5.6 Types of Separation

Most separations from employment at the College are voluntary resignations. Any involuntary separation must be determined in consultation with the Office of Human Resources and must be handled in a manner that is fair and in compliance with existing laws, as well as Ithaca College policies.

5.6.1 Voluntary Separation

5.6.1.1 Minimum Notification Requirement

Employees are required to give appropriate notice and submit a letter of resignation as far in advance as possible. Under normal circumstances a resignation should be submitted not less than two weeks in advance of departure. A longer notice is required for employees in positions grade 10 or higher because of such factors as supervisory responsibilities, special skills, and the length of time needed to recruit replacements. Grades 10-16 employees are required to give a minimum of one month's notice. Grades 17-27 employees are expected to work for the duration of their employment agreements and to give one month's notice of non-renewal. The supervisor may waive or shorten the notice requirement.

5.6.1.2 Retirement

(See also Volume III, section 3.9.17, Retirement Plan Choices.) Social Security retirement benefits are payable as early as age 62, depending on the employee's retirement plans and anticipated earnings. It is recommended that an application be filed at the local Social Security office three months prior to the retirement month.

For pension planning purposes, normal retirement is defined as the first day of the month following the month of an employee's 65th birthday (e.g., if birthday is October 10th, then retirement will begin on November 1st). An employee may elect to retire prior to age 65 or may continue to work beyond normal retirement age. Since most employees decide on a retirement date months in advance of the actual date, supervisors should encourage as much notification as possible. Advance notification enables a smoother transition for the employee and the department. The employee can complete the necessary procedures to receive the employee's pension on time and the department can recruit and train a replacement.

5.6.2 Involuntary Separation

5.6.2.1 Discharge

DURING THE PROBATIONARY PERIOD

An employee who is not able to successfully complete the probationary period will be terminated. The supervisor must evaluate an unsuccessful probationary employee on or before the last day of the probationary period (or extend probationary period). If a supervisor is not satisfied with the performance of a probationary employee, the supervisor should consult with the Office of Human Resources. The dismissal of a probationary employee must be discussed with the director of employment and employee relations (grades 1-9) or the director of human resources (grades 10 and above) before informing the employee and must be confirmed in writing to the employee.

Probationary dismissals may be effective immediately providing the employee has been given a prior written indication that the employee has not been progressing satisfactorily, otherwise a two-week notice will be given. A supervisor, with approval from the Office of Human Resources, may make payment in lieu of notice.

AFTER THE PROBATIONARY PERIOD

Supervisors have a responsibility to terminate employees whose performance is inadequate after the employee has been given timely notice of the problem and been given adequate opportunity to bring the employee's work to a satisfactory level of performance. Cases must be handled according to the discipline procedures detailed in Disciplinary Guidelines, section 5.5. A discharged employee in grades 1-9 will be given two weeks notice, grades 10-16 will be given one-month, and grades 17-27 and others on an annual employment agreement will be given three-months notice of non-renewal of contract (or payment in lieu of such notice). The supervisor may relieve the employee from the performance of the employee's usual duties or assign the employee to other duties during the notice period.

It is recognized that some causes for involuntary separation may be so serious that dismissal must be immediate. In such cases, normally no payment will be made in lieu of notice.

All dismissals must be discussed at the department director level, with the director of human resources or director of employment and employee relations, and the employee's executive officer, if appropriate, before notifying the employee. Written notification, approved by the Office of Human Resources, must be given to the employee.

The College, acting through its board of trustees or its designee or designees, reserves the right to terminate employees without notice and without payments in lieu of notice in appropriate circumstances as determined by the College's board of trustees or its designee or designees in their sole discretion.

5.6.2.2 Abolition of the Position by Reorganization, Lack of Work, or Discontinuance of Funding Support

If a position is permanently eliminated due to lack of work, discontinuance of funding support, financial exigency, or a reorganization, written notice must be given as far in advance as possible and in no case less than four weeks (eight weeks if more than 10 years of service) for employees in grades 1-9 and two months for employees in grades 10-16. Employees in grades 17-27 must be given at least three months notice of non-renewal of employment agreement. Periods of notice exclude vacation and personal leave.

The decision to eliminate a position must be discussed with the appropriate executive officer. The director of human resources should be informed at the earliest possible stage, so alternatives can be explored and the impact minimized for any employee affected by the change. If the same job is held by several employees in a department, the rationale for the selection must be based on job performance, affirmative action goals, and seniority.

The Office of Human Resources will assist employees in seeking another position on campus and such employees will be treated as internal candidates for up to a year. If the employee's former position is reinstated or if a comparable position opens within the year in the same department, the employee will be placed in the position, if the employee so requests. (See Volume III, section 3.9.3.1, Calculating Length of Service for Vacation Accrual Rates, for impact on length of service.) If appropriate, the Office of Human Resources will assist employees in seeking a position with another organization.

5.6.3 Other Separations

5.6.3.1 Medical Disability

If an employee is unable to work due to illness or injury, the employee may be entitled to New York State disability for up to 26 weeks or workers' compensation for a period to be determined by the Workers' Compensation Board. After six months, a covered employee may be entitled to long-term disability benefits.

When an employee is disabled, the employee's job is normally kept open for six months. If after six months the employee is unable to return, the employee may request a three-month unpaid leave of absence and retain rights to the job. The period of time from the first day of absence until the end of the leave may not exceed nine months, and the leave is granted only if it is likely that the employee will be able to return at the end of the leave. After six months of absence, in a 12-month period (nine months if granted the three month leave of absence) the individual is separated from employment (see Volume III, sections 3.9.15.2.4, 3.9.15.2.5, and 3.9.15.2.6).

5.6.3.2 Death of an Employee

The supervisor should meet with the director of benefits to discuss contact with the family and the involvement of the College in the funeral or memorial arrangements, as well as to work out the details of benefits, final paycheck, and personal belongings (see section 5.3.4.6, Payment on Death of an Employee).

April 1, 2003