Separation of Employment

Resignation
If an employee wants to terminate employment with the University of Arkansas at Pine Bluff, the employee should give a at least two weeks advanced written notice to the supervisor or administrative head of the department. A response notice of acceptance or rejection of the resignation should be given to the employee within five working day of receipt of the letter of resignation. An employee who voluntarily terminates employment with proper advance notice, whose work record has been satisfactory, will be considered for re-employment.The employee must return to the supervisor any UAPB property, including but not limited to keys, cellular phones and computers or related equipment the employee has in his/her possession before any refunds are made or the final check is released. Receipt of resignations shall be addressed in accordance with Board of Trustees Policy 405.3.
Termination
1. Administrative Employees
  The President of the University shall serve at the pleasure of the Board of Trustees, unless otherwise provided by contract. The vice presidents, members of the System staff, and the Chancellors or chief executive officers of each campus, division or unit shall serve at the pleasure of the President, unless otherwise provided by contract. Vice chancellors, associate vice chancellors, and assistant vice chancellors shall serve at the pleasure of their appropriate Chancellors or chief executive officer, unless otherwise provided by contract. Similarly, associate vice presidents, assistant vice presidents, and department heads shall serve at the pleasure of the Vice President for Agriculture, unless otherwise provided by contract. Persons in such positions are “at-will” employees and may have their employment terminated by the university for convenience at any time or may be dismissed immediately for cause. Although a dismissal for cause may be effective immediately, an administrator may seek review of a for-cause dismissal in accordance with the policies of the campus, division or unit. If no review policy applies, the administrator shall have the opportunity to seek, within five (5) working days of dismissal, review of the matter to the chief executive of the campus, division, or unit, or a designee selected by the chief executive, who shall make a final decision on the for-cause termination.
2. Faculty Employees
  1. Faculty members who have been awarded tenure have a right to continuous employment except for a disciplinary suspension, dismissal for cause (according to the procedures in Section IV., C. of Board Policy No. 405.1) or for termination in the event of demonstrably bona fide financial exigency, reduction or elimination of programs, retirement, resignation, or job abandonment.
  2. Faculty members in tenure-track positions who have not been awarded tenure, may be terminated at the end of the appointment period by a written notice, given in advance, according to the following schedule of time: When a tenured faculty member is serving in an administrative position as contemplated by this section, only the tenured faculty member’s administrative position is “at-will”. (See definition in Board Policy 405.1.) 1 Appointments, Promotion, Tenure, Non-Reappointment, and Dismissal of Faculty – University of Arkansas System (uasys.edu)
    1. For the first year of service, not later than March 1, if the appointment expires at the end of that academic year; or at least three months in advance of its termination if the appointment expires at some other time during the year.
    2. For the second year of service, not later than December 15, if the appointment expires at the end of that academic year; or at least six months in advance of its termination if an appointment expires at some other time during the year.
    3. After the second year of service, at least twelve months before the expiration of the terminal appointment. The terminal appointment will be for the academic or fiscal year, according to the appointment last held by the individual.These termination notice periods are those specified under IV.B., “Non-Reappointment”, in Board Policy 405.1. In addition to termination as outlined here, these employees may be dismissed for cause, or terminated in the event of demonstrably bona fide financial exigency, reduction or elimination of programs, retirement, resignation, or job abandonment pursuant to Board Policy 405.1.
  3. Clinical or other non-tenure track faculty who have received a multi-year term appointment under merit-based campus procedures approved by the President, may be terminated upon the expiration of their appointment or under campus procedures for such purpose, or they may be dismissed for cause by written notice of the chief academic officer of the campus, division, or unit, following verbal or written notice and opportunity to respond. Although the dismissal for cause may be effective immediately, the faculty member may, within five (5) working days of dismissal, appeal such termination directly to the Chancellor or chief executive officer of the campus, division or unit, with such decision to be final, or appeal in accordance with the grievance policies of the campus, division or unit. Further, such faculty may be terminated in the event of demonstrably bona fide financial exigency, reduction or elimination of programs, retirement, resignation or job abandonment. Terminations for bona fide financial exigency, reduction or elimination of programs, retirement, resignation or job abandonment are not appealable or grievable events.
