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3.6 Other Employment Policies

3.6.1 Employment of Family Members

Ithaca College welcomes the employment of family members who wish to work for the College.

The College will not employ a person in a position where they would be subject to direct supervision by, or would directly supervise, a family member.  For purposes of this policy, "family members" include an employee's spouse or domestic partner; an employee’s parents, siblings, nieces and nephews, and in-laws, siblings, or nieces and nephews of a person's spouse or domestic partner; ancestors; children, grandchildren and great grandchildren; spouses or domestic partners of siblings, children, grandchildren and great grandchildren; as well as persons with whom a person has a step-relationship, as applicable, of the type described above and/or others as to whom it would reasonably appear that the employee has a relationship involving an interest in such person comparable to those listed above.  "Direct supervision" refers to both the direct supervisor-supervisee relationship and any work relationship where one of the employees might be involved in a personnel decision concerning the other.

In addition, employees must comply with the College's conflict of interest policy, if and to the extent applicable, in circumstances in which they are involved in decisions with respect to: or affecting, family members even in the absence of a direct supervisory relationship.  

3.6.2 Employment of Minors

There are limitations on the employment of minors (under 18 years of age) imposed by New York State Labor Law and the child labor provisions of the Fair Labor Standards Act, including restrictions on hours and types of work.

An approved employment certificate or working papers must be on file in the Office of Human Resources for each person under the age of 18, other than Ithaca College students, employed by the College. No one under the age of 16 may be employed.

3.6.3 Employment of Individuals with Arrest or Conviction Records

Arrest

In compliance with the New York State Human Rights Law, the College will neither seek nor use a record of prior arrest pertaining to an individual applicant or employee.

Conviction

The College reserves the right to inquire into an individual’s criminal record. The College will only use an individual’s conviction record in making personnel decisions where there is a direct relationship between the offense and the job or where hiring and retaining the individual would present an unreasonable risk, in accordance with New York State Corrections Law 750 et seq.

3.6.4 Employees Working on Grants

Consultation with the Office of Human Resources should occur before a grant proposal is submitted if the proposal includes funding for a new staff member or a significant change in employment status or compensation levels for an existing employee. If the grant is approved, the grant director or principal investigator must work with Human Resources to write job descriptions and determine the appropriate rate of pay for any newly created grant positions. The contracts must be reviewed by the Provost’s Office before being issued.

In general, hiring, evaluation, and other human resource actions under federal, state, or private grants should follow the standard procedures and policies of Ithaca College unless pre-empted by more stringent federal, state or grant limitations. Proposed exceptions require review by both the Office of Financial Services and the Office of Human Resources. Federal and state government grants and contracts are subject to a variety of limitations on compensation, laws related to notification of drug conviction, documentation of effort, and so on.

If grant funding will be used to engage a current Ithaca College employee, approval must be obtained from the employee’s supervisor, and the Office of Human Resources must be consulted prior to making an offer to the employee. If the employee is non-exempt, all hours worked must be reported on their timecard in accordance with the Fair Labor Standards Act provisions. Faculty hiring under grants is reviewed by the appropriate dean or provost/senior vice president for academic affairs. Please note that federal and state grants generally forbid payment to employees over the level of that individual’s base rate.

Employees who will be paid with grant funds are subject to the same employment procedures and compensation guidelines as other employees at the College. If the employment offer is for a specified period of time or if there are other special employment conditions, discuss these details with the Office of Human Resources prior to the recruitment. The offer letter or employment agreement should confirm in writing the duration of the position and any special employment conditions and must be written by or reviewed by Human Resources.

If employment or the source of funds for a grant-funded employee are scheduled to terminate, both the grant director and the employee should consult at least three months before the termination date to review termination procedures, to examine placement or transfer options, if any, and to clarify any issues relating to benefits.

If an employment commitment spans fiscal years, in most cases it will be appropriate to review the salary during the annual review process. If the same salary is continuing throughout the employment commitment and the commitment lasts longer than the current fiscal year, this salary information should be stated clearly in writing at the offer of employment stage.   

3.6.5 Employment of Foreign Nationals

Foreign nationals must have special work permits or visas allowing them to be employed by Ithaca College.

The Office of Human Resources oversees the review of work permits and visas to determine the employment eligibility of a foreign national prior to that individual engaging in any work at the College. If necessary, the Office of Human Resources will work with the foreign national to apply for work authorization.

Visas with employment authorization are usually valid for a period of 1-3 years, although they may be valid for a shorter period. The individual’s work authorization must extend through the entire appointment period. Work authorization must be reviewed annually before a new appointment is issued; any rehire contract must contain the same work authorization clause as the original appointment.

Some applications for work authorization require lengthy waiting periods before approval is obtained and authorization documents are issued. Individuals who are classified as resident alien (or permanent resident) do not require a special visa or work permit; however, there may be an expiration date printed on their documentation (green card). The Office of Human Resources will review the original documents and retain photocopies of their documentation prior to their engaging in any work for the College.

