CWUR 3-40

CWUR 3-40-010 Background Check

(1) General information

(A) In order to determine an applicant's suitability for employment, Central Washington University conducts various background checks including a criminal records investigation of candidates selected for hire for all civil-service, faculty, and exempt positions, including volunteers. The university encourages departments, supervisors, and/or appointing authorities to conduct non-criminal background investigations such as reference checks, verification previous employment and/or educational credentials, etc., prior to making any offer of employment.

(2) Definitions – for purposes of this procedure and the associated policy

(A) Conviction: Conviction includes a guilty verdict, guilty plea, or “no contest” plea.

(B) Driver’s abstract: An official driving record from an authorized state agency that contains a history of violations, convictions, collisions, and departmental actions incurred by a driver over a period of time is a driver’s abstract.

(C) Fair Credit Reporting Act (FCRA) – FCRA is a federal law that governs the use of information gained by consumer reporting agencies such as one of the credit bureaus or a third-party criminal background check company.

(D) Fair Chance Act (FCA) is a Washington State law (RCW 49.94) designed to protect job applicants with a criminal record so they may fairly compete for job opportunities for which they are otherwise qualified.

(E) Volunteer: For the purpose of this policy, volunteer is defined as an individual performing university work.

1. That requires the individual to have unsupervised access to children under sixteen years of age or developmentally disabled persons or vulnerable adults, or

2. That requires the individual to have unsupervised access to cash, credit cards, or financial transaction data, or

3. Where there exists a grant or statutory requirement to possess a criminal background check on individuals assuming the position.

(3) Criminal background checks

(A) An offer of employment may be made prior to the completion of the criminal background check being completed as long as human resources concurs and the offer is contingent upon a satisfactory background investigation being completed. All criminal background checks are done in compliance with FCA.

(B) University police will conduct criminal background investigations for their own new, rehired, and transferring sworn officers, based upon their own policies and procedures.

(C) All information derived from criminal background checks is confidential and to be used solely for the purpose of determining the suitability and competence of applicants or employees. Only essential personnel involved in the hiring process (including the administrative line up to the president) may, on a need to know basis, have access to information from criminal background investigations. Those who violate the terms of confidentiality shall be subject to disciplinary action up to and including termination. The authorization forms and reports received shall be maintained by human resources.

(D) Except where employment of a convicted felon is expressly prohibited by law, previous criminal convictions do not automatically disqualify applicants from consideration for employment with the university. A decision to bar employment in one position does not necessarily bar employment in all positions.

(E) When determining whether a criminal conviction shall bar employment in a specific position, human resources, in consultation with the hiring department will, at a minimum, consider these factors:

1. The nature of the position. 

2. The nature of the crime in relation to the position.

3. The time elapsed since the conviction.

4. The frequency and severity of the crime(s).

5. The age of the individual at the time of conviction.

6. The relationship between conviction and previous employment.

7. The individual's employment history and references, and

8. The accuracy of the information provided by the applicant.

(F) When an individual, who had been previously employed by the university, is re-hired, a background check will be completed if that individual has had a break in employment of more than one (1) year. A background check may be completed if an individual is rehired in less than one year with appropriate justification.

1.  Misrepresenting or failing to disclose relevant information after a candidate has been determined to be otherwise qualified for the position may disqualify the candidate from employment and may subject a current employee to dismissal.

2. Current employees who are arrested, convicted of a criminal offense (not including minor traffic infractions such as a failure to obey a traffic control device or wear a seat belt, exceeding the speed limit, or inappropriately using a cell phone while driving) or whose professional licenses are suspended after July 1, 2008 are required to report the event to their immediate supervisor within 3 days of the event. The immediate supervisor will notify human resources within 3 days of receiving notice.

(G) Methodology for conducting background investigations

1. Notification of requirement for completing the form, Authorization for Background Inquiry, is designated on all position postings.

2. Applicants authorize a criminal background check when submitting their application. An applicant who refuses to complete, sign and/or submit the authorization form cannot be considered for hire.

3. Upon notification of the selected candidate(s), human resources will complete a national search for information related to arrests and convictions. 

4. Human resources will review the criminal background investigation report, and if there are no convictions, will notify the hiring department that an offer of employment may be made. If there are conviction(s) listed or if an applicant self-reports a conviction that does not appear on the report, human resources will review the information to determine if an offer of employment is appropriate.

5. Notification of a denial of employment based on a background review will be in compliance with applicable state and federal laws.

6. Completed Authorization for Background Inquiry forms are maintained by the human resources department as required by the university's records retention schedule.

(H) Non-criminal background investigation

1. All aspects of the background check will be conducted prior to extending an offer of employment. It is the responsibility of the hiring department to ensure that non-criminal aspects of the background investigation are conducted. Notification of a requirement for non-routine checks such as credit, social media, driver’s history, etc., will be made at the time of application. The university strongly recommends that the following non-criminal background investigations be conducted as part of the search and hiring process:

a. Verification of academic credentials;
Transcripts received shall be filed:
- with the employee’s personnel file if the applicant is subsequently hired or
- retained as part of the recruitment file if the applicant is not hired.

b. Verification of professional licenses;
A copy of the professional license shall be maintained by:
- the hiring department if the applicant is subsequently hired or
- retained as part of the recruitment file if the applicant is not hired.

c. Reference checks.

(I) For certain positions, the university may also require one or more of the following non-criminal background investigations:

1. Driver’s licenses and driving records (also called abstract): A copy of the applicant’s valid driver’s license will be required on the final candidate for any position that requires the individual to drive a state vehicle assigned to a department as a regular part of their job responsibilities. Annually, the employee will provide proof of an unexpired copy of their current, valid driver’s license. In addition, some positions may require that the applicants submit a copy of their driver’s abstract as part of the recruitment process. 

If an incumbent’s position requires the individual to drive a university-ownedvehicle, assigned to a department, as a regular part of their job responsibilities, or when a dedicated vehicle is provided to the employee for the purpose of conducting university business, the hiring department will maintain a copy of the employee’s valid driver’s license. The department must re-verify eligibility on an annual basis.

All drivers are responsible for reviewing and complying with all requirements of the “Enterprise-Wide Transportation Policy” available.

2. Credit reports: Sensitive financial positions include those with access to, or accountability for, cash or financial assets/accounts, as well as positions having significant access to, or responsibility for, institutional facilities or assets and those with access to multiple credit card numbers (i.e. customer’s credit card numbers). Individuals employed in positions with access to multiple credit card numbers are subject to CWUR 7-70-050 Payment Card Procedures.

If the results of a credit report investigation results in an applicant no longer being considered for a position, the applicant shall be provided a copy of the report and a description, in writing, of their rights under the Federal Trade Commission Fair Credit Reporting Act


[08/14/2008; 03/30/2012; Responsibility: BFA; Authority: Background Check Policy, CWUP 2-30-010; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 06/06/2012; 2/20/2019; Approved by: James L. Gaudino, President]

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CWUR 3-40-020 Certification

Applies to - Non-represented classified employees. Also applies to represented classified employees to the extent that this procedure addresses terms not covered under collective bargaining agreements for represented employees, the terms of this procedure shall prevail.

(1) Purpose

(A) To address requirements of WAC 357-16-125. WAC 357-16 allows employers authority and discretion to carry out activities related to recruitment, candidate assessment, the creation of applicant pools and in determining the number of names certified for position vacancies. This procedure is to be used in conjunction with Central Washington University’s recruitment and hiring processes for civil service employees.

(2) Number of names to be certified

(A) The interest of the Central Washington University and those that we serve is promoted when we hire the best talent available. Therefore, Central Washington University will consider all candidates who meet the competencies and requirements of the position. Eligible candidates who satisfy the competencies and requirements of the position to be filled will be certified in accordance with rules regarding the order of certification.

(3) Process

(A) In consultation with human resources (HR) the hiring official, will identify position-specific education; experience and competencies prior to posting a position vacancy. Prior to closing the announcement, the hiring official in consultation with human resources will assess and determine whether there are a sufficient number of qualified and diverse candidates in the applicant pool. All candidates in the applicant pool who meet the position-specific education, experience and competency requirements will be certified.

(B) After certification, additional screening methodologies may be used to reduce the size of the applicant pool and will be based on the job related competencies and requirements for the position. Screening methodologies may include, but are not limited to, a review of applications or resumes, pass/fail skill tests and supplemental questionnaires.

(4) Certification

(A) The order of certification of names shall be determined as follows:

1. If there are names on the layoff list HR will contact individuals and confirm their interest in the position.  For the individual to be considered a candidate, an on-line application is required.  The following candidates will be referred to the employing official in the following order:

a. Candidates on the internal layoff list who satisfy the competencies and other position requirements;

b. Internal promotional candidates who satisfy the competencies and other position requirements. 

2.  If there are no names on the internal layoff list the following candidates may be referred to the employing official:

a. Eligible internal promotional candidates who satisfy the competencies and other position requirements;

b. Other eligible candidates who satisfy the competencies and other position requirements.

3. Employees who have completed an approved training program and who meet the competencies and other position requirements may also be referred to the employing official. 

(5) Supplemental certification for affirmative action purposes

(A) The university is committed to recruiting broadly for qualified candidates. Because all candidates who meet the minimum requirements for a position as defined above are certified, no supplemental names will be added to the certified pool. Should the pool reflect a minimum number of names, the hiring department will have the option to continue to recruit for candidates.

(6) Veteran’s Preference

(A) If a scored examination is used prior to certification, additional points will be added to the qualifying veteran’s score in accordance with state law (RCW 41.04.010).

(B) If there is no scored examination administered prior to certification, the following individuals shall be referred as part of the certified pool to the employing official as long as the individual satisfies the competencies and other position requirements:

1. Qualifying veterans;

2. Surviving spouses of eligible veterans; or

3. Spouses of honorably discharged veterans who have a service connected permanent and total disability.

(C) This is accomplished as described above under supplemental certification by not limiting the number of applicants who are certified. All candidates who meet the position’s requirements will be certified.

(7) Method of Certification

(A) All eligible candidates who satisfy the competencies and other requirements of the position to be filled will be certified. 

(8) The Interview Process

(A) The applications for all certified candidates must be reviewed and considered before invitations for interviews are extended. The employing official must review screening criteria with human resources prior to determining which candidates will be brought forward for interview.

(B) The employing official is responsible for determining which candidates will be interviewed and for scheduling the interviews or ensuring that the interviews are scheduled. The employing official is required to follow interview processes as outlined in applicable bargaining agreements. The employing official is not required to interview any other candidates.

(9) Removal of Names from Pool

(A) The university may remove an eligible candidate’s name from a certified pool for “good and sufficient” reason (per WAC 357-16-155). The applicant must be notified in writing of the removal from the pool.  The notification shall include the applicant’s right to request a review of the process. (Written notice may be provided using alternative methods such as e-mail, campus mail, the state mail service, or commercial parcel delivery in accordance with WAC 357-04-105.) 

(B) Per WAC 357-16-115, the above does not apply to candidates who are removed during the assessment process for job-related reasons.

(10) Request for Review

(A) An applicant may request a review of the removal from the pool by contacting the Executive Director Human Resources. The request for a review must be received by the university’s human resource department within twenty calendar days following notice of the action for which a review is requested. 

(11) Review Procedure

(A) When a request for review is received the Executive Director Human Resources will assign the review to a human resource representative who was not involved in the action under review. Per WAC 357-16-180, review decisions are final and not subject to further review or appeal.

(12) Reemployment

(A) The university may reemploy, without certification, former permanent status employees under the following conditions: (employing officials should consult with their human resource representative prior to making a reemployment offer)

1.  They submit an application for employment;

2. There are no eligible candidates on either the internal or statewide layoff lists; and

3. The former employee satisfies the competencies and other requirements of the vacant position. 

(13) Disability separated applicants

(A) Former permanent employees of the university who were disability separated shall be treated as internal promotional candidates for certification purposes for up to two years from the date of separation.

(14) Definitions (See WAC 357-01)

(A) Certification: The act of referring eligible candidates to the employing official for further consideration.

(B) Certified pool: Those eligible candidates determined by the employer to be among the best qualified for a position, based on position-specific criteria, who are certified to the employing official.

(C) Eligible candidate: An individual who has successfully completed all assessment requirements for a specific position and is eligible to be considered for the certified pool.

(D) Employing official: An administrative or supervisory employee designated by the appointing authority to exercise responsibility for requesting certification, interviewing eligible candidates, and recommending appointment of individuals to classified positions.

(E) Reemployment: Appointment of a former permanent employee who had permanent status in a class with the same or similar job duties.

(F) Supplemental certification: Increasing the normal certification of names to incorporate persons with disabilities, Vietnam-era veterans, disabled veterans or persons over 40.

[Responsibility: BFA; Authority: Chapter 357-16 of the Washington Administrative Code (WAC), Recruitment, Assessment and Certification; Reviewed/Endorsed by: PAC (3/16/2005); Review/Effective Date: 07/01/2005; 07/01/2008; 03/30/2012; 01/11/19; 04/19/21; Approved by: James L. Gaudino, President]

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CWUR 3-40-030 Education Benefits

Applies to - All university employees. If this procedure addresses terms not covered under collective bargaining agreements for represented employees, this procedure shall prevail.

(1) Eligibility Procedure

(A) Eligible employees are those defined by CWUP 2-30-050 Education Benefits for CWU Staff. Faculty who are hired on a quarter-to-quarter basis and temporary exempt employees become eligible beginning with the second consecutive quarter of employment in a position that is half-time or more. For this section, employment of faculty in spring quarter and the following fall quarter may constitute consecutive employment.  The benefit continues until the end of the quarter during which a recipient is no longer employed by the university. Faculty on courtesy appointments; retired faculty, staff, and exempt personnel; temporary/hourly employees, nonpermanent civil service employees; and undergraduate and graduate assistants, associates, and others holding positions with student status are not eligible for the tuition and fee exemption otherwise offered by the policy.