  4. Other faculty members and other academic employees in positions for which tenure may not be awarded (part-time faculty in the ranks of assistant professor, associate professor, professor, University professor, and distinguished professor; clinical, research, teaching adjunct, or visiting faculty; research associates or research assistants; instructors, advanced instructors, senior instructor, master lecturers and lecturers; executive in residence; professor of practice and faculty in clinical attending positions at the University of Arkansas for Medical Sciences notwithstanding that such faculty may be designated as assistant professor, associate professor or professor) are considered “at will” employees and may be terminated for convenience at any time, or dismissed for cause by written notice by the chief academic officer or other senior designee of the campus, division or unit, following verbal or written notice and opportunity to respond. Although a dismissal for cause may be effective immediately, employees under this section may seek review of a for-cause dismissal in accordance with the review policies of the campus, division, or unit. If no review policy applies, these employees shall have the opportunity to seek, within five working days of dismissal, review of the matter to the chief executive of the campus, division, or unit, or a designee selected by the chief executive, who shall make a final decision on the for-cause termination. For appointments through June 30, 2018, termination for convenience is effected by giving written notice at least 60 days in advance of the date the employment is to cease. Thereafter, termination for convenience is effected by giving written notice at least 30 days in advance of the date the employment is to cease.
3. Staff Employees-Appointed or Regular Positions
  All staff employees of the university, whether full-time or part-time, who are appointed or hold regular positions, are “at-will” employees and may have their employment terminated by the university for convenience at any time or may be dismissed immediately for cause. In the case of grant termination or loss of appropriated funds, termination may be immediate. Although a dismissal for cause may be effective immediately, a staff member may seek review of a for-cause dismissal in accordance with the review policies of the campus, division, or unit. If no review policy applies, the staff member shall have the opportunity to seek, within five working days of dismissal, review of the matter to the chief executive of the campus, division, or unit, or a designee selected by the chief executive, who shall make a final decision on the for-cause termination.
4. All Other Employees and Student Workers (excluding Graduate Assistants)
  All other employees (for example, temporary and hourly employees who do not hold an appointed or regular position) and student workers (excluding Graduate Assistants, who are addressed in Board of Trustees Policy 500.1) may be terminated at any time without advance written notice. While advance written notice is not required, termination should be communicated to the employees and documented.
5. Non-Eligibility for Rehire.
  Pursuant to Board Policy 405.3, an employee who has been dismissed for cause as defined by the policy or who has been designated by a University of Arkansas System campus, unit or division as not eligible for re-hire shall not be eligible for re-employment within and of the University of Arkansas Systems’ campuses, units or divisions. (UASP 405.6) UASP 405.6, Termination of Employment (uasys.edu)
Termination Pay
When an employee terminates employment and clears the university, the amount due from unused accrued annual leave not exceeding thirty days or 240 hours, any accrued compensatory time accrued as a result of authorized overtime work, and any accrued holiday time, if the employee is non-exempt, will be paid to the employee on the 15^th of month following employee’s termination date. If the employee is transferring to another state agency or institution of higher education, the employee will be paid for any accrued unused compensatory time. Annual leave will be transferred. Sick leave balance will also be transferred for an employee transferring to another state agency or institution of higher education. . If an employee dies while an active employee, payment for leave due the employee will be made to the employee’s estate.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
When an employee is terminated for any reason other than as a result of gross misconduct while covered by the health insurance plan, or if an employee reduces his/her workload to a part-time position and is no longer eligible for coverage under the health insurance plan, the employee may continue coverage, at his/her own expense, for up to eighteen months or until the employee is covered by another plan, whichever comes first, under the provisions of the federal Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). Covered dependents may also be eligible for COBRA coverage under certain circumstances.
Voluntary Retirement Incentives for Tenured Faculty (Board Policy 425.6)
1. Program Description
  The Board of Trustees is authorized by Arkansas law 1 to offer voluntary retirement incentives (“Program Incentives”) to tenured faculty members in order to effect a net savings in personnel costs. An employee’s participation in the University of Arkansas Voluntary Early Retirement Incentives Program for Tenured Faculty (the “Program”) is optional and may not be mandated. Likewise, the decision to grant or withhold Program Incentives is at the discretion of the Board.
