal" candidate for the purposes of hire, transfer or promotion.

Temporary Employee: An employee hired into a position expected to last fewer than nine months of a 12-month period regardless of hours worked per week. A temporary employee is not eligible for benefits, and not considered to be "internal" for purposes of hire, transfer or promotion. Temporary employees are covered by the classification system.

Transfer: Movement from one position or job title to another position or job title requiring the same degree of skill, effort and authority. Both positions are in the same pay grade.

Underutilization: An analysis conducted by the affirmative action officer to determine whether minorities or women are employed in a job group at a rate that is consistent with availability of qualified minorities or women in the job market.

Upgrade: An advancement of the employee's current position to a higher pay grade as a result of a significant change in the position's existing duties and responsibilities. When a position is upgraded, the employee does not move to a different position in a higher pay grade. Rather, it is the employee's position that is moved to a higher pay grade because of a significant increase in the position's existing responsibilities, as determined by job evaluation. When an upgrade occurs to an employee occupying a title held by more than one individual, the position's current title shall be changed to a different title in the higher pay grade. When an upgrade occurs to an employee occupying a title exclusively assigned to that position, the current title may or may not be revised depending upon how relevantly the current title describes the position.

 EMPLOYMENT POLICY

INTRODUCTION
Recruitment and selection of employees are two important functions of a supervisor. Employees and supervisors need to be fully aware of the responsibilities involved with selecting new employees, as well as the applicable policies and procedures.

 POLICY ON EQUAL OPPORTUNITY/AFFIRMATIVE ACTION
It is the policy of Marshall University to provide equal education and employment opportunities for prospective and current members of the student body, faculty and staff on the basis of individual qualifications and merit. In order to ensure equal opportunities for all,
  • Marshall University prohibits discrimination based on race, color, sex, sexual orientation, religion, age, national origin, veteran status, or disabilities.
  • Marshall University will take affirmative action to employ, advance in employment and otherwise treat without discrimination qualified women, minorities, individuals with disabilities, disabled veterans, and veterans of the Vietnam era.
  • Marshall University does not affiliate with nor grant recognition to any individual, group or organization having policies or practices that discriminate on the basis of race, color, sex, sexual orientation, religion, age, national origin, veteran status or disabilities.

ROLE OF EQUITY PROGRAMS
The Director of Equity Programs will evaluate and ensure compliance of the University with federal, state and university regulations pertaining to Equal Employment Opportunity and Affirmative Action.

 ROLE OF HUMAN RESOURCES
The Human Resources staff is prepared to assist and advise the Hiring Official in all levels of the hiring process. The University is committed to finding the best qualified employees while adhering to the university's affirmative action goals.

 ROLE OF HIRING OFFICIAL
The Hiring Official has the responsibility for screening, interviewing and recommending candidates for hire. The Hiring Official is responsible for working with both the Human Resources and Equity Programs offices to complete the hiring process.

 HIRING PROCESS

RESPONSIBLE PARTIES

Director of Equity Programs will approve the selection of the recommended candidate.

The Hiring Official will

  • Work with Human Resources and Equity Programs throughout the hiring process;
  • Verbally offer the position to the successful candidate and follow up in writing;
  • Respond in writing to the unsuccessful candidates; and
  • Prepare a Personnel Action Request form (PAR) to initiate the hire, transfer, or promotion.

Human Resources will provide information regarding entry rate salaries or calculation of the promotional salary amount.

 SALARY ADMINISTRATION

POLICY
The assignment of salary shall be based on the salary schedule established by the Board of Trustees and approved by the West Virginia Legislature. No regular employee shall be paid less than the approved entry rate established for his/her pay grade.

 INTERIM SALARY ADJUSTMENT
When employees assume additional duties and responsibilities on a temporary basis, they are entitled to receive an interim salary adjustment. The temporary assignment must be for a period of at least four weeks but no longer than twelve months.

Interim salary adjustments do not affect a position's job title and salary; there is no change in classification. After the temporary assignment is over, the employee's salary reverts to the original amount.

 ABOVE ENTRY RATE EMPLOYMENT OFFERS
Offers of employment above the normal entry rate may be made under certain conditions. Requests for hiring exceptions shall be submitted to Human Resources for review and approval by the president or the president's designee. Review of exceptions shall be made by the Job Evaluation Committee (JEC). Please contact the department of Human Resources for specific details.