(B)Full-time cooperative extension service and agricultural research employees of Washington State University stationed off campus (WSU) may also take advantage of this educational benefits policy. Active-duty military stationed at one of the Reserve Officer Training Corps (ROTC) offices on campus (Air Force or Army) and civilian and/or contracted staff members of CWU ROTC programs are eligible for the tuition and fee exemptions offered by the policy.

(2) Registration Procedure

(A) In order to register under this policy, the employee, veteran, or guardsman must contact the Office of the Registrar and submit a Tuition Exemption Request Form. If taking course work under this policy for the purpose of degree completion or certification, the employee, veteran or guardsman must apply to and be admitted by CWU.

(B) Eligibility to register shall be contingent on participants' meeting established academic and administrative requirements of the university and of particular departments and degree programs, including course prerequisites. 

(C) Registration for classes under this program shall begin for CWU employees and ROTC faculty and staff on the second day of instruction each academic term. Registration for all other eligible individuals shall be allowed beginning the third day of instruction each academic term. All registrations must be complete by the end of the add/drop period. Such registrations will be contingent upon space availability at the end of the change of schedule period.

(D) No course that admits students on a space available basis shall be overenrolled, closed, or filled beyond pre-established class limits. The registrar will not honor any special permission to enter a closed course given by an instructor to individuals exercising their educational benefits; therefore, registration for a course by an eligible individual will not be final until the last day of the add/drop period.

(E) All credit hours generated under this policy will be separately accounted for and will not affect formula entitlements.

(3) Fees

(A) A nonrefundable fee will be assessed quarterly to each CWU employee and CWU ROTC faculty and staff to cover the costs of administering the program. 

(B) An individual taking classes under this provision will not pay student fees, other than those associated with a course. CWU employees and CWU ROTC faculty and staff registering for more than eight (8) credits will pay per-credit tuition rates for all credits in excess of eight (8). Guardsmen, veterans, and non-CWU state employees registering for more than six (6) credits will pay per-credit tuition rates for all credits in excess of six (6).

(C) All charges and deposits including special course fees beyond the basic tuition, operating, health, and service and activities fees are the responsibility of and must be paid by the individual.

(D) An individual registering for course work under this policy is not entitled to receive student benefits (e.g., health and counseling center and other services and/or rates).

[10/02/2007; 03/30/2012 Responsibility: Finance and Administration; Authority: Chapters 28B.15.558, 28B.15.621, and 41.04.005 of the Revised Code of Washington (RCW), Education Benefits for CWU Employees, CWUP 2-30-050; PAC (Policy and Procedure Separated 9/5/07); Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 04/06/2016; 06/06/2012; 04/15/2020; 12/27/2022; Approved by: A. James Wohlpart, President]

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CWUR 3-40-035 Education Benefits for CWU Staff Dependents & Retired Staff

Applies to all eligible CWU employee dependents and distinguished retirees or faculty with emeritus standing. To the extent that this procedure addresses terms not covered under collective bargaining agreements for represented employee’s dependents, the terms of this procedure shall prevail.

(1) Eligibility Procedure

Employee dependents, as outlined below, are eligible if the employee has been employed by CWU for more than six months in a position that is half-time or more, including faculty who are hired on a yearly basis. Employee dependent eligibility will continue as long as the employee remains employed by CWU in an eligible position.

Effective July 1, 2019, in the case of a person who has been employed in an eligible position for at least five years, and who dies while so employed, the employee’s dependents will remain eligible for education benefits if they were eligible to receive such benefits at the time of the employee’s death.

(A) Eligible employee dependents include step-children, adopted children, legal dependents and biological children under the age of 26, and dependent partners of the employee.

(B) Retired employees include those who have obtained the status of “distinguished” retirees under CWUP 2-30-030 or faculty “emeritus” status under the Academic Code.

(C) The eligible dependent or retired staff member must be accepted as a student.

(D) Education benefits for staff is found in CWUP 2-30-050.

(2) Registration Procedure

(A) The employee will request the use of this benefit by notifying the Department of Human Resources (HR) of such a request. Once HR receives the appropriate information they will forward notice to the Office of Student Financial Services. Applications must comply with all university registration procedures. Dependents must meet all admissions criteria, file a Free Application for Federal Student Aid (FAFSA), and maintain satisfactory academic progress, as articulated by the Department of Student Financial Services, and a cumulative GPA of 2.0 or higher.

(3) Tuition

(A) CWU will waive up to 50 percent of the tuition fee only; this benefit excludes housing, books and other student fees, for eligible dependents and retired staff. This waiver will be the first waiver to be considered in the identification of education resources available to students.

(B) The waiver of tuition may be used for up to twelve quarters in a five-year period.

Contact the Department of Human Resources with any questions about this procedure and/or its related policy.

[BOT: 03/30/2011; 11/2/2011; 03/02/2012; Responsibility: BFA; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC: 02/11/2015; 04/06/2016; 04/15/2020; Approved by: James L. Gaudino, President]

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CWUR 3-40-040 Employee Leave

(1) Introduction

This procedure applies to all non-represented classified employees. To the extent that this procedure addresses the terms not covered under collective bargaining agreements for represented employees, the terms of this procedure will prevail.

(2) These procedures cover the following areas.

Approval or Denial of Leave

Military Leave

Bereavement

Miscellaneous Paid Leave

Compensatory Time

Personal Holidays

Domestic Violence

Religious/Personal Conviction Holiday

Family Care Emergency

Requesting or Reporting Absences

Family and Medical Leave Act (FMLA)

Shared Leave Requests

Inclement Weather & Suspended Operations

Sick Leave

Jury Duty

Vacation (Annual Leave)

Leave Without Pay

 

(3) Requesting or Reporting Absences

(A) The employee will submit their leave request to their immediate supervisor or designee in advance of the requested leave date. Individual departments may set standards for how far in advance requests shall be required.

(B) If advance notice is not possible, the employee will provide the immediate supervisor with the soonest possible notification of absence.

(C) The employee will contact their immediate supervisor or designee before the work shift if the employee is unable to work the assigned shift and daily thereafter unless prearranged. Individual departments may establish additional notification requirements, such as whether it is acceptable to leave a voice message or whether the employee must speak to a supervisor.

(4) Approval or Denial of Leave

(A) With few exceptions requests for leave must be approved by the supervisor before the leave is taken.

(B) Supervisors will review and approve or deny leave requests.

(C) Failure to receive prior approval of leave, as described in the CWU leave policy, may be cause for denial of the leave request and/or designation of the absence as unauthorized. Unauthorized absence must be treated as leave without pay and may be grounds for discipline.

(D) Conflicting requests for vacation, personal holiday, compensatory time off, and holiday equivalent time off shall be handled in a fair and equitable manner in accordance with departmental procedures.

(5) Bereavement Leave

(A) Employees are entitled to bereavement leave in accordance with WAC 357-31-250

(B) Family member is defined by WAC 357-01-172

(6) Compensatory Time

(A) Compensatory time is earned in accordance with WAC 357-28-275.

(B) Compensatory time is used in accordance with WAC 357-31-230.

(C) Each employee is responsible to monitor their balance of compensatory time and use accumulated compensatory time before vacation leave, except when this requirement would result in loss of accumulated vacation leave. If vacation leave is submitted and compensatory time is available, the compensatory time will be used first, except when this requirement would result in loss of accumulated vacation leave.

(D) Unused compensatory time will be cashed out in accordance with WAC 357-28-285. Appointing authorities may establish other measures to manage compensatory time.

(7) Domestic Violence

(A) Leave for domestic violence will be in accordance with WAC 357-31-730.

(B) Employees may use paid leave or leave without pay.

(C) Leave for domestic violence reasons is not required to be approved in advance.

(8) Family Care Emergency Leave

(A) Leave for Family Care Emergency will be in accordance with WAC 357-31.  Family member is defined in accordance with WAC 357-01-172. A family care emergency is a circumstance which causes an employee's inability to report for or continue scheduled work because of a serious situation or occurrence that happens unexpectedly and demands immediate action related to the employee's responsibility to provide care for the employee's family member such as unexpected absence of the regular care provider, unexpected closure of a child's school, unexpected need to pick up a child at school earlier than normal, or unexpected closure of an assisted living facility.

(B) The employee may be required to provide verification of the need to take leave and that the emergency situation was such that advance notice was not possible.

(9) Family and Medical Leave Act (FMLA)

(A) Qualifying employees will be granted FMLA leave in accordance with the Family and Medical Leave Act, RCW 49.78, WAC 357-31 and university policy.

(10) Inclement Weather and Suspended Operations

(A) Leave for Inclement Weather and Suspended Operations will be used in accordance with WAC 357-31 and university policy CWUP 2-10-160.

(11) Jury Duty

(A) Leave for jury duty will be granted in accordance with WAC 357-31.

(B) Reasonable travel time must be approved.

(12) Leave of Absence without Pay (LWOP)

(A) Leave without pay will only be approved after applicable paid leave is exhausted.

(B) Leave without pay must be granted in accordance with WAC 357-31-327.

(C) Leave without pay may be granted in accordance with WAC 357-31-330.

(D) The supervisor may allow leave of absence without pay without exhausting accrued leave of employees as a cost saving strategy.

(E) Except as required by federal law, a leave of absence without pay generally will not be granted for a period exceeding six months.

(F) A leave of absence without pay extends from the time an employee's absence commences until they are scheduled to return to continuous service, unless the employing official agree to an earlier date.

G) Employees on approved Family and Medical Leave (FMLA), parental leave, or military leave may intersperse paid leave and leave without pay at their discretion.  The amount of paid leave necessary to cover the employee paid premiums for continuing insurance coverage during the leave period will be calculated by the benefits office in accordance with established benefit and payroll procedures. An employee without sufficient paid leave to cover the premium must contact the benefits office prior to their leave to arrange premium payment.

(13) Military Leave

(A) Military leave will be granted in accordance with WAC 357-31 and university policy and procedure.

(B) When possible, employee must give advance notice of military leave and fill out the Military Leave Request Form and review the Military Checklist,

(C) Employees may use military leave, accrued leave, comp time and leave without pay in their absence, however it is the employee’s responsibility to specify to their supervisors how they want their leave to be used while on military leave.

(D) For employees who work an alternate schedule, supervisors should consider changing the employee to a five day schedule to facilitate use of the employee’s leave while they are a military leave of absence.

(14) Miscellaneous Paid Leave

(A) Miscellaneous paid leave must be granted in accordance with WAC 357-31-325.

(B) Miscellaneous paid leave may be granted in accordance with WAC 357-31-326.

(C) The employee may be required to provide verification of the examination or interview. Additional time off must be charged to applicable paid leave or leave without pay if no applicable paid leave is available. During the employee’s scheduled work hours, no more than two hours per incident and two occurrences within the calendar year will be approved. Requests for miscellaneous paid leaves may be denied based upon operational necessity.

(15) Personal Holiday

(A) Personal holiday will be granted in accordance with WAC 357-31.

(B) In addition, non-represented full-time employees are eligible for two additional days (16 hours) personal holidays per calendar year. 

(C) Personal holidays which are not used by the end of the calendar year are lost.

(D) If the employee requests the use of their personal holiday before the end of the calendar year in accordance with this procedure and the request is denied, another day can be re-scheduled. If the day off cannot be scheduled by the supervisor before year-end, the employee may carry over one personal holiday to the next calendar year. The employee or supervisor must notify HR in writing to facilitate the carryover of the personal holiday.

(E) Conflicting requests to use personal holidays shall be handled in a fair and equitable manner in accordance with departmental procedures.

(16) Religion/Conscience Holiday

(A) Employees will be allowed two unpaid holidays per calendar year for reasons of religion or conscience or an organized activity conducted under the auspices of a religious denomination, church or religious organization in accordance with WAC 82-56-010 (Purpose) and RCW 1.16.050 (Unpaid Holidays).

(B) Requests for this type of leave may only be disapproved when the employee’s absence would create an undue hardship as described in WAC 82-56-020 (Definition of Undue Hardship) and WAC 82-56-030 (Application of definition of undue hardship to request).

(17) Shared Leave

(A) Shared leave will be granted in accordance with WAC 357-31.

(B) To request shared leave employees must:

1. Submit shared leave request. If the employee is incapacitated, a family member or other designated representative may complete the form for the employee.

2. Submit appropriate documentation, such as Health Care Provider’s Certification or copy of military orders, to support shared leave request.

(C) Requests for Shared Leave should be submitted no later than 10 working days following the end of the employee's shared leave eligibility.

(D) Computation of transferred leave will be carried out through the Payroll Office and will convert employee’s donated leave to a monetary value. The receiving employee will be paid at their regular rate of pay; therefore, the value of one hour of shared leave may cover more or less than one hour of the recipient's salary.

(E) CWU employees may donate leave to employees of other state agencies in accordance with  WAC 357-31-410

1. Days donated are considered time taken and will be subtracted from the hours eligible for the annual sick leave compensation program

(18) Sick Leave

(A) Sick leave will be granted in accordance with WAC 357-31

(B) Supervisors may require an employee to provide a written statement or medical certification to support their need for sick leave

(C) Supervisors may allow the use of accrued sick leave for condolence or bereavement, or when employee is unable to report to work due to inclement weather in accordance with CWUP 2-10-160.

(19) Vacation Leave

(A) When considering requests for vacation leave, the supervisor must consider the needs of the employee but may require that leave be taken when it will least interfere with the operational needs of the department. Management has the right to cancel or adjust approved vacation as program needs dictate, giving an employee the earliest possible notification. Conflicting vacation requests shall be handled in a fair and equitable manner in accordance with departmental procedures.