  Only tenured faculty members of a campus, unit or division of the University of Arkansas are eligible for Program Incentives under this policy. Program Incentives may be made available when a savings to the University can be demonstrated and the terms and circumstances of the proposed retirement would not be detrimental to the University or its programs, or to the department, campus or unit from which the individual is retiring. A retirement agreement and the Program Incentives will be evidenced by a written agreement (the “Program Agreement”) which includes the faculty member’s immediate retirement and relinquishment of tenure.
  Each Program Agreement is subject to Board approval and shall be on a standard form approved by the General Counsel of the University.
2. Minimum Requirements
  To be eligible for Program Incentives, a tenured faculty member must meet the following minimum requirements:
  1. May not be on leave-without-pay, receiving long-term disability benefits, or receiving workers’-compensation benefits for total disability, unless applicable law restricts or forbids consideration of one of these requirements;
  2. Is age 55 or olden on the effective date of Program Agreement, and
  3. Has at least 15 years of continuous service in a tenured or tenure track faculty position with the University of Arkansas or the University of Arkansas System Office on the effective date of the Program Agreement. 1 Ark Code Ann.§ 24-7-101 2 The following apply to the determination of whether the minimum requirements are met: “Tenured or tenure track faculty position” shall have the meaning assigned in Board Policy 405.1. For purposes of the Program, individuals who held a tenured faculty position prior to or contemporaneous with the assumption of administrative duties such as in connection with the positions of President or other System administrator, Chancellor, Vice Chancellor for Academic Affairs, Dean, or Department Head/Chair, and who continue to hold tenure throughout their employment as administrators, shall be considered as holding a tenured or tenure track faculty position during such period of administrative service. “Years of service” will be calculated in whole year increments. Service time in leave without-pay status will not be counted in computing years of service. In the case of an individual on a twelve-month appointment, fractions of years of service that are six months or less will be rounded down to the next lowest full year of service, and fractions of years of service that are greater than six months will be rounded up to the next highest year of service. In the case of an individual on less than a 12-month appointment, years of service will be calculated with the fall and spring semester each representing half a year. “Service …with the University of Arkansas” means service at any of the campuses, units or divisions of the University of Arkansas or at the University of Arkansas System Office. Service time spent in an authorized off campus duty assignment is counted in computing continuous years of service. Authorized leave-without-pay status is not a break in continuity of service unless at the time leave begins the faculty member has accumulated a combined total of more than three years of authorized leave without pay during the immediately preceding IS years of service.
3. Program Requirements
  Program Incentives are only available when the proposed Program Agreement will provide a net savings in personnel costs within seven years of the effective date of the Program Agreement. Net savings in personnel costs will be determined by aggregating the annual cost savings for each year of the seven-year period. A. Annual cost savings for each year will be calculated using the following formula: Annual cost savings = Retention Cost – (Retirement Cost + Replacement Cost). For purposes of this calculation: “Retirement Cost” means the cost of all employee compensation and any other benefits to be paid under the Program Agreement, plus the anticipated 3 cost of compensation, benefits and other employment related costs for future part-time teaching or research of the retiring faculty member. If the retiring faculty member proposes to continue in or return to employment in any capacity with the University at any time during the seven years immediately following retirement, the proposed work schedule and duty assignments must be identified when calculating Retirement Cost. “Replacement Cost” means the estimated salary, fringe benefits and other employment related costs of the individual or individuals who will be employed to fill the position or responsibilities of the retiring faculty member; “Retention cost” means the current annual salary and fringe benefits cost of the retiring faculty member, including any increases in salary or fringe benefits approved prior to the effective date of a Program Agreement.