 ANNUAL EXPERIENCE INCREMENT
Commencing with the fiscal year beginning on the first day of July, each classified employee with three or more years of full-time state experience shall receive an annual salary increase equal to $50.00 times the employee's years of experience. This annual salary increase does not include any other salary increases which may be granted.  The annual experience increment will be paid to the employee in a lump sum.

 EQUAL PAY ACT OF 1993
This act ensures that all employees performing similar work shall receive equal pay when their jobs require equal skill, effort and responsibility as defined in the law.

It also provides pay differentiations based on individual qualifications, merit and longevity.

 PROBATIONARY PERIODS

POLICY
New employees are required to complete an initial probationary period of six months.

 PURPOSE

  • To allow the university sufficient time to evaluate the new employee's capability of performing assigned duties and responsibilities; and
  • To permit the employee sufficient time to assess the University as an employer.


CONDITION OF EXTENSION
Under special circumstances, a probationary period may be extended up to three additional months, subject to approval from the Director of Human Resources. If this extension is deemed necessary, the following procedure must occur:

  1. Prior to the end of the original probation period, the supervisor should consult with the Director of Human Resources regarding the need for additional probationary time.
  2. Once the Director of Human Resources approves extending the probationary period, the employee will be informed in writing.
  3. The supervisor must provide the employee counseling and a written, planned program covering a specified time to achieve outlined goals and objectives.

TERMINATION UNDER PROBATION

  • A new employee may be terminated at any time during the probation period for cause. The employee will be notified in writing regarding the reason for termination and a copy of the notice MUST be on file in the Department of Human Resources.
  • Any employee has the right to due process as defined in the grievance procedure, which would include the right to request a pre-termination conference.

TRANSFERS AND PROMOTIONS

POLICY
It is the policy of Marshall University to promote from within whenever possible. To implement this policy, Classified Staff employees who make timely bids for recruiting vacancies and who meet the minimum qualifications are guaranteed an interview for either Fair Labor Standards Act (FLSA) non-exempt or exempt Classified Staff positions.

ELIGIBILITY
Employees may not apply for transfer or promotion during a probationary period without written permission from their immediate supervisors.

 EMPLOYEE'S RESPONSIBILITY

  • If an employee is interested in transfer or promotion, it is the employee's responsibility to apply for vacant positions when they are advertised.
  • It is the employee's responsibility to assure that his/her university application is accurate and up-to-date. Applicants whose files are not completed by the posted deadline will not be considered.

HUMAN RESOURCES' RESPONSIBILITY
It is the responsibility of the Director of Human Resources to ensure compliance with this policy. A representative of the Department of Human Resources is available to counsel employees regarding employment goals at Marshall University. Employees interested in more information can contact Human Resources.

 TRANSFER PROCEDURE

  • An employee would apply for a VOLUNTARY TRANSFER through the normal application process.
  • An ADMINISTRATIVE TRANSFER occurs only if it is in the best interest of the employee, the department, and the university.
Salary
 According to Higher Education Policy Commission Procedural Rule Series 8, no change of base salary as a function of a transfer may occur.

PROMOTION PROCEDURE
An employee should apply for promotional opportunities through the normal employment application process.

Salary
If selected for a position in a higher pay grade, the employee will receive an increase of five percent (5%) per pay grade or the entry rate of the new pay grade, whichever is greater.

EXEMPT POSITIONS
All qualified internal promotion and transfer candidates will be guaranteed an interview for Classified exempt positions subject to the approval of Director of Equity Programs.

NONEXEMPT POSITIONS No Underutilization

  1. If the position is a nonexempt classified vacancy and the Director of Equity Programs determines that there is no underutilization of females or minorities, the position will be advertised within the institution only.
  2. All qualified employees within the applicant pool will be interviewed and the best qualified internal candidate hired.
  3. In instances where employees are equally qualified, the employee with the greatest amount of continuous seniority at Marshall University shall be awarded the position.
  4. This rule applies only in a transfer or promotion to an open position.
Underutilization
  1. If the position is a nonexempt classified vacancy and the Director of Equity Programs determines that there is an underutilization of females or minorities, the position will be advertised locally or regionally.
  2. Once the position is advertised, the Equal Opportunity laws require that all qualified candidates be given fair consideration for the position. Current qualified employees will be guaranteed an interview.

DEMOTIONS

 PROCEDURE
A demotion may be voluntary or involuntary (the result of a disciplinary action) when an employee moves from one position to another. The newly assigned position will have a different job title and lower pay grade and will require a lesser level of skill, effort, and responsibility.

SALARY
Upon demotion, the employee's base salary is decreased five percent (5%) per pay grade.