[Responsibility: BFA; Authority: WAC 357-31 Holiday and Leave, CWUP 2-30-060; Reviewed/Endorsed by: UPAC (3/16/2005); Review/Effective Date: 01/06/2017; Approved by: James Gaudino, President]

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CWUR 3-40-042 Sick Leave for Student Employees, Temporary Hourly Employees and Graduate Assistants (Staff)

Introduction

This procedure applies to all student employees, temporary hourly employees and graduate assistants (staff) and are administered in accordance with WAC 296-128.

(1) Paid Sick Leave Accrual and Availability

(A) Accrual

1. Employees accrue incremental paid sick leave of one hour for every 40 hours worked.

2. Employees are not entitled to accrue paid sick leave for non-work hours paid (i.e. when using paid sick leave).

(B) Availability

1. Employees are entitled to use their accrued, unused paid sick leave beginning on the ninetieth (90th) calendar day after the start of their employment. Employees are entitled to use paid sick leave incrementally.

(3) Authorized Uses of Paid Sick Leave

(A) Care of the employee or the employee’s family member

1. Employees may use their accrued, unused paid sick leave hours to care for themselves or a family member (definition below) for;

a. Mental or physical illnesses, injuries, or health conditions;

b. The need for medical diagnosis, care, or treatment of mental or physical illnesses, injuries, or health conditions; or

c. The need for preventive medical care.

2. For the use of paid sick leave for an employee’s family member, family member is defined as a:

a. Child: Including a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status;

b. Parent: Including a biological, adoptive, de facto, or foster parent, step-parent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child;

c. Spouse;

d. Registered domestic partner;

e. Grandparent;

f. Grandchild; or

g. Sibling.

(B) Closure of the university or the employee’s child’s school or place of care

1. Employees may use their accrued, unused paid sick leave when the university has been closed by order of a public official for any health-related reason; or

2. When an employee's child's school or place of care has been closed by order of a public official for any health-related reason.

(C) To address issues related to domestic violence, sexual assault, or stalking

1. Employees may use their accrued, unused paid sick leave to:

a. Seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee and their family members including, but not limited to: Preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault, or stalking;

b. Seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking;

c. Attend health care treatment for a victim who is the employee's family member;

d. Obtain, or assist the employee's family member(s) in obtaining, services from: a domestic violence shelter; a rape crisis center; or a social services program for relief from domestic violence, sexual assault, or stalking.

e. Obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault, or stalking in which the employee or the employee's family member was a victim of domestic violence, sexual assault, or stalking.

f. Participating, for the employee or for the employee's family member(s), in: Safety planning; or temporary or permanent relocation; or other actions to increase the safety from future incidents of domestic violence, sexual assault, or stalking.

2. For purposes of leave related to domestic violence, sexual assault, or stalking, family member has the following definition:

a. Any individual whose relationship to the employee can be classified as a child, spouse, parent, parent-in-law, grandparent, or person with whom the employee has a dating relationship.

(4) Verification for Absences Exceeding Three Days

Supervisors may require an employee to provide a written statement or medical certification to support their need for sick leave that exceeds three consecutive workdays. Supervisors will notify an employee of their right to assert that the verification requirement results in an unreasonable burden or expense on the employee, prior to requiring the employee to provide verification. The request for verification is to be used in conjunction with WAC 296-128-660.

(5) Requesting or Reporting Absences

(A) The employee will submit their leave request to their immediate supervisor or designee in advance of the requested leave date. Individual departments may set standards for how far in advance requests shall be required.

(B) If advance notice is not possible, the employee will provide the immediate supervisor with the soonest possible notification of absence.

(C) The employee will contact their immediate supervisor or designee before the work shift if the employee is unable to work the assigned shift and daily thereafter unless prearranged. Individual departments may establish additional notification requirements, such as whether it is acceptable to leave a voice message or whether the employee must speak to a supervisor.

(6) Paid Sick Leave Rate of Pay for Use of Paid Sick Leave

Employees will be paid their normal hourly compensation for the paid sick leave used.

(7) Carryover of Accrued, Unused Paid Sick Leave

Accrued, unused paid sick leave balances of 40 hours or less will carry over to the following year. The accrual year is January 1 – December 31.

(8) Reinstatement of Paid Sick Leave Hours Upon Rehire

(A) CWU will reinstate an employee's previously accrued, unused paid sick leave (not to exceed more than 40 hours) if it rehires an employee within 12 months of separation.

(B) If an employee is rehired within 12 months of separation, the employee will not be required to wait another 90 calendar days to use their accrued, unused paid sick leave if the employee met that requirement during the previous period of employment.

1. If an employee did not meet the 90-day requirement for the use of paid sick leave prior to separation, the previous period of time the employee worked for the university will count towards the 90 days for purposes of determining the employee’s eligibility to use paid sick leave.


[Responsibility: BFA; Authority: WAC 296-128; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 06/13/2018; Approved by: James L. Gaudino, President]

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CWUR 3-40-045 Time and Attendance Reporting Procedure

Introduction

This procedure applies to all University administrative exempt, classified, hourly and student employees and provides guidance for the recording and certification of time worked, leave use, and/or exception leave reporting.  

Administrative Responsibility

Appointing authorities, department heads, managers and supervisors:
- Ensure that time and leave electronically entered and certified by staff under their supervision is in accordance with  University policies, collective bargaining agreements, and defined Payroll Procedures.
- Communicate and enforce defined time reporting requirements, i.e. daily, weekly, etc., and ensure all time is reported no later than the end of the pay period.
- Consult with Payroll regarding time reporting policy and procedures.
- Verify the accuracy of time submitted by employees prior to approval and submission for payment as per the Payroll Schedule available on-line at http://www.cwu.edu//about/offices/human-resources/employee-labor-relations/payroll.
-  Submit electronically time for employees unable to access the system due to injury, absence or other issues.

Payroll:

- Administer this procedure in accordance with applicable federal and state laws, WACs, the time reporting policy and collective bargaining agreements.
- Develop and provide training on the use of the Time and Labor module through the HR professional development unit.
- Provide consultation and guidance to managers and employees regarding the time reporting policy and this procedure.

Process

Overtime eligible classified employees will submit time via electronic timesheet in the Time and Labor component of HRIS.  Time will normally be entered no later than the last day of the pay period or as defined by their Manager and/or employing department, such as daily or weekly.

Student and Hourly employees will submit time worked, per shift, via the Time and Labor component of HRIS.

Exempt employees will submit exception time (approved leave) via electronic timesheet in the Time and Labor component of HRIS following the frequency defined by their Manager and/or employing department and no later than the last day of the pay period.

Managers must approve and submit employee electronic timesheets for payment by the 16th and 1st of each month. Consult the current Payroll Schedule for official deadlines, http://www.cwu.edu//about/offices/human-resources/employee-labor-relations/payroll

In the event a time sheet is not submitted for classified, hourly or student employees, payroll will base their pay on the defined schedule in the system.  Supervisors will work with Payroll Services to identify and correct pay issues such as time omissions, overpayments, underpayments and requests for off-cycle checks.

[PAC: 06/04/2014; Responsibility: BFA; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 10/07/15; 06/04/2014; Approved by: James L. Gaudino, President.]

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CWUR 3-40-050 Faculty and Exempt Staff Retention

Applies to - All university staff. To the extent that this procedure addresses terms not covered under collective bargaining agreements for represented employees, the terms of this procedure shall prevail.

Based on the information provided by the faculty or exempt staff member regarding external employment options, the department may initiate a recommendation for retention pay. The department recommending retention must verify the on-site interviews and/or offer and provide a concise written justification, along with a copy of the offer letter (if one was provided to the employee), to the appointing authority. If the recommendation is based on a bona fide offer of employment and includes a proposed new salary level for the individual, the proposed new salary may be at, below or above the external offer,

The appointing authority will review the recommendation in light of budget constraints, salary compression issues, and any other ramifications the action might have on the unit, division, and the university as a whole. The appointing authority may 1) recommend approval as originally requested, 2) recommend approval with a modification of the amount, or 3) disapprove the request. If the appointing authority recommends approval, either as originally requested or in a modified fashion, the increased salary recommendation must be forwarded to the appropriate vice president or president for action. If the increased salary recommendation is not approved, it must be returned to the originating department with a full explanation.

The appropriate vice president or president will approve the request as recommended, deny the request, or approve a modified amount. If approved, the vice president or president will return it through the line for action. The decision may be made at the vice presidential level and does not require review by the president unless the request comes from the president’s office.

Any offers accepted by individuals which modify their current appointments must be confirmed in writing via a new appointment letter signed by the appointing authority and accepted by the individual. Due to the nature of a “counter-offer” and the fact that the staff may only have 24 to 48 hours in which to respond to the prospective employer, discussions between the department, appointing authority, and VP or president may be verbal and/or via email. However, no later than the time of approval, a recommendation and approval letter along with any other documentation must be provided to Human Resources or Faculty Relations along with the Personnel Action Form (PAF.)

[Responsibility: BFA; Authority: Chapter 28B.35.120 (12) of the Revised Code of Washington (RCW), Faculty and Exempt Staff Retention, CWUP 2-30-090; Reviewed/Endorsed by: PAC (Policy and Procedure Separated 1/16/08); Review/Effective Date: 03/06/2008; 03/30/2012; Approved by: James L. Gaudino, President]

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CWUR 3-40-060 Layoff

Applies to - Classified employees not covered by a collective bargaining agreement.

DEFINITIONS: The following definitions apply within this procedure:

Comparable position: A position in the same geographic area, having the same number of hours worked per week, and the same designation of cyclic or non-cyclic, as the position from which an employee is being laid off.

Employment Retention Rating/Seniority: The measure of the employee’s most recent period of unbroken classified service1 calculated by the Human Resources Office as follows:

1. All time spent in leave without pay status that exceeds eighty (80) hours in a month shall be deducted from the calculation of seniority, except when the leave without pay is taken for: cyclic year leave, military leave, or compensable work related injury or illness leave (“Workers’ Compensation”).

2. Ties in seniority will be broken by measuring the employee’s most recent continuous time within his/her current classification. If the tie remains, seniority will be determined by lot.

3. Eligible veterans and surviving spouses of eligible veterans receive additional credit toward seniority in accordance with WAC 357-46-060.

Furlough: The temporary cessation of an employee’s service.

Layoff: A management-initiated action that results in at least one of the following: employment in a job class with a lower salary range maximum; reduction of the work year and/or number of work hours; or separation from employment.

Layoff unit: A layoff unit is an administrative entity within which an employee scheduled for layoff may have the option for placement into another position (the "employment option").

Position competencies and requirements: Competencies2 and other position requirements identified in position descriptions, recruitment announcements or other sources.

Project position: A position with a defined beginning and end date (e.g., grant-funded positions).

Temporary layoff: A management-initiated action that results in a temporary reduction in hours or a furlough.

Transition Review Period: The transition review period is a six-month evaluation period that allows the employer and employee to determine whether a placement into a position as a layoff option is a good match.


GENERAL INFORMATION

Authorizing a layoff: The appointing authority, in conjunction with the department head, determines the need for layoff and the position(s) to be abolished, vacated, or reduced due to layoff. The reasons for a layoff include but are not limited to:

1. Lack of funds;
2. Lack of work,3
                                                         
1 A furlough for the purposes of temporary layoff is not considered a break in continuous state service (WAC 357-46-057).
2 Measurable or observable knowledge, skills, abilities, and behaviors critical to success in a key job role/function.
3WAC 357-46-010 (excerpt as of 7/2005): Examples of layoff actions due to lack of work may include, but are not limited to termination of a project or special employment; availability of fewer positions than there are employees entitled to such positions; employee’s ineligibility to continue in a position following its reallocation to a class with a higher salary range maximum; employee’s ineligibility to continue, or choice not to continue, in a position following its reallocation to a class with a lower salary range maximum; or elimination of a position due to the work of the position being competitively contracted.


3. Organization change.

Impact of a layoff: Layoff results in at least one of the following:

1. Employment in a job class with a lower salary range maximum;

2. Reduction of the work year and/or number of work hours;

3. Separation from employment.

Conditions for authorizing a temporary layoff:

1. May be authorized for any of the same conditions for permanent layoff.

2. The university may not furlough an employee for more than 30 calendar days in a calendar year or temporarily reduce an employee’s regular work schedule to less than 20 hours a week for more than 60 calendar days in a calendar year.

3. If the university has less than twenty hours per week of work for an employee to perform during a period of temporary layoff, the university must notify the employee that he/she is being furloughed.

Effect of a temporary layoff on the employee:

1. Hours not worked due to temporary layoff are not treated as leave without pay, therefore:

A. An employee’s anniversary date, seniority, or unbroken service date is not adjusted for periods of temporary layoff; and

B. An employee continues to accrue vacation and sick leave in accordance with chapter 357-31 WAC.

2. An employee on temporary layoff is not entitled to:

A. Layoff rights, including the ability to bump into another position or to be placed on the university’s internal layoff list or a statewide layoff list;

B. Payment for his/her vacation leave balance; and
C. Use of his/her accrued vacation leave for hours the employee is not scheduled to work if the temporary layoff was due to lack of funds.

3. If the temporary layoff was not due to lack of funds, an employer may allow an employee to use accrued vacation leave in lieu of temporary layoff.

4. At the conclusion of a temporary layoff, the employee has the right to resume the position he/she held immediately prior to being temporarily laid off. The employee returns with the same status and percentage of appointment he/she held prior to the layoff.

Layoff units:


1. All divisions (excluding represented employees).
2. Project positions (excluding represented employees) are separate and exclusive layoff units, by project.
3. Unique layoff units for represented employees are defined in each applicable collective bargaining agreement.

Avoiding layoff or minimizing effects of layoff:

1. In order to avoid or minimize the impacts of layoff, before initiating layoff, the university may attempt to mitigate the need for layoff through alternative actions (such as hiring controls whenever practical) when these actions can be taken without undue disruption to business operations.