4. Available Incentives
  The value of incentives that can be received under a Program Agreement may not exceed the lesser of the current annual salary of the retiring faculty member or the amount of the net savings in personnel costs. The faculty member’s current annual salary shall be based upon the academic year (for faculty members on less than a 12- month appointment) or fiscal year (for faculty members on twelve-month appointment).Available benefits may take several forms including, but not limited to:
  1. Stipend without requiring work;
  2. Wages for part-time work, not exceeding 19 hours per week, provided such employment is not prohibited by law;
  3. Contribution to the faculty member’s account in the University of Arkansas 403(B) Retirement Plan,
  4. Eligibility for continued participation in such University benefits programs as are available to similarly situated retirees,
  5. Payment to the faculty member for the cost or some portion of the cost of the faculty member’s participation in the University’s available retiree benefit programs. Payment will be based upon the University’s costs of such a program.
  Any return to employment with any campus, unit or division of the University not specifically identified in the Program Agreement requires the written approval of the President of the University. Wages for part-time work are included in Retirement Cost when calculating Annual Cost Savings.
  Voluntary Retirement Incentive Program Procedures and Approval
  Any tenured faculty member meeting the minimum qualifications listed in this policy may request participation in the program. The request must be submitted in writing by the faculty member to the head of the faculty member’s department or unit. Each campus will be responsible for developing and informing faculty of a time schedule for submission of voluntary retirement incentive requests.The terms of the proposed Program Agreement (which must be consistent with this policy) should be discussed between the faculty member and the head of the faculty member’s department or unit. Each campus, unit or division may also designate one or more individuals to consult with the faculty member in evaluating the Program Agreement. The designated campus, unit or division representative is not authorized to furnish legal, tax or other professional advice to the faculty member.
  In developing the Program Agreement each faculty member must be apprised of any rights under the Age Discrimination in Employment Act and the Older Worker’s Benefit Protection Act and must be advised to seek the advice and counsel of attorneys, accountants, tax professionals and others who can provide the faculty member with information to assist in making an informed decision. In all cases, the faculty member shall be given at least 45 days to consider participation in the Program, unless the faculty member waives this requirement in writing. Waivers shall be in a standard form approved by the General Counsel of the University.
  If the faculty member and the head of the faculty member’s department or unit agree on an voluntary retirement incentive request that is consistent with this policy, a Program Agreement in a standard form approved by the University’s General Counsel shall be completed and forwarded for approval through the unit’s administrative channels, together with a letter of recommendation from the appropriate Chancellor or Chief Executive Officer, to the President of the University. Each Program Agreement must be accompanied by:
  A statement signed by the requesting faculty member assuring University officials that the faculty member’s participation in the Program is voluntary; and
  A voluntary retirement incentive “early retirement worksheet,” in a form substantially corresponding to the form attached to this policy. E. Each Program Agreement must be approved by the Board prior to the effective date of retirement of the faculty member.
  Special Campus Program Approval by President
  The Chancellor or Chief Executive Officer of any campus, unit or division may submit for the President’s approval a proposal for a special voluntary retirement incentive program applicable only to tenured faculty members at that campus, unit or division. Such a proposal may provide for benefits or incentives for a limited period of time beyond the benefits set forth in this policy. The proposal may also modify the eligibility criteria described in this policy and may include an option for relinquishment of tenure under a phased retirement agreement whereby the faculty member reduces workload over a period of not more than three years. Incentive payments for a phased retirement proposal may include special allowances and/or payment for ail or a portion of insurance coverages. Any such proposal must be consistent with Board Policy and applicable law, must meet the general purposes set forth in this policy, and must be justified by the Chancellor or Chief Executive Officer of any campus, division or unit with such substantiation as the President might direct.
Voluntary Retirement Incentives for Non-Tenured Faculty
1. Program Description
  The Board of Trustees is authorized by Arkansas law 1 to offer to non-tenured faculty and staff voluntary retirement incentives (“NTFS Program Incentives”) in order to effect a net savings in personnel costs. An employee’s participation in the University of Arkansas Voluntary Early Retirement Incentives Program for non-tenured faculty and staff (the “NTFS Program”) is optional and may not be mandated. Likewise, the decision to grant or withhold NTFS Program Incentives is at the discretion of the Board.Only non-tenured faculty and staff of a campus, unit or division of the University of Arkansas are eligible for NTFS Program Incentives. NTFS Program Incentives may be made available during a specific period of time approved by the President (the “Window Incentive Period”), when a savings to the University resulting from an eligible employee’s retirement can be demonstrated, and when the terms and circumstances of the proposed retirement would not be detrimental to the University or its programs, or to the department, campus or unit from which the individual is retiring. A retirement agreement and the NTFS Program Incentives will be evidenced by a written agreement for each participating individual (the “NTFS Program Agreement”) that includes the employee’s immediate retirement.
