Central Washington University | CWUP 6-40 Separation From Employment

Separation From Employment

6-40-010 Abandonment of Position -- Presumption of Resignation
6-40-020 Disability Separation
6-40-030 Notice of Separation (without stated cause)
6-40-040 Resignation or Retirement
6-40-050 Termination Due to End of Outside Agency Funding
6-40-060 Termination Due to Expired Work Authorization
6-40-070 Termination for Cause by University
6-40-080 Termination or Reduction of Employment, Due to Financial Necessity or Program Discontinuance

CWUP 6-40-010 Abandonment of Position - Presumption of Resignation

An employee may be presumed to have resigned when there has been an absence without authorized leave from the job for a period of five consecutive working days.

[EEAGB: 4/7/08; BOT: 6/6/08; BOT: 2/09; BOT: 6/09: Responsibility: CFO/BFA; Authority: President’s Office; Reviewed/Endorsed Cabinet/PAC;
Review/Effective Date: 9-5-12; Approved by: James L. Gaudino, President]

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CWUP 6-40-020 Disability Separation

An exempt employee who becomes permanently unable to perform the essential functions of the assigned position due to a disability may be separated from employment after the university has made a good faith effort to provide for reasonable accommodation in accordance with existing state and federal law. This determination shall be made after an appropriate review of the circumstances in accordance with CWUP 2-35 Equal Opportunity Policies and Programs. The notice requirements contained in CWUP 6-40 (Separation from Employment) shall not apply.

[EEAGB: 4/7/08; BOT: 6/6/08; BOT: 2/09; BOT: 6/09:Responsibility: CFO/BFA; Authority: President’s Office; Reviewed/Endorsed Cabinet/PAC;
Review/Effective Date: 9-5-12; Approved by: James L. Gaudino, President]

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CWUP 6-40-030 Notice of Separation (without state cause)

(1) All exempt employees shall be subject to separation from university employment upon notice or severance payment in accordance with this section unless other provisions are provided for within an employment contract approved by the president/designee. The exempt employee will be informed of the separation decision in writing.

(2) Employees Hired Prior to July 31, 2012-Notice of a decision to separate an exempt employee appointment, shall be given according to the following schedule:

(A) At least ninety calendar days before the specified separation date during the first year of service in the current position.

(B) At least one hundred eighty days before the specified separation date during the second through fifth years of service in the current position.

(C) At least three hundred sixty five days before the specified separation date during the sixth year or subsequent years of service in the current position.

(3) Employees Hired August 1, 2012 or later – Notice of a decision to separate an exempt employee shall be provided at least ninety calendar days before the specified separation date.

(4) The university may assign other duties and responsibilities to an employee who has been notified of separation for any or all of the period of notice at the employee’s current salary. The university may also schedule the use of all or part of the employee’s accrued annual leave during the period of notice, unless the employee is eligible and elects to retire on or before the effective date of separation.

(5) The university shall have the option to inform the employee that severance pay may be granted instead of performing services during the notice period. This severance pay will be based on the employee’s prescribed monthly salary prorated for the number of days of otherwise required notice.

(A) Upon the university’s election of this option, leave accruals, employer-paid contributions toward employee insurance and retirement plans, and all other employee benefits shall cease. However, for each calendar month that active employee medical and dental insurance coverage is not provided, the severance pay will also include an amount equivalent to the monthly cost of the employee’s continuing, on a self-pay COBRA basis, the current active state medical and dental insurance (including currently covered dependents), minus the amount the employee would have paid had the employee continued active coverage.

(B) An employee on less than a twelve - month work schedule will not be granted severance pay for the period when he or she would not have been in pay status. However, the employee will receive payment for medical and dental insurance self-coverage for the entire severance pay period.

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CWUP 6-40-040 Resignation or Retirement

An exempt employee should provide written notice of a resignation or retirement.

The university may schedule the use of all or part of a resigning employee’s accrued annual leave before the effective date of separation. This section does not apply to an employee retiring from service at the university in accordance with the provisions of a Washington State retirement system and CWU retirement rules who will be paid for unused annual leave in accordance with CWUP 6-60-010 (Annual Leave).

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CWUP 6-40-050 Termination Due to End of Outside Agency Funding

The notification requirements and other benefits of CWUP 6-40 (Separation from Employment) do not apply to an exempt employee who is separated due to the conclusion of outside funding for the position. However, appointment may be terminated in accordance with the provisions of any section of CWUR 6-40 (Separation from Employment) prior to the expiration of funding.

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CWUP 6-40-060 Termination Due to Expired Work Authorization

The notification requirements and other benefits of CWUP 6-40 (Separation from Employment) do not apply to an exempt employee who is separated due to the expiration of work authorization. However, appointment may be terminated in accordance with the provisions of any section of CWUP 6-40 (Separation from Employment) prior to the expiration of authorization to work.

[EEAGB: 4/7/08; BOT: 6/6/08; BOT: 2/09; BOT: 6/09: Responsibility: CFO/BFA; Authority: President’s Office; Reviewed/Endorsed Cabinet/PAC; Review/Effective Date: 9-5-12; Approved by: James L. Gaudino, President]

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CWUP 6-40-070 Termination for Cause by University

Except for those reasons listed in CWUP 6-40-080 (Termination or Reduction of Employment Due to Financial Necessity or Program Discontinuance) or action taken in accordance with CWUP 6-40-030 (Notice of Separation (without stated cause)) termination of an appointment may be effected by the institution for cause.

The university may schedule the use of all or part of the employee’s accrued annual leave before the effective date of termination.

If the exempt employee being dismissed for cause elects to dispute the truth of the charges on the grounds that the charges are not adequate cause for dismissal, the employee may have the case reviewed pursuant to CWUP 6-80(Grievance).

The termination date provided by the president or designee shall remain firm, whether or not the termination is disputed. If the disputed termination is decided in favor of the dismissed employee, then the employee shall be reinstated with full retroactive pay from the date of termination, including all accrued benefits.

In the case of dismissal for cause, the notice requirements contained in CWUP 6-40 (Separation from Employment) shall not apply.

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CWUP 6-040-080 Termination or Reduction of Employment, Due to Financial Necessity or Program Discontinuance.

Termination of an appointment or reduction of employment with commensurate
reduction in salary may be effected due to financial necessity, or bona fide discontinuance of a program, administrative or instructional unit, or a departmental function.

Before terminating an appointment because of discontinuance of a program or administrative or instructional unit, the university shall normally make every effort, but shall not be required, to place the affected employee in another suitable position. If employment is terminated because of financial necessity, or because of the discontinuance of a program or administrative or instructional unit, the released employee's position shall not be filled within a period of one year, unless the released employee has first been offered a reappointment and fifteen (15) days within which to accept or decline the reappointment. Such employees shall not be entitled to any severance provision.

Nothing in this section shall be construed as applicable to an exempt employee in a position that is funded fully or in part by an outside agency or source (e.g., grant funded) who is separated from employment due to the expiration of funding for the position. Nor shall this section be applicable to the termination of any exempt employee due to expiration of work authorization. Such employees shall not be entitled to any severance provision

[EEAGB: 4/7/08; BOT: 6/6/08; BOT: 2/09; BOT: 6/09: Responsibility: CFO/BFA; Authority: President’s Office; Reviewed/Endorsed Cabinet/PAC; Review/Effective Date: 9-5-12; Approved by: James L. Gaudino, President]

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