2. An employee may seek to avoid or reduce the impact of layoff by:

A. Applying for other university positions through the university's employment process;

B. Notifying his/her supervisor of his/her willingness to take leave without pay, to voluntarily take a reduction in hours worked or work year, or to voluntarily demote;

C. An employee's willingness to take such measures will be considered but does not ensure that it will be possible to avoid the necessity for layoff.

2. An employee who is being furloughed due to the university not being able to provide at least twenty hours of work per week may be offered the available number of work hours.

Criteria for legitimate business requirements that may be considered in determining layoff options:

1. The university may exclude a position from consideration as an employment option based on legitimate business requirements. Legitimate business requirements include those circumstances or characteristics that render a position uniquely sensitive to disruption in continuity. The Human Resources Office, after consulting with the appointing authority, determines whether there are legitimate business requirements that justify a position's exclusion from consideration as a layoff option.


LAYOFF PROCEDURE

Initiating a layoff:

1. The appointing authority will inform the Human Resources Office of the reason for the potential layoff and the position or positions, by job class, which may be subject to layoff. Additionally, the appointing authority may request a temporary, instead of a permanent, layoff for any of the reasons authorized for a permanent layoff.

2. The Human Resources Office shall determine the employee or employees to be laid off and the options, if any.

Layoff notice:

Regular Layoff

1. The Human Resources Office prepares the layoff notice for appointing authority signature. The appointing authority shall issue the layoff notice to the employee and ensure that the notice is properly served. The layoff notice shall include:

A. The reason for layoff;

B. The employee's seniority (employment retention rating) calculation;

C. The employee’s layoff option;

D. The deadline for the employee to accept or select a layoff option;

E. Notification of any requirement for the employee to serve a transition review period if a layoff option is selected;

F. The specific layoff list(s), if any, on which the employee is entitled to request placement;

G. An explanation of how the employee requests placement on the statewide layoff list; and,

H. Notification of the employee’s right to appeal.

2. A permanent employee subject to layoff must receive at least fifteen (15) calendar days’ written notice, unless the employee waives the notice period.

3. A probationary employee subject to layoff must receive at least one (1) calendar days’ notice. Probationary employees are not eligible for placement on a layoff list or an employment option.

Temporary Layoff

1. The Human Resources Office prepares the layoff notice for appointing authority signature. The appointing authority shall issue the layoff notice to the employee and ensure that the notice is properly served. The layoff notice must include:

A. The status of the employee during temporary layoff,

B. The expected duration of the temporary layoff.

2. An employee subject to temporary layoff must receive at least seven (7) calendar days’ notice of temporary layoff.

Determining an employee's layoff option:

1. The Human Resources Office determines the position, if one exists, that will be identified as an employee's layoff option, according to the following criteria:

A. The position is in the layoff unit; and,

B. The position is comparable (as defined in this procedure) to the employee's current position; and,

C. The employee satisfies the competencies and other position requirements; and,

D. The position is allocated to:

1) The class in which the employee holds permanent status at the time of layoff; or if no such position is available, to;

2) A class in which the employee has held permanent status at the same salary range as the position from which the employee is being laid off; or, if no such position is available, to;

3) A lower class in an occupational category/class in which the employee has held permanent status, in descending salary order. The employee does not have to have held permanent status in the lower class in order to be offered this option; and,

E. The position is funded and vacant, except that if no vacant position is available, the position is occupied by an incumbent with the lowest employment retention rating/seniority.

2. If there are no options available under section 3.A., the Human Resources Office determines the position, if one exists, that will be identified as an employee's layoff option, in lieu of separation, according to the following criteria:

A. The position is in the layoff unit; and,

B. The employee satisfies the competencies and other position requirements; and,

C. The position is at the same or lower salary range maximum as the position the employee is being laid off from. If more than one position is available, then the position with the highest salary range maximum shall be the position offered; and,

D. The position is vacant and less than comparable or held by a probationary employee.

3. If a class in which an employee has previously held permanent status has been revised or abolished, the Human Resources Office shall determine the closest matching class to offer as a layoff option. The closest matching class must be at the same or lower salary range maximum as the class from which the employee is being laid off.

Employee response and selecting a layoff option:

1. Each employee scheduled for layoff will receive the layoff notice and a Layoff Option form.

A. The employee scheduled for layoff is responsible for completing and returning the completed Layoff Option form to Human Resources within five (5) working days of the service of written notice of layoff.

B. The form must be received by the specified deadline or the employee will be considered to have resigned from employment and will be ineligible for an employment option or placement on a layoff list. The university may accept a form after the specified deadline if the employee can show that the inability to submit the form on time was due to legitimate and unavoidable circumstances.

2. The Human Resources Office will notify the appointing authority or authorities of the employee’s option selection, or upon completion of the option period, that the employee did not respond.

Placement on Layoff Lists:

1. The university’s internal layoff list4 is maintained by the CWU Human Resources Office. An employee’s name may be placed on and retained on the university’s internal layoff list for a period of two years from the effective date of the layoff action. An employee may exercise his/her option to be placed on the university’s internal layoff list within two years of a layoff for the following actions:

A. Separation due to layoff;

B. Acceptance of a voluntary demotion in lieu of layoff;

C. Acceptance of a less than comparable position in lieu of layoff;

D. Following trial service reversion if employee is not returned to a permanent position in the class in which he/she last held permanent status.

2. The statewide layoff list is maintained by the Washington State Department of Personnel. An employee who is eligible to be placed on the university’s layoff list for reasons other than trial service reversion and reallocation to a class with a lower salary range may also be eligible for placement on a statewide layoff list. The employee must contact the Washington State Department of Personnel to determine eligibility and/or to request having his/her name added to a statewide layoff list.

Certification from a layoff list:

1. If there are names on the internal layoff list, the following candidates will be referred to the employing official.
                                                            
4 A “list” is made up of eligible names to be certified for vacancies in a class. (See WAC 357-01-200).

A. Candidates on the internal layoff list who satisfy the competencies and other position requirements and who wish to be referred; and,

B. Internal promotional candidates who satisfy the competencies and other position requirements.

2. Employees certified and appointed to a position from a layoff list may be required to serve a transition review period.

Removal of name from layoff list:

1. An individual’s name shall be removed from a layoff list and no written notice shall be provided due to:
A. A request from the individual; or,
B. The employee’s resignation, retirement, or dismissal; or,
C. Expiration of the two-year eligibility period.

2. Subsequent to written notification, an individual’s name shall be removed from a layoff list due to:

A. Waiving consideration, three times, for certification for, invitation to interview for, or appointment to, a position; or,

B. Acceptance of a layoff option or appointment from a layoff list, which will cause his/her name to be removed from the list(s) for all classes with the same or lower salary range maximum, except for the layoff list for the class from which the individual was laid off.

3. An individual may request a review of removal from a layoff list by submitting a request to the Human Resources Office within twenty (20) calendar days of written notification that his/her name has been removed from the list. A Human Resources representative not involved in removing the name from the layoff list will conduct the review. If the individual is not in agreement with the results of the Human Resources Office review, he/she may request a director's review of the removal, of his/her name from the layoff list. The request for a director’s review must be received at the of the Director of the Washington State Department of Personnel’s office within twenty (20) calendar days following notice of the results of the Human Resources Office review.

Right to appeal:

An employee, who believes there has been a violation of state civil service rules related to a layoff action, excluding removal from a layoff list, may submit an appeal directly to the Washington Personnel Resources Board. The appeal must be received at the Washington Personnel Resources Board office within thirty (30) calendar days of the date the employee could reasonably be expected to have knowledge of the action giving rise to a rule violation claim or the stated effective date, whichever is later.

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CWUR 3-40-070 Military Leave

(1) Introduction
This procedure applies to all university staff and is administered in accordance with state and federal laws. To the extent this procedure addresses terms not covered under collective bargaining agreements for represented employees, the terms of this procedure shall prevail.

(2) Leave Requests/Leaves of Absence – Military Employees

(A) Employees must notify their supervisors as soon as possible of the need for military leave of absences by providing a Military Leave Request form and, when able, a copy of military orders. The signed, completed request for military leave will be forwarded to Human Resources.

(B) Military leaves of absence will be reported using the university’s time and absence process in accordance with CWUR 1-70-045 Time and Attendance Reporting Procedure.

(C) Military leave of absence shall be in addition to any vacation or sick leave to which the employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, or pay. During the period of military leave, the employee shall receive his or her normal pay from the university.

(D) If an employee voluntarily or upon demand leaves a regular position to enter extended active duty or training in the armed forces of the United States or the state, he/she shall be granted a military leave of absence without pay for the duration of that service and be entitled to reinstatement of employment in accordance with the provisions of RCW 73.16.

(E) Military leave of absence without pay shall not affect seniority with the institution.

(F) Employees will continue to receive medical and dental insurance, if they remain in a paid status for at least eight (8) hours per month while on military leave of absence.

(3) Leave Requests – Family Member

(A) Spouses or registered domestic partners of a member of the armed forces of the United States who have been notified of an impending call or order to active duty or deployment is entitled to a total of fifteen (15) days of unpaid leave per deployment. Employees must provide their supervisor with notice within five (5) business days of receiving official notice of an impending call or order to active duty or a leave from the deployment of the employee's intention to take leave.

(B) Family members must notify their supervisors as soon as possible of the need for military leave by providing a Military Leave Request form and, when able, a copy of military orders. The signed, completed request for military leave will be forwarded to Human Resources and to Payroll.
Spouses or family members of members of the armed forces may also be eligible for leave under the Family and Medical Leave Act (FMLA).

(C) Family member leave will be reported using the university’s time and absence process in accordance with CWUR 1-70-045 Time and Attendance Reporting Procedure. 

(4) Reemployment

(A) An employee who takes military leave shall be restored to a position of employment in the same manner as an employee entitled to leave under RCW 49.78.280; and to continue benefits in the same manner as an employee entitled to leave under chapter 49.78 RCW continues benefits, as specified in RCW 49.78.290.

(B) Employees seeking reemployment following a military leave of absence must provide proof of having satisfactorily completing their military service (such as honorable discharge, under honorable conditions discharge, report of separation, etc.) and make written application to the university. The absence of or an employee’s inability to produce documents that may not yet be available to them shall not be the sole basis for refusing reemployment.
Duration of absence: Employee must:
Absences less than thirty-one (31) days
Absences of any length to participate in an examination to determine an employee’s fitness to perform in the armed forces Report to work at the beginning of the first full regularly scheduled work period on the first full calendar day following the completion of service following an eight (8) hour period for safe transportation from the place of service to the employee’s residence OR as soon as possible after the eight (8) hour period if it is impossible or unreasonable through no fault of the employee.
Absences more than thirty (30) days, but less than one hundred eighty-one (181) days Submit application for reemployment no later than fourteen (14) days after completion of service OR on the first full calendar day possible if it is impossible or unreasonable for the employee to apply within fourteen (14) through no fault of the employee.
Absences more than one hundred eighty (180) days Submit application for reemployment no later than ninety (90) days after completion of service.
Absences up to two (2) years for employees who are hospitalized for, or recovering/convalescing from an injury/illness incurred or aggravated by military service
Two (2) year period will be extended to accommodate circumstances beyond the employee’s control Submit application at the end of the recovery or convalescence. Application may be submitted after the two (2) year period when it is impossible or unreasonable for reasons beyond the employee’s control to apply within that time.
Absences less than four (4) years for uniformed services Return to and reenter the position as outlined above unless the employee is unable for reasons imposed by law which make the employee unable to obtain orders relieving him/her from active duty.

(C) Eligible employees returning from military leave of absence shall be reemployed unless circumstances have changed at the university that would make reemployment impossible or unreasonable or would impose undue hardship in accordance with RCW 73.16.033.
Note: Members of the armed services may not always be able to provide military orders depending on the nature or location of a deployment or training (military necessity) and shall not be the basis for denial of leave requests.

CWUP 2-30-120 Military Leave

[Responsibility: BFA; Authority: Chapter 38.40.060 of the Revised Code of Washington (RCW), Military Leave for Public Employees, CWUP 2-30-120; Reviewed/Endorsed by: PAC (Policy and Procedure Separated 9/05/07); Review/Effective Date: 10/02/2007; 03/30/2012; Approved by: James L. Gaudino, President, 02/01/2017]

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CWUR 3-40-080 Monitoring Temporary Hourly Employment

Applies to - All temporary/hourly appointments for positions that perform work that would otherwise be performed by represented or non-represented employees.

Purpose

The following procedure is used to monitor and control the use of temporary employment in accordance with WAC 357-19-440.

Administrative Responsibility

Hiring Department shall:

  • Ensure that all the required paperwork is completed and submitted to the human resources department before the date of employment.
    Monitor employees’ hours so that the hours worked are in line with the hours, WAC and institutional rules.
    Notify the human resources department of any changes in employment status of temporary employees.


Human Resources shall:

  • Monitor all temporary appointments to ensure compliance with WACs and institutional procedures regarding temporary employment. This includes:
  • Reviewing all required paperwork for accuracy and completeness
  • Monitoring hourly reports to determine compliance with work/appointment status as outlined on the Temporary Appointment Form (TAF)
  • Consult with departments when problems occur and/or before the employee becomes eligible for benefits

Temporary Appointments Defined (WAC 357-19-435 )

A. Persons employed to work one thousand fifty hours (1,050) or less in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later. (Definition applies to represented and non-represented work.)

B. Persons to whom the duties and responsibilities of a higher-level class have been assigned for a period of less than six consecutive months. (Definition applies to non-represented work only.)

Note: Temporary employment defined under WAC 357-19-435 (2), formal assignment of the duties and responsibilities of a higher level class for a period of less than six consecutive months, is not monitored under this procedure.