  Each NTFS Program Agreement is subject to Board approval and shall be on a standard form approved by the General Counsel of the University.
2. Minimum Requirements
  To be eligible for NTFS Program Incentives, an employee must meet the following minimum requirements:
  1. May not be on leave-without-pay, receiving long-term disability benefits, or receiving workers’ – compensation benefits for total disability, unless applicable law restricts or forbids consideration of one of these requirements; 1 Ark Code Ann. § 24-7-102 2
  2. Is age 55 or older on the effective date of the NTFS Program Agreement; and
  3. Has at least 15 years of continuous full-time employment with the University of Arkansas or the University of Arkansas System Office on the effective date of the NTFS Program Agreement. The term “full-time employment” means appointment on at least a half-time basis.The following apply to the determination of whether the minimum requirements are met:”Years of service” will be calculated in whole year increments. Service time in leave without-pay status will not be counted in computing years of service. In the case of an individual on a twelve-month appointment, fractions of years of service that are six months or less will be rounded down to the next lowest full year of service, and fractions of years of service that are greater than six months will be rounded up to the next highest year of service. In the case of an individual on less than a 12 month appointment, years of service will be calculated with the fall and spring semester each representing half a year.”Service …with the University of Arkansas” means service at any of the campuses, units or divisions of the University of Arkansas or at the University of Arkansas System Office.
    Service time spent in an authorized off campus duty assignment is counted m computing continuous years of service.
    Authorized leave-without-pay status is not a break in continuity of service unless at the time leave begins the employee has accumulated a combined total of more than three years of authorized leave without pay during the immediately preceding 15 years of service.
3. Program Requirements
  The NTFS Program will only be available during a Window Incentive Period approved for the employees of a specific campus, unit or division. To implement the NTFS Program, the Chancellor or Chief Executive Officer of a campus, unit or division will submit to the President for approval a program applicable only to employees of the specific campus, division or unit who also meet the minimum qualifications (“Eligible Employees”). The proposal for a Window Incentive Period shall provide for benefits or incentives to be available for a limited period of time. The proposal may modify the eligibility criteria described in this policy upon a demonstration of substantial necessity. Any such proposal must be consistent with Board Policy and applicable law and must be justified by the Chancellor or Chief Executive Office of the campus, division or unit with such substantiation as the President might direct.NTFS Program Incentives are available to an· Eligible Employee only during an approved Window Incentive Period and only when the proposed NTFS Program Agreement will provide a net savings in personnel costs within seven years of the effective date of the NTFS Program Agreement. Net savings in personnel costs will be determined by aggregating the annual cost savings for each year of the seven-year period.The aggregate cost of NTFS Program Incentives that may be offered is limited by Arkansas law. In the event that requests for NTFS Program Incentives exceed this limit, requests will be considered in the order that written requests are received by the campus, unit or division human resources office.
  1. Annual cost savings for each year will be calculated using the following formula:
    Annual cost savings= Retention Cost- (Retirement Cost+ Replacement Cost). For purposes of this calculation:
    “Retirement. Cost” means the cost of all employee compensation and any other benefits to be paid under the NTFS Program Agreement, plus the anticipated cost of compensation, benefits and other employment related costs for future part-time teaching or research of the employee.