STAFF PERSONNEL FILES

 PURPOSE
To maintain an official record of employment history, educational background and emergency contact information for all classified and non-classified employees at Marshall University.

LOCATION
 Personnel files for all classified and non-classified employees at Marshall University are maintained by the Department of Human Resources. (Faculty personnel files are maintained in the Academic Affairs Office and in the School of Medicine Dean's Office.)

ACCESS BY EMPLOYEE

  1. An employee may examine his/her own file and the contents therein except for materials which were gathered with the employee's prior agreement to forfeit his/her right of access, such as some references.
  2. A copy of any material in the personnel file, except as noted above, shall be provided to an employee upon request. A small fee for copying may be charged.
  3. An employee may review his/her personnel file by scheduling an appointment with the Department of Human Resources.

IDENTIFICATION
An employee must present his/her Marshall University Identification Card for verification purposes. The date and time of each review shall be recorded.

REMOVAL OF DOCUMENTS
Employees must petition Human Resources to request that documents be removed from their personnel files.

ACCESS BY OTHER UNIVERSITY PERSONNEL
Within the university, hiring officials may only review past performance appraisals and any disciplinary action documents when interviewing and selecting employees.

WORKING HOURS

 POLICY

  • The hours per week a person will be required to work are established based on the needs and requirements of each department.
  • Employees will be informed about details of their work schedules by their supervisors.

WORK WEEK
The work week is a regularly recurring period of one hundred sixty-eight (168) hours in the form of seven (7) consecutive twenty-four (24) hour periods. It begins at 12:01 a.m. on Sunday and ends at 12 midnight the following Saturday. The institutional president or the president's designee may establish a work week different from this, provided that record keeping requirements are met, as set forth in relevant law. A work schedule of thirty-seven and one-half (37 1/2) hours will be established within a work week.

  1. NON-EXEMPT employees in regular, full-time positions are normally required to work 37.5 hours per week, generally consisting of five 7.5 hour days. Typically, University offices are open Monday - Friday, 8:00 a.m. to 4:30 p.m.
  2. SHIFT WORK may be required in some areas, such as Public safety, Physical Plant and Auxiliary Services. These areas may require 24-hour coverage seven days a week and employees may work varied days and shifts.
  3. EXEMPT employee are excluded from the provisions of the Fair Labor Standards Act. Employees in this status typically work a 7.5 hour day but may be required to work additional and/or varied hours.

LUNCH PERIODS
Every employee must have a meal break when working a 7.5 hour day. The normal time frame is one hour, but it may not be less than 30 minutes.

BREAKS
The 7.5 hour work day includes a 15-minute rest period each morning and each afternoon or each half shift of work.

  • The scheduling of these periods is arranged with the supervisor and he/she must be able to locate the employee if necessary.
  • Time granted for rest periods does not accrue nor can it be used to extend an employee's lunch period by leaving early or returning later than the regularly scheduled time.
  • Breaks must be taken separately and may not be combined.

OVERTIME POLICY

 ELIGIBILITY
Any non-exempt employee.

STRAIGHT TIME
In accordance with federal and state law, the first forty (40) hours worked are compensated at straight time, hour for hour.

OVERTIME CALCULATION

  • Overtime does not commence until forty (40) hours have actually been worked within one (1) work week.
  • Only actual hours worked are included in calculating overtime. Pay which is received for holidays, annual leave, sick leave, or work release time, is not counted as working hours for purpose of overtime.
  • Overtime pay is calculated at the rate of one and one-half (1 1/2) times the regular hourly rate. Contact the Payroll Office for specific calculations.

OVERTIME ASSIGNMENT
When possible, overtime will be distributed equally among all full-time regular employees within a group or department. When work schedules require overtime for a given job classification, university practice states that overtime opportunities will be offered to those employees who are performing the same or similar work and who desire the overtime.

Overtime must be approved by the employee's supervisor before it is worked.

If a department finds it necessary to call employees in for overtime assignments, it will follow a seniority-based system. After every person who is asked to work refuses the assignment, the least senior person on the list will be required to accept the overtime.

All non-exempt employees are expected to work overtime during emergencies unless they are excused for valid reasons.

COMPENSATORY & HOLIDAY PREMIUM TIME

 PURPOSE
To provide compensation for employees who are required to work on any designated Board of Trustees or university holiday OR beyond their regularly scheduled work hours.