Employment Notification of Condition of Employment

In accordance with WAC 357-19-444, all temporary employees are notified in writing of the conditions of their employment prior to the commencement of each appointment and/or upon any subsequent change in the conditions of their employment. The Temporary Appointment Form (TAF) contains the following information:

 -  Employee name  -  Rate of pay
 -  Job title/description of duties  -  Hours of work
 -  Eligibility for benefits  -  Right to request remedial action
 -  Date of Hire  
 -  Duration of employment  

 

Temporary Appointment Records

In accordance with WAC 357-19-445, temporary appointment records are maintained in the human resources department. A semi-monthly report is generated which shows cumulative hours worked for each temporary employee. Human resources reviews the report to monitor compliance with WACs and all applicable regulations.


Remedial Action

If the employee has not taken part in any willful failure to comply with these rules, temporary appointments may be subject to remedial action in accordance with WAC, if the number of hours worked exceeds one thousand fifty hours in any twelve consecutive month period from the date of hire or October 1, 1989, whichever is later, exclusive of overtime or work time defined as student employment. Requests for remedial action must be submitted to the Director of the Department of Personnel. Such requests must be received in that office no later than 30 days of the date that the employee knew, or should have known, of the alleged violation.


[Responsibility: BFA; Authority: Chapter 357-19 of the Washington Administrative Code (WAC), Recruitment, Assessment and Certification and applicable Collective Bargaining Agreements; Reviewed/Endorsed by: PAC (3/16/2005); Review/Effective Date: 07/01/2005; 07/01/2008; 03/30/2012; Approved by: James L. Gaudino, President]

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CWUR 3-40-090 Performance Management

Applies to – All non-represented classified employees. To the extent that this procedure addresses terms not covered under collective bargaining agreements for represented employees, the terms of this procedure shall prevail.

Administrative Responsibility

The President’s Executive Leadership Team shall:

  • Promote performance management as a means of achieving the university’s mission, strategic goals and objectives.
  • Recognize and commit to providing the necessary time to perform work associated with the performance management.
  • Develop and communicate organizational goals and objectives to assist supervisors and managers in fulfilling their responsibilities under this policy.
  • Ensure that each division within the university establishes and follows an internal performance management process that complies with the WAC, this policy, and the university procedures.
  • Ensure fair and consistent application of this procedure and university procedures.
  • Render decisions on matters for which authority has not otherwise been delegated.

Vice presidents, and division and department heads shall:

  • Promote performance management as a means of achieving the organization’s mission, strategic goals and objectives.
  • Recognize and commit to providing managers and supervisors the necessary time to perform work associated with the performance management process.
  • Communicate the departments and the university’s, mission, strategic goals, and objectives to all employees within their unit.
  • Provide input into university performance management procedures, and develop departmental performance management procedures in compliance with this policy and university procedures.
  • Ensure supervisors and employees receive appropriate performance management orientation and training.
  • Ensure that performance management policy and procedures are shared throughout the department and that employees at all levels comply.
  • Ensure that all managers and supervisors are accountable for, and evaluated on, their performance related to performance management.
  • Ensure that performance development plans are used to make administrative decisions such as training, rewarding, reassigning, promoting, and disciplining employees.
  • Review employee performance and development plans to ensure consistency, timeliness, and compliance with policy and procedure.
  • Monitor and evaluate the effectiveness of department performance management procedures, and take corrective action as warranted.
  • Consult with human resources regarding this policy and university procedures.

Managers and supervisors shall:

  • Communicate organizational goals and objectives to subordinate employees and link these to the employees’ performance and development plans.
  • Participate in, and ensure employee participation in, performance management orientation and training.
  • Effectively manage the performance of subordinate employees in accordance with this policy and university and department performance management procedures.
  • Provide employees with regular verbal and written feedback and assessment in the course of conducting timely and accurate employee performance development plans.
  • Hold employees accountable for their performance. Ensure good performance is recognized and rewarded and that there are appropriate consequences for poor performance.
  • Consult with human resources regarding performance management policy and procedure.

Human Resources shall:

  • Develop and implement university performance management procedures.
  • Provide, or arrange for critical performance management training and orientation.
  • Provide advice and assistance to supervisors and managers in carrying out performance management responsibilities.
  • Periodically evaluate university compliance with this policy and related procedures, assess effectiveness of performance management within the university, and provide findings to the president’s cabinet.
  •  

Employees shall:

  • Cooperate and communicate with their supervisors throughout the performance management process, seeking clarification when needed in order to understand what is expected.
  • Take personal accountability for their performance and development.
  • Perform assigned duties and meet job standards and performance expectations.
  • Attend required training identified in the performance development plan as assigned and as otherwise directed.
  • Participate in performance management orientation and training.


Definitions

Performance Management: An integrated set of processes supporting the effective utilization and development of staff to improve the organization’s performance and achieve its goals. Individual performance management involves aligning the job of each employee with the organizational strategic plan so that the employee’s efforts are focused on behaviors, products, and services that contribute to the success of the organization and the university.

Performance and Development Plan: A systematic process, and a standardized form, used for establishing and documenting each employee’s key responsibilities and competencies, performance expectations, and training and development needs, and to assess the employee’s success at achieving performance expectations and demonstrating competency excellence.


[Responsibility: BFA; Authority: WAC 357-37 Performance Management, CWUP 2-30-160; Reviewed/Endorsed by: PAC; Review/Effective Date: 07/01/2005; 07/01/2008; 03/30/2012; Approved by: James L. Gaudino, President]

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CWUR 3-40-100 Personnel Records

Applies to - non-represented classified employees. To the extent that this procedure addresses terms not covered under collective bargaining agreements for represented employees, the terms of this procedure shall prevail.

(1) Administrative responsibility

(A) The president’s executive leadership team shall:

1. Render decisions on matters for which authority has not otherwise been granted.

(B) Human resources shall:

1. Develop and recommend personnel record policy.

2. Administer this policy in accordance with the WAC, the Revised Code of Washington (RCW), and university procedures.

3. Develop procedures for personnel records including access and retention.

4. Provide interpretation and consultation to managers and supervisors regarding this policy, the WAC, and university procedures.

(2) Definition

Personnel record: Official file of each classified employee, showing a record of employment and other information required for business and legal purposes. 

[Responsibility: BFA; Authority: Chapter 357-22 of the Washington Administrative Code (WAC), Personnel Records, CWUP 2-30-170; Reviewed/Endorsed by: PAC (3/16/2005); 07/01/2005; 07/01/2008; 03/30/2012; Review/Effective Date: 04/15/2020; Approved by: James L. Gaudino, President]

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CWUR 3-40-110 Position Review and Allocation

Applies to - Non-represented and represented classified employees.

Purpose

Chapter 357-13 establishes specific criteria and allows employers the authority and discretion to carry out activities related to the classification of positions. It also establishes the right of an employee to request a review by the Office of the State Human Resources Director (OSHR).

General Information

When there are permanent and substantive changes in the job duties and scope of responsibility of a position involving the addition, reduction, or modification of duties and responsibilities, reallocation to a different classification may be warranted. An employee who feels that they are performing duties that are not in the position description and not appropriate to their job classification, may request a position review if six months have elapsed since the last review and the employee believes the work is better described by another class.

Human resources is responsible for allocating or reallocating each classified position to an established class in the OSHR classification plan based upon a review and analysis of the duties and responsibilities of the position. Positions will be allocated on a best-fit basis as determined by the majority of the work performed. Allocation and reallocation decisions are limited to comparisons of the type and level of work that is performed with the available class specifications. The volume of work performed, the expertise with which the work is performed, or the work performed by other employees in similar positions does not affect classification.


Requesting a Position Review

Employee: An employee may initiate a position review of their position if the duties have significantly changed, it is anticipated that the changes are permanent, and it has been at least six months since the last review. Employees are strongly encouraged to discuss the request with their supervisor or manager before initiating a review.

Supervisor/Department Head: A supervisor/department head must request a position review anytime it is anticipated that there will be immediate permanent and substantive changes to a position, or if an employee has been assigned new duties for less than six months and it is anticipated that the change in duties will be permanently assigned. The supervisor may also initiate the request if they know that the employee has been performing duties not listed on the current position description for more than six months and the employee has not yet submitted a request for a position review.

Human Resources: Human resources may also initiate a position review based on known or suspected changes in the position, classification plan, and/or other organizational issues.


Position Review Process

Initiated by the Employee:

In order to gain an understanding of the position and the duties that are believed to be outside the current class, the following information must be submitted to the human resources department:

A) Position Review Request Form: The position review request form must be filled out completely and signed by the employee and forwarded to human resources. The supervisor and department head will then be asked to comment on the information provided by the employee and to add additional information regarding the position.

B) Organizational Chart: A current organizational chart showing the employee’s reporting relationships and workflow within the department.

Human resources will review the request, conduct interviews and/or request additional information if necessary, and determine the appropriate job class for the position.

Initiated by the Supervisor/Department Head and/or Human Resources:

If the supervisor is initiating the request and the employee has not been performing duties believed to be outside the current class for at least six months, the following information is required:

A) Position Description Worksheet. If changes are being made to a filled position, the supervisor/department head should inform the incumbent of the proposed position changes. (Once the worksheet has been reviewed and agreed upon by human resources, the supervisor and the department head, the position description will be entered into PeopleAdmin.)

B) Organizational Chart: A current organizational chart showing the employee’s reporting relationships and workflow within departments.
If the supervisor is initiating the request, and the employee has been performing duties believed to be outside the current class for more than six months, the following information is required:

A) Position Description Worksheet. (Once the worksheet has been reviewed and agreed upon by human resources, the supervisor and the department head, the position description will be entered into PeopleAdmin.

B) Organizational Chart: A current organizational chart showing the employee’s reporting relationships and workflow within departments.
Human resources will review the request, conduct interviews and/or request additional information if necessary, and determine the appropriate job class for the position. In addition, based on information provided by the employee and/or supervisor, human resources will verify whether or not the employee meets the competencies established for the position if the position is reallocated.


Effective Date of Allocation or Reallocation

Initiated by the Employee:

If the employee initiated the process, the effective date is the date the employee’s position review request form was received in human resources.

Initiated by the Supervisor/Department Head:

If the supervisor initiated the process, the effective date will typically be the first day of the month following receipt of the finalized version of the position description and organization chart in the human resources department. In no circumstances will the effective date be prior to the date the request was received in human resources.

If an employee is allocated to a class with a lower salary range maximum, the effective date of the reallocation shall be at least fifteen (15) calendar days from the date of written notice of the allocation. An employee may request to waive or shorten the notice period.


Notification Process

Prior to a written allocation decision, the human resources representative will discuss the proposed allocation decision with the department head and appointing authority as appropriate. If reallocation is warranted, and the department head and appointing authority concur and have funds available (if it is an upward reallocation), the employee, the employee's supervisor, and the appointing authority will be sent written notification of the classification decision, effective date, and the status of the employee as a result of the allocation decision.

If a supervisor has requested a position review due to anticipated changes in the position, or if the employee has been performing the duties for less than six months, and those duties warrant allocation to a higher level classification, but it is determined that funds are not available for the upward reallocation, the higher-level duties will be removed and the reallocation action will not take effect.

If the incumbent has been performing higher-level duties for more than six months and it is determined that reallocation to a higher-level position is appropriate and warranted, but funds are not available, the reallocation will take effect. The appointing authority will have the option of immediately removing the duties from the incumbent’s responsibilities and notifying the employee that they will be laid off from the higher-level position.

If reallocation is not warranted, the employee, the employee's supervisor, and the appointing authority will be sent written notification of the decision, including the employee’s right to request a review by OSHR of the allocation decision.


Effect on the Incumbent

The position review process may result in the position remaining the same or being reclassified to a different class with a higher salary range, a different class with the same salary range, or a different class with a lower salary range. If the review does not support a change in classification, the position remains in its current classification.

WAC 357-13-090 provides an in-depth description of how an employee is affected when their position is reallocated.


Right to Request an OSHR Director’s Review of an Allocation Decision

If an employee disagrees with the results of the CWU human resources position review, the employee has the right to request that the director of OSHR review the results of the position review.

The employee must file the request for an OSHR director’s review in writing with the OSHR Review office; such request must be received in that office within thirty calendar days of the employee being provided the results of the position review or the notice of reallocation. An optional form is available and will ensure that all required information is proved. If the form is not used, the request for a OSHR director’s review must include the following:

  • Employee’s name and address;

  • The name of the employer (Central Washington University) that took the action for which a review is requested. The request should include the name of the department in which the employee works;

  • A telephone number at which the employee can be reached;

  • The employee’s job classification(s). The statement should include the job classification prior to, and, if changed, the job classification as a result of the review and decision by human resources;

  • A short statement of the grounds or reasons for the request; and

  • A short statement of the remedy sought by the employee (e.g. the classification the employee believes best describes his/her position).

Note: An employee may not request a review by OSHR when the allocation or reallocation is based on the Department of Personnel implementing new classifications, and the employee is reallocated to a class with the same salary range maximum. In this instance, the employee is first required to submit a request for a position review to CWU human resources. If, after human resources conducts a review of the employee’s position, the employee disagrees with the allocation decision, the employee may then request a OSHR review of the results of the decision.


Right to Appeal an OSHR Director’s Review

A classified employee, or CWU as the employer, may appeal an OSHR Director’s position allocation review determination by filing written exceptions. Allocation exception appeals must be filed with the Personnel Resources Board following the instructions in the OSHR Director’s Review response provided by the Department of Personnel.


[3/16/2005; 07/01/2005; 07/01/2008; 03/30/2012; Responsibility: BFA; Authority: Washington Administrative Code (WAC), 357-13 Classification Washington Administrative Code (WAC), 357-49 DOP Director's Review; Reviewed/Endorsed by: Cabinet/UPAC); Review/Effective Date: 06/06/2012; Approved by: James L. Gaudino, President]

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CWUR 3-40-120 Probationary / Trial Service

Applies to non-represented classified employees. To the extent that this procedure addresses terms not covered under collective bargaining agreements for represented employees, the terms of this procedure shall prevail.