    If the employee proposes to continue in or return to employment in any capacity with the University at any time during the seven years immediately following retirement, the proposed work schedule and duty assignments must be identified when calculating Retirement Cost
    “Replacement Cost” means the estimated salary, fringe benefits and other employment related costs of the individual or individuals who will be employed to fill the position or responsibilities of the retiring employee;
    “Retention cost” means the current annual salary and fringe benefits cost of the retiring employee, including any increases in salary or fringe benefits approved prior to the effective date of an NTFS Program Agreement
  2. The maximum dollar value of benefits that can be received under an NTFS Program Agreement shall be an amount established by the campus, unit or division for a Window Incentive Period and approved by the President, or such lesser amount as is necessary to show a cost savings to the University within seven (7) years.
4. Available Incentives
  1. The Value of incentives that can be received under an NTFS Program Agreement may not exceed the lesser of the current annual salary of the retiring employee or the amount of the net savings in personnel costs. For the purpose of this calculation, the employee’s current annual salary shall be based upon the academic year (for faculty members on less than a 12-month appointment) or fiscal year (for employees on twelve-month appointments).
  2. Available benefits may take several forms including, but not limited to:
    1. Stipend without requiring work,
    2. Wages for part-time work, not exceeding 19 hours per week, provided such employment is not prohibited by law,
    3. Contribution to the employee’s account in the University of Arkansas 403(B) Retirement Plan,
    4. Eligibility for continued participation in such University benefits programs as are available to similarly situated retirees,
    5. Payment to the employee for the cost, or some portion of the cost, of the employee’s participation in the University’s available retiree benefit programs. Payment will be based upon the University’s costs of such programs.
  3. Any return to employment with any campus, unit or division of the University not
    specifically identified in the NTFS Program Agreement requires the written approval
    of the President of the University.
5. Voluntary Retirement Incentive Program Procedures and Approval
  1. Following the announcement of an approved Window Incentive Period an Eligible Employee may request participation in the NTFS Program. The request must be submitted in writing by the employee to the head of the employee’s department or unit and to the campus, unit or division human resources office. Each campus, unit and division will be responsible for developing, and informing employees of, a time schedule for submission of voluntary retirement incentive requests.
  2. The terms of the proposed NTFS Program Agreement (which must be consistent with this policy) should be discussed between the employee and the head of the employee’s department or unit. Each campus, unit, or division 2 Wages for part-time work are included in Retirement Cost when calculating Annual Cost Savings. 5 may also designate one or more individuals to consult with the employee in evaluating the NTFS Program Agreement. The designated campus, unit or division representative is not authorized to furnish legal, tax or other professional advice to the employee.
  3. In developing the NTFS Program Agreement each employee must be apprised of any rights under the Age Discrimination in Employment Act and the Older Worker’s Benefit Protection Act and must be advised to seek the advice and counsel of attorneys, accountants, tax professionals and others who can provide the employee with information to assist in making an informed decision. In all cases, the employee shall be given at least 45 days to consider participation in the NTFS Program, unless the employee waives this requirement in writing. Waivers shall be in a standard form approved by the General Counsel of the University.
  4. If the employee and the head of the unit agree on an voluntary retirement incentive request that is consistent with this policy, an NTFS Program Agreement in a standard form approved by the University’s General Counsel shall be completed and forwarded for approval through the department or unit’s administrative channels, together with a letter of recommendation from the appropriate Chancellor or Chief Executive Officer, to the President of the University. Each NTFS Program Agreement must be accompanied by:
    1. A statement signed by the requesting employee assuring University officials that the facu1ty member’s participation in the Program is voluntary; and
    2. A voluntary retirement incentive “early retirement worksheet,” in a form substantially corresponding to the form attached to this policy.
    3. Each NTFS Program Agreement is contingent on approval by the Board prior to the effective date of the employee’s retirement. November 22, 2019
Retrenchment
Retrenchment is a reduction in programs and/or services which results in the termination of employment because of(1) a bona fide financial exigency or (2) formal academic planning including Board approved changes in institutional missions, substantial program changes,(pursuant to UA System Board Policy 620.1), or major reallocations of resources for academic or support services. In the implementation of retrenchment, fair and humane treatment of faculty, staff, and students is of great concern. Serious efforts shall be made to relocate affected faculty and staff in other parts of the program area or in a different program area of the same campus or division. See UA System Board Policy 405.5.