COMPENSATORY TIME

  1. Time off shall be allowed only to the extent authorized by federal and state laws.
  2. A non-exempt employee required to work in excess of his/her regular daily work schedule shall be given compensatory time off as follows:
    • Up to 40 hours, he/she is eligible for compensation equal to the actual hours worked beyond the normal 37.5 work hours.
    • Beyond 40 hours, compensatory time off may be given at the rate of one and one-half times the number of hours actually worked.
  3. While the decision as to whether overtime must be worked is the supervisor's, the decision as to whether an employee will receive overtime pay or compensatory time off must be by mutual agreement, and decided prior to performance of the work.
  4. Use of compensatory time must be scheduled and approved by the employee's supervisor so as not to disrupt the operation of the institution or work unit. The compensatory time must be used within a 12-month period.
  5. If the employee is transferring to another position, the compensatory time earned must be used before the transfer.

HOLIDAY PREMIUM TIME
When a full-time or part-time classified non-exempt employee is required to work on any designated board or institution holiday, that employee at his/her option shall receive regular pay for that holiday plus substitute time off or additional pay at the rate of one and one-half (1 1/2) times the number of hours actually worked. The time off must be used within a 12-month period following the holiday.

When an exempt employee is required to work on any designated board or institution holiday, that employee shall be given substitute time off on an hour-for-hour worked basis.

CALL-BACK PROCEDURES

PURPOSE
In the event of critical need, certain employees may be required to report to work or temporarily reside on campus to ensure human safety and preservation of university property and/or facilities. The time is compensable.

EMERGENCY CALL-BACK

  • When a non-exempt employee is called back to work after completing a regular work schedule, "call-back" compensation guarantees a minimum of four hours of pay. The employee will receive compensatory time off or pay for the four hours.
  • If an employee is called back more than once during a 24 - hour period, the four-hour minimum applies only to the first instance. Subsequent call-outs will be paid on an actual hours worked basis.

ON-CALL STATUS

  • If the employee must remain on the University's premises or is unable to use the time freely, the time is compensable.
  • If the employee can come and go freely, even though a telephone number must be available where he/she can be reached, the time is excluded from hours worked (Fair Labor Standards Act).

RESIGNATION

PURPOSE
Proper notification of resignation allows a department time to begin the recruitment and/or training procedures required to ensure efficient operation. Failure to provide appropriate written notice may result in the employee being considered ineligible for future employment with Marshall University.

POLICY

  • To resign with proper notice, the non-exempt classified employee is expected to submit a written notice of at least two weeks in advance of the last working day.
  • A one-month written notice is expected for exempt employees.

WAIVER
Upon mutual agreement between the resigning employee and the supervisor, the two-week or one-month notice may be abbreviated or waived.

ACCRUED LEAVE
A resignation is effective the last working day that the individual will be on duty. If circumstances require that an employee resign before he/she has the opportunity to use all accrued vacation, payment will be made covering the value of the remaining vacation time as specified in Chapter 5, Article 5, Section 3 of the West Virginia Code:

  1. Lump sum payment (payable in final check).
  2. Employee may remain on the payroll until all annual leave is exhausted; however, he/she is not entitled to any pay for holidays which may occur during that time period.
  3. There will be no payment for accrued sick leave upon resignation.

JOB ABANDONMENT
Any employee who is absent from duty for three consecutive work days, without proper notification to or authorization by the supervisor, shall be considered to have resigned his or her position.

EXIT INTERVIEW

PURPOSE

  • To review and finalize benefit options.
  • To provide the employee with the opportunity to evaluate his/her employment experience at Marshall University.
  • To return University property assigned to the employee.

EMPLOYEE'S RESPONSIBILITY
Employees who are leaving should schedule an appointment with the Benefits Counselor at the time they submit their resignation.

EMPLOYMENT OF MINORS

PURPOSE
The Fair Labor Standards Act (FLSA) has child labor provisions that regulate the minimum age and maximum hours that govern the employment of minors in certain occupations. These regulations are meant to provide protection from employment which may be hazardous or detrimental to a minor's health and well-being. Federal and state law defines a minor as anyone who is under 18 years of age.

RESTRICTIONS
Youths who are 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs under the following conditions:

MAXIMUM HOURS WHEN SCHOOL IS IN SESSION: 3 hours/day 18 hours/week
MAXIMUM HOURS WHEN SCHOOL IS NOT IN SESSION: 8 hours/day 40 hours/week

Minors (age 14-15) must have a work permit before beginning employment. It is the responsibility of the minor to provide the approved work permit. A work permit can be obtained from the Board of Education that has jurisdiction over the school that the minor attends.

  • Minors aged 16 or 17 have no work hour restrictions.

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