(1) Administrative responsibility 

(A) Managers and supervisors shall:

1. Ensure that the probationary/trial service periods of employees under their supervision are in accordance with this procedure, the policy and the Washington Administrative Code (WAC).

2. Ensure that all exceptions to this procedure are approved through appropriate channels.

3. Communicate the concepts and expectations of the probationary or trial service period and the resulting consequences if the probationary or trial service period is unsuccessful.

4. Provide each employee guidance, information, training, and assignments to provide an opportunity for successful performance.

5. Meet with the new employee to communicate job responsibilities, practices, standards, and procedures.

6. Formally evaluate the employee’s progress and overall job performance during the probationary or trial service period.

7. Determine if the employee will be granted permanent status in a position.

8. Consult with human resources regarding this procedure.

(B) Human resources shall:

1. Develop and recommend policy for probationary and trial service appointments.

2. Administer this procedure in conjunction with the WAC and the policy.

3. Develop procedures for the implementation of probationary and trial service practices.

4. Provide interpretation and consultation to managers and supervisors regarding this procedure, the policy and the WAC.

5. Provide recommendations to the appropriate appointing authority regarding exceptions to this procedure in accordance with the WAC and university procedures.

(C) Employees shall:

1. Demonstrate their ability to perform the job for which they were hired.

(2) Definitions

(A) Probationary period: The initial period of employment following certification and appointment, or reemployment, in classified service.

(B) Trial service period: The initial period of employment for a permanent employee following promotion, transfer, voluntary demotion, elevation, or reversion. For the purpose of this procedure, a trial service period shall also include the transition review period following acceptance of an appointment in lieu of layoff or an appointment from a layoff list.

[Responsibility: BFA; Authority: Chapter 357-19 of the Washington Administrative Code (WAC), Appointment and Reemployment, CWUP 2-30-190; Reviewed/Endorsed by: PAC (3/16/2005); Review/Effective Date: 07/01/2005; 07/01/2008; 03/30/2012; 10/10/18 (reviewed); Approved by: James L. Gaudino, President]

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CWUR 3-40-130 Promotional Procedure

Applies to - non-represented classified employees. To the extent that this procedure addresses terms not covered under collective bargaining agreements for represented employees, the terms of this procedure shall prevail.

(1) Administrative responsibility

(A) The president’s executive leadership team shall: 

Render decisions on matters for which authority has not otherwise been delegated.  

(B) President, vice presidents, division and department heads shall:

1. Ensure that all recruitment and hiring practices of personnel under their supervision are in accordance with this and other university procedure and the Washington Administrative Code (WAC).

 2. Consult with human resources regarding this procedure and university procedures.

 (C) Managers and supervisors shall:

 1. Ensure that all recruitment and hiring practices are in accordance with this and other university procedures and the WAC.

 2. Consult with human resources regarding this and other university procedures.

 (D) Human resources shall:

 1. Develop and recommend promotional policy and procedures.

 2. Administer this procedure in accordance with the WAC and the policy.

 3. Review and approve recruitment notices for compliance with procedure and in adherence with sound practices.

 4. Provide interpretation and consultation to managers and supervisors regarding this procedure, the policy and the WAC.

 5. Provide recommendations to the appropriate appointing authority regarding exceptions to this and other university procedures in accordance with the WAC.

 (E) Employees shall:

 1. Provide the university with complete and accurate information regarding their skills and qualifications relative to the position(s) sought.

 [Responsibility: BFA; Authority: Chapter 357-16 of the Washington Administrative Code (WAC), Recruitment, Assessment, and Certification; Reviewed/Endorsed by: PAC (3/16/2005); Review/Effective Date: 07/01/2005; 03/30/2012; 10/4/2018 (reviewed); 05/27/2021 (reviewed); Approved by: James L. Gaudino, President]

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CWUR 3-40-140 Recruitment, Retention, and Hiring

Applies to: Civil Service, Exempt, and Faculty Positions

The creation and maintenance of a diverse workforce reflects and supports the changing diversification of the larger society and is critical to our success in serving the diverse and inclusive needs of our student body.

1. Definitions

(A) Executive Officers: President, Provost/Vice President for Academic Affairs, Senior Vice President for Finance and Administration, and Vice President for Student Engagement and Success.

(B) Appointing Authorities: As defined in CWUP 1-80-010 Appointing Authority and CWUP 2-10-170 Appointing Authority, Delegation of Authority and Contracting Authority

(C) Search Committees: Search committees are formed by the appointing authority to assist in recruitment and selection of tenure--track faculty and senior administrative positions. Senior administrative positions are defined as the president, members of the president’s cabinet, deans, associate and assistant provosts, vice-presidents, directors and any other direct reports to cabinet members.

(D) Constituents: Constituents are those groups and individuals who rely on, or collaborate with, a particular university position. Constituents include co-workers, colleagues, students, and customers.

(E)  Diversity: Diversity includes group, social and individual differences. Diversity for affirmative action purposes as defined by federal guidelines includes sex, race (Caucasian, Black, Asian, Pacific Islander, American Indian/Alaskan Native), ethnicity (Hispanic), status as a protected veteran, and status as a person of disability.

(F) Diversity Advocates: Diversity advocates receive university training in best practices for recruiting, hiring, retaining, and mentoring diversity faculty and staff. Diversity advocates are required as full members of all search committees and will be available to participate in events associated with on-campus visits of search finalists.

(G) Inclusivity: Inclusivity is the active, intentional, and ongoing engagement with diversity in the curriculum, in the co-curriculum, and in communities (intellectual, social, cultural, geographical) with which individuals might connect in ways that increase awareness, content knowledge, cognitive sophistication, and empathic understanding of the ways individuals interact within systems and institutions.

(H) Recruitment Area: Recruitment area is assigned by job group in the university’s annual affirmative action plan. It is determined for individual positions by careful consideration of the availability of a qualified and diverse pool of applicants within a geographic area, the feasibility of relocation and/or commuting, and salary range. Recruitment area for external searches may be local, statewide, regional, national, or international. Internal searches are university-wide.

(I) Availability: Availability is an estimate of the number of qualified minorities or women available for employment in the job group. It establishes a benchmark to determine the success of a given recruitment process.

(2) Search Process Participant Composition and Responsibilities

(A) Departments

Departmental responsibilities in the search process are as follows:

1. In collaboration with Human Resources, establish written recruitment procedures that are specific to departmental needs and consistent with university policy.

2. Search Committees: Search committees will be composed of a diverse cross section (gender, race/ethnicity) representative of position constituents.

3. Search committees are responsible to fulfill expectations communicated from the appointing authority, inclusive of the following:

a. Review the position description and recruitment plan drafted by the appointing authority and provide any recommendations for additions or changes to the appointing authority.

b. Develop a robust advertising and marketing plan to ensure a diverse pool of qualified applicants.

c. Work with HR to determine the appropriate length of the recruitment period based on the organizational level of the position, advertising lead time, and needs of the department.

d. Actively seek a diverse pool of applicants as described by availability. Use availability compared to actual pool data (provided at three stages—applicants, qualified applicants, on-campus interviews) to gauge recruitment strategies and determine next steps. If the diversity pool is not maintained through each stage, notify the appointing authority, who will decide whether to move forward.

e. Screen submitted documents, check references, and conduct remote interviews if appropriate.

f. Forward to the appointing authority a list of final candidates.

(B) Appointing Authorities

Appointing Authority Responsibilities in the search process are as follows:

1. Create a template for the recruitment process that ensures a qualified and diverse pool of applicants.

2. Appoint search committees to guide the recruitment and selection process, or delegate appointment to departments.

3. Ensure that opportunities to volunteer for service on search committees is open to all qualified members of a department and that the selection process is judicious and representative.

4. Ensure that search committee members have completed implicit bias training.

5. Develop (or if delegating, review) the charge to the search committee (samples are available from HR).

6. Discuss requirements for the search process and outcome, including an emphasis on diversity and inclusivity.

7. Establish a timeline and modalities for various stages of the search.

8. Discuss interview questions, identifying those that are appropriate, those that are inappropriate, and those most likely to yield information about that candidate that is not contained in resumes or curricula vitae.

9. Emphasize the importance of maintaining confidentiality throughout the search.

10. Continually monitor the process to ensure that the charge is being carried out and to answer questions as they arise.

11. Obtain from the search committee, at each step of the search process, evidence indicating that availability criteria have been met and a rationale when availability criteria have not been met. Continue or fail the search depending upon acceptability of the availability failure rationale presented.

12. Accept and review the list of finalists presented by the search committee.

13. If the list of finalists is acceptable, prioritize the list and arrange for offers to be made in priority order.

14. If the list is not acceptable, for lack of diversity or for other reasons:

a. refer the search back to the search committee to bring forth additional candidates from the existing pool; or

b. authorize the search committee to extend the current search to acquire additional candidates; or

c. declare a failed search and work with HR to determine the next steps.

(C) Human Resources

Human Resources responsibilities in the search process are as follows:

1. Provide guidance and advice in all things related to recruitment and selection to appointing authorities, supervisors, managers, and search committees on policy, procedures, timelines, and responsibilities. Ensure that templates, samples, and drafts are updated and available on the HR website at https://www.cwu.edu/about/offices/human-resources/index.

2. Review search committee composition and solicit approval from the vice president for diversity, equity, and inclusivity.

3. Collaborate with search participants to develop recruitment plans and advertising/marketing strategies.

4. Provide to the vice president of inclusivity and diversity, search committees, and appointing authorities a comparison of availability to diversity of applicant pool at three stages of the recruitment process: applicant pool, qualified applicants, and on-campus interviews.

5. Inform appointing authorities and executive officers of recruitment issues as they arise and as early in the process as possible so that alternative strategies can be employed.

(D) Vice President for Inclusivity and Diversity

The Vice President of Inclusivity and Diversity responsibilities in the search process are as follows:

1. Annual review of Recruitment, Retention, and Hiring Policy and Procedure documents to ensure currency and to foster discussion of the relationship between current policy/practice and desired outcomes, including progress toward meeting university diverse workforce goals.

2. Review and approve the composition of search committees as referred by Human Resources.

3. Participate in discussions about the recruitment, hiring, and retention of diverse faculty and staff with selected search committees periodically and with appointing authorities annually.

4. Monitor the progress of diverse faculty and staff and recommend changes in process or in policy when difficulties are noted.

5. Receive and review an annual report, quantitative and qualitative, on diverse faculty recruitment, hiring, and retention.

(3)  Recruitment Period and Screening Statement

(A)  The recruitment period is defined as the time period between the commencement of advertising and the date screening of applications will begin.

(B)  Open screening dates, rather than firm deadlines, are recommended. Open screening dates allow departments to continue recruiting and accepting applications until  the position is filled and are particularly useful when pools lack a sufficient number of applications or sufficient diversity.

(C) Applications received, or made complete, before the screening date will be screened. Applications received, or made complete, on or after the screening date may be screened against the existing pool at the time the application is received or made complete.

(D) The screening process must be consistently applied and documented.

(4)   Direct Appointments:

1. Application for direct appointment must include information about how the individual will support the CWU mission and vision and help create and retain a diverse workforce. For direct appointments of faculty, support from the academic department is required.

(B) Direct appointments must be approved by the division head, appointing authority and President. 

[01/16/2008; 01/06/2010; 03/30/2012; 06/06/2012; 06/05/2014; 01/22/2016; Responsibility: F&A; Authority: CWUP 2-30-200; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 04/15/2020; 06/17/2020; 03/08/2023; Approved by: A. James Wohlpart, President]

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CWUR 3-40-145 Dual Career Assistance

Human Resources will provide information about the opportunity for dual career assistance for a particular position to the search committee chair, search committee, and/or appointing authority as the search process begins. Potential candidates and/or applicants are informed about the policy through search and marketing materials.

It is the responsibility of the candidate/employee to inform the department and/or appointing authority (before or after an offer is tendered) so that opportunities can be identified. Current employees should make their department chair or director aware of the need for dual career assistance as the need arises. The candidate or current employee must supply information regarding the spouse/partner’s educational background, experience, and employment history to the primary hiring authority.

It is the responsibility of the appointing authority to review the request for dual career assistance to determine whether to proceed with the request. The decision to move forward with the request or not should be based on the department’s desire to recruit/retain the primary candidate. The appointing authority informs either a) HR (for moving forward) or b) primary candidate (when deciding not to move forward) as described below. 

If moving forward with the request, the appointing authority consults with HR to identify where opportunities may exist. If an opportunity does exist that matches the spouse/partner’s qualifications, the appointing authority contacts the target unit appointing authority regarding the need for dual career assistance. It is important to note that placements occur only when mutually beneficial to the individual and the target unit.

The target appointing authority reviews and evaluates the request for dual career assistance and upon initial approval, works with the department chair/director and HR for further review.

1. Existing and vacant position: In the case where there is a current opening and/or a vacant, whether a search is presently on-going or not, the search committee for the targeted position evaluates the potential candidate against the job description and requirements. The decision to proceed or not should be based on the qualifications and experience of the spouse/partner, the needs of the department, college/division, and university, and input from faculty/staff.

If the search committee, along with faculty/staff, believe that the spouse/partner could fill the open position, it may put the regular search on hold.  If the search committee, along with faculty/staff, decides to proceed with the request, the search committee chair sends the candidate’s materials to the targeted department chair/director with a recommendation to proceed.

If the search committee, with input from faculty/staff, believes that the potential candidate is not the most preferred candidate, then the search committee chair provides written notification to the targeted department chair/director and outlines reasons for non-selection based on the job description or recommends a full search for the position in which the spouse/partner can apply.

2. New position: In the case where a new position is proposed to meet an identifiable institutional need, a job description with appropriate qualifications should be developed as a reference point for establishing institutional need within the target unit. Departments should work with HR to ensure compliance with university policy. New positions must be approved by the appropriate VP/President.

The target department/unit must initiate a timely evaluation process, including a review of a vita/resume and references against a written job description and conduct an interview with the spouse/partner. The target department should consider both the qualifications of the candidate and the suitability of the candidate to meet the needs or fulfill the plans of the target department. As soon as reasonably possible after the conclusion of evaluation, the target department will:

a. When a spouse/partner is deemed satisfactory, provide written recommendation, including a recommendation as to the nature of the appointment given the qualifications of the spouse/partner and the needs of the target department to the target appointing authority.

b. When a spouse/partner is deemed unsatisfactory, communicate a specific reason for non-selection related to the job description to the target appointing authority. Departments are not required to hire a candidate who requests dual career assistance but they must have a reason for non-selection related to the job description.

Whether the spouse/partner is deemed satisfactory or unsatisfactory by the target department, the target appointing authority will inform the VP/President of both the target department and the primary department of the decision and provide in writing a rationale for the decision. It is the responsibility of the primary appointing authority to communicate with the primary candidate regarding status of employment for spouse/partner.

[Responsibility: BFA; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 10/26/2016; Approved by: James L. Gaudino, President]

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CWUR 3-40-150 Rehiring Retirees

Applies to - Supervisors who are engaging in an employment relationship with new hires who previously retired under the Public Employees Retirement System (PERS), Teachers Retirement System (TRS), or Law Enforcement Officers’ and Fire Fighters’ (LEOFF) or CWU Retirement Plan (CWURP)

Administrative Responsibility

Appointing Authorities shall:
1. Consult with their Human Resource Representative when considering hiring any retiree from a public retirement system, including CWURP.
2. Hire the retiree through an established recruitment and hiring process used by the University.
3. At no time prior to the retirement of individual PERS or TRS employees engage in a written or verbal agreement with the employee to resume employment with the same employer following retirement.
4. Not hire a PERS or TRS employee until one full calendar month after their retirement date.


Human Resources shall:
1. Provide guidance and consultation to supervisors and managers who desire to re-employ retiree staff members.

Employees shall:
1. Cooperate with the university and DRS regarding monitoring hours worked. (It is the employee’s responsibility to stay in compliance with their available hours.)

[Responsibility: BFA; Authority: RCW 41.40.037, RCW 41.32.570, RCW 41.26; CWUP 2-30-210; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 10/3/2007; 03/05/2009; 03/30/2012; 9/5/12; 09/21/2018; Approved by: James L. Gaudino, President]

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CWUR 3-40-160 Classified Employee Salary Determination

Applies to – All non-represented classified employees. To the extent that this procedure addresses the terms not covered under collective bargaining agreements for represented employees, the terms of this procedure shall prevail.

1. New Employees

The university shall assign a base salary for initial appointments within the appropriate range of the Washington State Salary Schedule. The initial salary will ordinarily be at the entry level of the salary range for the assigned classification. Entry base salary for employees transferring from another state agency or institution without a break in service will be established as referenced in this procedure. An appointing authority may authorize an initial starting base salary above the entry level of the assigned salary range , not to exceed the top step of the range,

2. Current Employees - The base salary of a classified employee may be changed by any of the following:

Demotion: The base salary of an employee who voluntarily demotes to another position in lieu of layoff, or who requests voluntary demotion for reasons not related to layoff or discipline, will be set in accordance with WAC 357-28-135. The base salary of an employee who is demoted for disciplinary reasons shall be set in the new salary range at the discretion of the appointing authority, not to exceed the top step of the new salary range.

Layoff: The base salary of an employee appointed to a position as a result of layoff will be set according to WAC 357-28-135 and this procedure.

Periodic Increment Date (PID): Periodic Increment Date will be administered in accordance with WAC 357-28.

Promotion: The base salary of an employee promoted or reclassified to a position with a higher salary range shall be set in accordance with WAC 357-28-110.

Reallocation: The base salary of an employee reallocated to a position with a higher salary range shall be set according to WAC 357-28-115. The base salary of an employee reallocated to a position with the same or lower salary range maximum shall be set according to WAC 357-28-120.

Recruitment and Retention:

An appointing authority may authorize premium pay to support the recruitment of a candidate or retention of an incumbent in a specific position in accordance with WAC 357-28-095.

Standby Pay: Overtime eligible employees required to restrict off-duty activities to be immediately available for duty must be compensated for time spent in standby status.

Transfer/Reassignment: The base salary of an employee who transfers, or is reassigned to another position in the same classification, or to a different classification at the same salary range, will retain their base salary.

Trial Service Reversion: The base salary of an employee who voluntarily or involuntarily reverts during a trial service period shall be set in accordance with WAC 357-28-150. If the employee is reverted to a position with a lower salary range maximum than the salary range maximum as the class in which the employee last held permanent status, the base salary shall be set at the step in the new range which is closest to the salary held prior to trial service reversion, not to exceed the top step of the new salary range.

If an employee is reverted following a voluntary demotion from trial service to a class with the same salary range maximum as the class from which the employee is reverting; the employee will retain their current base salary. If the employee is reverted to a position with a lower salary range maximum than the class from which the employee is reverting, the base salary shall be set at the step in the new range which is closest to the current salary, not to exceed the top step of the new salary range.

Temporary Promotions: The base salary of an employee temporarily assigned the full scope of duties and responsibilities of a higher level classification for more than thirty (30) calendar days will be set in accordance with WAC 357-19-442. Temporary salary adjustments under this section do not include time-limited planned training assignments outside an employee’s current job class for the purpose of career development.

3. Exceptions:

In range and above range salary adjustments to base pay beyond that stated in this procedure may be granted in accordance with the applicable WAC and established university procedures, when it is in the best interest of the university to grant an exception.

[03/16/2005; 07/01/2005; 09/01/2009; 03/30/2012: Responsibility: BFA; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 06/04/2014; Approved by: James L. Gaudino, President]

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CWUR 3-40-170 Training and Development

This procedure applies to all staff which includes non-represented classified and exempt employees and faculty, when applicable. To the extent this procedure addresses terms not covered under collective bargaining agreements for represented employees or faculty, the terms of this procedure shall prevail.

(1) Administrative responsibility

(A) President’s Executive Leadership Team (ELT)

1. Set the institutional tone for the university by fostering a culture where learning expands beyond the student body to encompass faculty and staff.

2. Support resources needed for a training and development program.            

(B) President, vice presidents and division and department heads

1. Ensure managers and supervisors attend mandatory training within established timeframes.

2. Ensure employees complete training required by state and/or federal law.

(C) Supervisors

1. Discuss with each employee, at least annually through the performance management process, job or career-specific training and development needs and opportunities.

2. Assess employee training and development needs and work with each employee to develop a realistic plan.

3. Operate in compliance with the university’s training and development plan.

4. Attend mandated supervisor training within six (6) months of the date of appointment to a supervisory position.

5. Ensure employees complete training required by state and/or federal law.

(D) Employees

1. Participate in assigned training and development activities.

2. Notify their supervisors, for their consideration, of any training opportunities that appear relevant to the employee’s job or career and are likely to enhance the employee’s knowledge, skills, or abilities.

3. Complete training required by state and/or federal law.

(E) Human resources

1. Develop and recommend the training and development policy and procedures.

2. Administer these procedures in accordance with Washington State and university policies.

3. Designate a learning administrator who is responsible for employee training and development.

4. Develop the university training and development plan and related procedures.

5. Provide interpretation and consultation to managers and supervisors regarding the Washington State and university policy on training and development.

(F) Central Learning Academy (CLA)

1. Provide leadership and coordination for training and development activities and initiatives.

2. Encourage and actively communicate best practices to supervisors and managers.

3. Design, coordinate, and implement learning programs to assist the university in accomplishing its mission.

4. Provide assistance and guidance in the development of succession plans and mentoring programs.

(2) Mandatory training

(A) The expectation of the mandatory training outlined in CWUP 2-30-260 will be met as follows:

1. New employee orientation

a. This expectation is met by attending New Employee Welcome (NEW). It is recommended that employees attend on their first day of employment. Therefore, sessions are scheduled to coincide with start dates and fall on the 1st and 16th of each month or the first business day following. 

2. Supervisor training

a. This expectation is met by completing the Supervisor Quick Start course and the Emotional Intelligence for Supervisors workshop. 

3. Emergency preparedness

a. This expectation is met by participating in instructor-led emergency preparedness workshop or online course at least every other year.

4. Treating people with dignity and respect.

a. This expectation is met by completing one of the following every three (3) years:

Treating People with Dignity and Respect for Employees online course or Treating People with Dignity and Respect for Supervisors online course. This requirement may also be completed as an instructor-led workshop for intact teams by request through Human Resources.

[03/16/2005; 07/01/2005; 09/01/2009; 03/30/2012; Responsibility: BFA; Authority: WAC 357-34 and FLSA, CWUP 2-30-260; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 06/03/2015; 05/26/2023; Approved by: A. James Wohlpart, President]

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CWUR 3-40-180 Uniform Service Shared Leave Pool (USSLP)

(1) Applies to – Civil Service and Exempt employees who are eligible to receive shared leave from the USSLP and employees who wish to donate leave to the USSLP.

(2) Administrative Responsibility

(A) Employees shall:
1. Be eligible to receive shared leave from the USSLP when the employee’s monthly military salary is less than the employee’s state monthly salary (as defined in WAC 357-31-650). However, eight hours or more per month may be used from the pool, for the purpose of continuing medical benefits regardless of the employee’s state and military leave.
a. Shared leave received from the Uniformed Service Shared Leave Pool is not included in the 522 days limit specified in RCW 41.04.665.
2. Apply for USSLP by using the USSLP-Recipient Form and respond to or attach information as required on the form located on the Human Resources (HR) webpage.
3. Report to the Washington Military Department any change to their military status or orders of state monthly salary which could affect the amount of the USSLP they are eligible to receive.
4. Submit appropriate absence request(s) to use any donated leave.
5. Donate leave using USSLP-Leave Donation Form located on the HR webpage.
a. An employee who is eligible to donate leave under WAC 357-31-685 may donate leave to the USSLP.
b. Employees may not donate excess annual leave that the donor would not be able to take due to an approaching anniversary date.
6. Leave donated to the USSLP is withdrawn from the pool by employees according to procedures established by the Washington Military Department. Employees who wish to donate their leave to a specific employee should consider donating leave under the CWU Shared Leave Program or contact HR/Payroll for more information.

(B) Supervisors and Managers shall:
1. CWU supervisors and managers, in consultation with human resources, shall investigate any alleged abuse of the USSLP.

(C) HR shall:
1. Provide donor and recipient forms for employee use.
2. Provide guidance and consultation to employees, supervisors and managers who have questions regarding USSLP.
3. Review and approve donations/requests for leave from USSLP ensuring compliance with applicable WACs, RCWs, university policy, collective bargaining agreements, and the Exempt Employees’ Code.
4. Provide written notification of the approval to receive USSLP to the employee and their supervisor which includes:
a. The date the employee was eligible to receive USSLP.
b. The amount of shared leave the employee is eligible to use each month.
c. Informing the employee of their duty to update the Washington Military Department of any changes to their military salary, orders, or state monthly salary which could affect the amount of the USSLP they are eligible to receive.
5. Calculate the amount of donated leave required to maintain and pay for benefits.

(D) Payroll Services shall:
1. Document receipt of payment utilizing the USSLP Accounting Practices.
2. Convert employee’s leave to dollars and forward payment to the USSLP following the USSLP Accounting Procedures.
3. Update the recipient employee’s leave balances in the Time and Attendance system. .
4. Deduct leave from donating employee’s leave balance(s) in Time and Attendance system.
5. Monitor the use of donated leave to ensure compliance with maximum allowable salary.
6. Monitor leave available to employee and use locally donated shared leave prior to leave from USSLP.
7. At the completion of the recipient’s military service, notify the Washington Military Department that the employee has returned to their state position and return any unused leave to the USSLP utilizing the USSLP Accounting Procedures.

CWUP 2-30-270 Uniform Service Shared Leave Pool Procedure

[Responsibility: BFA; Authority: RCW 41.04, RCW 43.79, WAC 357-31-640 through 357-31-725 CWU Administrative CWUP 2-30-270; Reviewed/Endorsed by: PAC; Review/Effective Date: 02/01/2017 03/30/2012; 01/02/2008; Approved by: James Gaudino, President]

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CWUR 3-40-185 Foster Parent Shared Leave Pool

(1) Applies to – state employees who are eligible to receive shared leave from the Foster Parent Shared Leave Pool and employees who wish to donate leave to the shared leave pool.

(2) Administrative Responsibility

(A) Employees requesting leave shall:

1. Submit a Foster Parent Shared Leave request form to Human Resources; and contact the Department of Social and Health Services with any specific licensure questions.

2. Submit proof of a current foster parent license to Human Resources.

3. Submit appropriate absence request(s) via the Time & Attendance system to use donated leave.
(B) Employees donating leave shall:

1. Donate leave using the Foster Parent Shared Leave donation form.

2. Comply with requirements identified in WAC 357-31. An employee may not donate excess vacation (annual leave) that will be lost due to an approaching anniversary date.

3. Leave donated to the foster parent shared leave pool is withdrawn from the pool by employees according to procedures established by the Department of Social and Health Services.

(C) Supervisors and Managers shall:

1. In consultation with Human Resources, investigate any alleged abuse of the Foster Parent Shared Leave Pool.

(D) HR shall:

1. Provide guidance and consultation to employees, supervisors and managers who have questions regarding the Foster Parent Shared Leave Pool.

2. Provide forms for employee use.

3. Review and approve requests for leave ensuring compliance with applicable WACs, RCWs, university policy, collective bargaining agreements, and the Exempt Employees’ Code. Prior to approval, work closely with Payroll and the Department of Social and Health Services to ensure that there are adequate funds in the pool to cover the request.

4. Provide written notification of the approval to receive foster parent share leave to the employee and their supervisor which includes:

a. The date the employee was eligible to receive foster parent shared leave.

5. Investigate any alleged abuse of the foster parent share leave pool in conjunction with the Department of Social and Health Services.

(E) Payroll Services shall:

1. Review and approve requests for leave ensuring compliance with applicable WACs, RCWs, university policy, collective bargaining agreements, and the Exempt Employees’ Code.

2. Document receipt of payment from the Department of Social and Health Services and convert monetary payment to leave for the use of foster parent care.

3. If donation is applicable, convert employee’s leave donation to dollars, request Accounts Payable check and forward payment to the Department of Social and Health Services Parent Shared Leave Pool for processing. 

4. Update the recipient employee’s leave balance(s) in the Time and Attendance system.

5. Deduct leave from donating employee’s leave balance(s) in the Time and Attendance system.

6. Monitor the use of donated leave to ensure compliance.

[Responsibility: BFA; Authority: BAC; Reviewed/Endorsed by: Cabinet/PAC; Review/Effective Date: 06/13/2018; Approved by: James L. Gaudino, President]

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CWUR 3-40-190 Workplace Violence

Applies to – All university staff. To the extent that this procedure addresses terms not covered under collective bargaining agreements for represented employees, the terms of this procedure shall prevail.

(1) Preventive Measures

(A) Training – Training on how to respond and prevent workplace violence is offered as part of leadership skills/supervisor training.  University police and parking services will provide department training upon request.

(B) Incident and Pre-Incident Procedures – Any member of the university community observing behavior that is in violation of the workplace violence policy, or that could reasonably be interpreted as a precursor to an act of violence or intimidation, shall make an immediate report to university police and parking services. In cases of imminent danger, the university police and parking services will intervene.  When time and circumstances permit,the supervisor of the employee-victim and/or employee-perpetrator, the AVP finance and business auxiliaries; and, as applicable, the chief human resource officer, the dean of student success, or appropriate dean, will make a threat assessment and report to the appropriate vice president or provost.

(C) Supervisor Responsibility – Supervisors are critical to the prevention of employee violence in the workplace. By recognizing early signs and intervening prudently and appropriately, supervisors can reduce the chances of eruptive violent behavior. When left unchecked, inappropriate behaviors can escalate to higher levels. Behavioral warning signs which, in some combination, may indicate a potential for violence, could include but are not limited to:

1. paranoia (e.g. "others are out to get me or my job")

2. frequent angry outbursts, difficulty controlling temper

3. recent isolation of self from co-workers

4. rash or impulsive behavior without apparent forethought

5. failure to accept criticism, blaming others when things go wrong

6. drug/alcohol use or abuse

7. obsession about possessing or collecting weapons

8. co-workers have concerns about, or  fear,  this person

9. bragging about past acts of violence

10. threats (e.g. “one of these days, they are going to be sorry”)

A supervisor, who observes such behaviors in an employee, particularly when they represent behavioral change, should consult with his or her supervisor to determine whether or not other university resources are required. The human resources department should be notified and the employee assistance program contacted for assistance.The student health and counseling center and the department of police and parking services can help with this determination.

If a supervisor believes that someone may be in imminent danger, or if the incident in question resulted in anyone being physically harmed, the supervisor should dial 911. The department of police and parking services will advise the supervisor as to a course of action and will also contact, as applicable, the appropriate administrator.

Under certain circumstances, a supervisor may have to act prior to contacting other university resources. Where appropriate, supervisors should rely on information received in training and related programs. As soon as possible, the supervisor should follow the reporting procedure outlined above.

(2) Action in Response to a Violent, Abusive or Threatening Behavior

(A) During or immediately after any incident, dial 911.The department of police and parking services will establish order and control the area.

(B) A post-incident emergency management team shall insure that proper attention is given to medical, law enforcement, counseling, employment and public relations issues. If a student is involved, the post-incident team shall include the dean of student success. If a faculty member is involved, the post-incident team shall include the appropriate dean and the provost.

(3) University Premises

(A) For the purpose of this policy, the workplace and university premises are defined as:

1. The physical premises of Central Washington University in Ellensburg, WA, as well as any other premises owned and/or controlled by Central Washington University, including the Centers;

2. Such other properties that may be rented or leased by Central Washington University;

3. Motor vehicles that are owned or leased by Central Washington University;

4. Locations to which an employee is assigned in the performance of his or her duties, e.g., an event at another institution;

5. Location in which a student is present at a university-sponsored event or activity, e.g., a study-abroad program or athletic venue at another institution;

6. Extensions of the physical workplace in the case of incidents that begin on campus and proceed off-premises, e.g., stalking, harassment.

(4) Sanctions

(A) Violation of this policy by any employee may result in disciplinary action up to and including termination of employment and/or criminal prosecution. Violations by students will result in university judicial action and/or criminal prosecution. Violations by groups or individuals who are neither employees nor students will result in restriction from university property and/or criminal prosecution.

[10/02/2007; 03/30/2012; Responsibility: BFA; Authority: CWUP 2-30-280; Reviewed/Endorsed by: UPAC (Policy and Procedure Separated 9/5/07); Cabinet 2/27/2013; UPAC 03/06/13; Review/Effective Date:03/06/2013, 01/22/2019; Approved by: James L. Gaudino, President]

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CWUR 3-40-200 Employment of Foreign Nationals

Related policy: CWUP 2-30-115

(1) Searches

In all cases, regardless of visa type, the department must conduct the search as normally required for the position and submit to the appointing authority all usual documentation, as well as obtaining approval to sponsor the visa petition. Because each visa petition is unique, departments and the new employee are expected to work closely with Human Resources (HR) throughout the process.

(2) Department Responsibilities

(A) Each hiring department is responsible for the employment of foreign nationals within their department. HR acts as an agent and representative for university and the employee in the filing of petitions through the Washington State Attorney General’s Office (AGO).

1. At the outset of the search process confirm whether the position is eligible for visa sponsorship. CWU visa sponsorship is restricted to full-time, tenure-track, permanent academic positions only. Grant funded positions are not eligible. Rare exceptions may be made for staff, with the Provost’s or Vice-President’s written approval.

2. Should foreign nationals emerge as viable candidates in the search process, contact with the HR Immigration Specialist with questions or concerns.

3. As a part of the screening process, the search committee will ask the following two questions regarding each applicant’s ability to work in the US. All applicants should be asked at the same stage in the interview process and all answers should be documented:

a. Are you legally authorized to work in the U.S.?

b. Will you now or in the future require ‘sponsorship for an immigration-related employment benefit’?

4. Consult with HR before making an offer if candidate answered “yes” to both of these questions.

5. Obtain written approval for sponsorship from the respective dean and the provost/vp and forwarded to HR in advance of beginning the petition for any type of visa. HR will work with the appointing authority for payment of the related application and legal fees.

6. Be aware of time frames and other restrictions, for example:

a. Developing the visa petition and USCIS processing times combine to create a lengthy process, some of which cannot be expedited. This must be taken into consideration for the hiring timeline.

b. Sponsorship of a visa does not equate to an assurance of reappointment or promotion to a tenured position. All university regulations and policies governing personnel actions are applicable to foreign nationals.

c. Not all costs of the visa process are covered under a sponsorship. In accepting the position and the sponsorship, the candidate must be prepared to pay some specific costs out-of-pocket (e.g., I-485 Adjustment of Status filing & legal fees, medical exams, immunizations, etc.).

d. CWU does not sponsor visas for dependents, therefore the individual bears all costs.

7. Ensure that the new employee:

a. Does not begin working until they have obtained all necessary USCIS approvals as required.

b. Is performing only those responsibilities on the position description.

i. Any change in duties, working conditions, or FTE requires filing an amendment with the USCIS on an H1B visa.

ii. A salary reduction requires an amendment; however, an increase in salary does not.

c. Completes the I-9 process and documentation at HR.

d. Completes the required CWU on-boarding procedures.

8. Be transparent about CWU immigration policy and procedural intentions.

a. Make use of the HR Immigration Specialist as a resource for questions or concerns the department and/or new employee may have and be as pro-active as possible about reporting potential issues so that they may be addressed in a timely fashion.

b. Respond promptly to requests for information and/or documentation from the AGO/HR Immigration Specialist. Help the new employee understand the importance of complying with documentation requests, as well as the prolonged nature of the U.S. visa process.

9. Provide personal courtesies such as housing assistance, information about the local community, and any other appropriate information or assistance the employee needs. The Office of International Studies and Programs and HR can assist in the process as needed.

10. Notify HR when any foreign national leaves CWU employment for any reason.

(3) H1B: Nonimmigrant Temporary Worker in Specialty Occupations

(A) Basic Information

1. Must be employer sponsored.

2. Requires a bachelor’s degree or higher. This degree requirement is common to the industry/job and is normally required by the employer for the position. A professor at the university level is always considered a specialty occupation.

3. Employer must file a Labor Condition Application (LCA, ETA Form 9035) and attest to the occupational classification, wage offered, the prevailing wage, work location(s), and the employment dates. LCA is valid for 18 months.

4. The H-1B visa is valid for three years plus one extension of three years (six years total), though may be extended beyond six years if the petition for permanent residency is in process.

5. Can take six months or more to obtain the H-1B approval.

6. Allows for Dual Intent, i.e., the individual is allowed to be in nonimmigrant status and simultaneously apply for permanent residency.

7. If the individual is already in H-1B status at the time of hire, the visa may be transferrable from the previous employer to CWU.

(B) Other Considerations

1. Adherence to petition processing deadlines is required. Response to any requests for documentation from the AGO should be given top priority.

2. USCIS processing time frames are in constant flux.

a. Any visa petition must have prior approval from the respective dean and provost/vp.

b. H-1B petitions are submitted as soon as possible, and according to deadline priority established by the AGO. However, USCIS will not accept petitions which are filed over six months in advance of the requested start date.

c. Paying a premium processing fee is an option to expedite the petition review. Either party may opt to pay this fee. Contact the HR immigration specialist for details.

d. Complete procedures from HR.

e. The H1B beneficiary should not travel outside the US while the petition is in progress.

3. Once the H1B approval is received, readmission to the US is allowed with the approved H1B, current passport, and current visa stamp.

a. Due to changing immigration policy at the federal level, it is always prudent to check with the US Customs & Border Protection to verify the documents required for readmission prior to departure.

4. H1B visas are employer specific. Any employment outside of CWU requires a separate employer-sponsored H1B.

5. Other income allowable while in H1B status may include:

a. Honorarium if paid by the host institution.

b. Expense reimbursement for costs associated with brief speaking engagements.

c. Summer employment at CWU that is in full alignment with their usual duties.

d. Royalties for a book or invention.

6. If employment is terminated before the end of the H1B period, the university must offer to pay the beneficiary’s return to their last place of legal residence. This funding does not extend to family members or personal belongings.

(4) Permanent Residency (PR) – also known as “Green Card”

(A) CWU will sponsor only tenure-track or tenured faculty positions, with rare exceptions. It can take well over a year to complete the petition filing, particularly in the case of an EB2. Once the permanent residency is approved, it will be another wait for a green card opening to become available. Based on the home country, some waits can be a decade or more. This necessitates H1B extensions until the permanent residency is received and generates the corresponding additional time and legal expense.

(B) General Information

1. EB-1 = Employment-Based Immigration – First Preference

a. Requires a bachelor’s degree or higher.

b. Demonstrated “extraordinary ability” in the profession by meeting or exceeding specific USCIS criteria.

c. Employer must file the I-140 Petition for Alien Worker, for the Outstanding Professors & Researchers category.

d. Most direct path because filing for a PERM is not required.

2. EB-2 = Employment-Based Immigration – Second Preference

a. Requires a Bachelor’s degree or higher.

b. Demonstrated “exceptional ability” in the profession by meeting or exceeding specific USCIS criteria.

c. Employer must file the I-140 Petition for Alien Worker.

d. PERM is required.

1. Requires the employer to conduct recruitment efforts to test the U.S. labor market, which document that the employer has been unable to find qualified U.S. citizen or existing permanent resident workers at the offered wage in the area of intended employment who are able, willing, and qualified for the position. The employer must also attest that the foreign national will not displace a qualified U.S. worker or adversely affect the wages and working conditions of similarly-employed U.S. workers.

2. The documents establishing the recruitment efforts and results are retained by HR in an audit file for 5 years.

e. Plan for a lengthy process - ten months to 3 years or more.

1. Foreign national is able to continue working as long as the H1B status is kept current.

(C) Other Considerations

1. Petition processing deadlines must be adhered to. Response to any requests for documentation from the AGO should be given top priority.

2. USCIS processing time frames are in constant flux.

a. Any visa petition must have prior approval from the respective dean and provost/vp.

b. H-1B petitions are submitted as soon as possible, and according to deadline priority established at the AG’s office.

However, note that the USCIS will not accept petitions filed over 6 months in advance of the requested start date.

c. Paying a premium processing fee is an option to expedite the petition review. Either party may opt to pay this fee. Contact the HR immigration specialist for details.

d. Complete procedures from HR.

3. During the review process for any visa type, USCIS may require submission of additional information through a Request for Evidence (RFE). The RFE is often very detailed, requiring additional internal and external benchmarks and more specific information about the beneficiary. Multiple RFE’s can be issued either simultaneously or sequentially. All requests must be responded to in a thorough and prompt manner. By definition, this extends the visa review process and adds another layer of complexity to the process. Thus, the importance of submitting thorough and accurate information in the initial petition cannot be overstressed.

4. Once the Green Card is obtained, the new permanent resident employee is under no legal obligation to stay with the sponsoring employer.

[Responsibility: BFA; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 02/11/2015; 06/13/2018; Approved by: James L. Gaudino, President]

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