3.6.5.1 Processing Labor Certifications under Ithaca College Sponsorship

Any request for Ithaca College to sponsor a foreign national for permanent labor certification must be approved by the provost/vice president for educational affairs. At the earliest point such a request is being considered, a department chair or hiring supervisor must contact the Office of Human Resources for proper procedures.

3.6.6 Conflicts of Interest/Outside Employment

All employees are governed by the all-college Conflicts of Interest Policy as found in Volume II, section 2.44.  If outside employment causes a conflict of interest or impairs an employee’s effectiveness on the job, the College will require the faculty or staff member to resolve the problem. Work hours will not be scheduled to accommodate outside employment unless it is in the interest of the College.

3.6.7 Flexible Working Hours Policy

Ithaca College believes in the integration of work and life outside of work. We are committed to the promotion of healthy work/life integration by providing connections between individuals and the College that support the College’s mission as well as value the individual. In support of this commitment, Ithaca College invites employees to consider flexible work arrangements, when feasible; in order to meet individual and business needs while maintaining quality services and productivity.

While the College’s core business hours are from 8:30 a.m. to 5:00 p.m. Monday through Friday, there are departments that regularly operate outside of these hours. Employees are expected to work the hours designated for their department unless working under an approved flexible work arrangement. A flexible arrangement may include a variation of arrival and/or departure time(s) and/or a shortened lunch break (not to be less than 30 minutes). Under this policy, flexible working hours may also include a four-day work week.

Requests for a flexible work arrangement will be considered within the context of coverage requirements for any department or unit.

Employees interested in exploring a flexible work arrangement or four-day work week should submit “A Request for Change in Work Schedule Form” to their immediate supervisor for consideration. The supervisor will assess the needs of the department in determining if a request for a flexible work arrangement or four-day work week is feasible for his/her area. Requests for a four-day work week must also be approved by every intervening supervisor(s) and the appropriate vice president.

3.6.7.1 Flexible Working Hours

All approved flexible working hours and four-day work week arrangements must comply with the Fair Labor Standards Act as well as other state and federal regulations governing pay to employees.

All benefit-eligible staff members who have successfully completed their probationary period may be considered for a flexible work arrangement. In addition, the employee must have a record of satisfactory performance, an absence of disciplinary issues and an exemplary attendance record. Ongoing eligibility to maintain an FWA requires there to be no negative change in productivity or service provided.

Staff members covered by collective bargaining agreements may have benefits different from those described here; refer to your current agreement.

Ithaca College offers four types of flexible work arrangements:

Flex Time:
Work start and end times differ from the standard; however, the same number of hours/week worked are retained; schedules are consistent

Compressed Work Week:
Alternative schedule that compresses a normal week into fewer than five days

Job Sharing:
Full-time position is shared between two employees, each working part-time hours

Telecommuting:
Work from a remote location one or more days/week

If an employee is scheduled to work a shift that begins before noon and continues later than 7:00 p.m., an additional uncompensated meal period of at least 20 minutes is required between 5:00 p.m. and 7:00 p.m. in the evening.

When an employee is scheduled to work a shift that begins between 1:00 p.m. and 6:00 a.m., an uncompensated meal period of at least 30 minutes is required at a time approximately halfway between the beginning and the end of the shift.

3.6.7.2 Policy Provisions

A. All work schedules must be approved by the supervisor. The first responsibility of all supervisors is to make certain that appropriate coverage is available to meet service requirements. Department supervisors are encouraged to discuss the scheduling options with their employees. If a mutually acceptable coverage option cannot be reached, the supervisor may deny the request for a flexible work schedule or four-day work week.

B. All requests and approvals for either amending or proposing a flex-time schedule should be for a specific period of time, either short term or long term. Requests may be made for flexible schedules during the summer months and supervisors are likely to be able to approve more flexible schedules in the summer than would be possible during the academic year.

C. If there is a change in the service requirement of a department or if a particular arrangement is not working well, employees may be asked to adjust their work schedule, with sufficient notice.

3.6.7.3 What Are Some of the Advantages to the College and to Employees?

Both academic and corporate organizations in the United States have successfully implemented flex-time work schedules and have benefited from lower absenteeism and greater productivity. For Ithaca College and employees, some of the advantages are:

1. Support employees in efforts to create a better balance between private life and work life.

2. Greater use of public transportation or ride sharing, as schedules are more flexible.

3. The opportunity for departments to provide better service without additional costs by extending or redesigning service hours, including use of job sharing and telecommuting.

4. More convenient childcare or elder care arrangements as the result of flex time will lesson unexpected absenteeism and increase employee morale and productivity.

3.6.7.4 Responsibilities of Employee, Supervisor and HR

EMPLOYEE
• Initiate formal process to request a FWA
• Complete appropriate paperwork and forms
• Consult with HR throughout the process
• Set up and keep a strategy/plan for communication and evaluation
• Meet with supervisor: frequently and timely
• Follow pre-approved schedule regarding start/stop times each day
• Respect the focus on work and goals to be achieved
• Follow FWA/telecommuting standards
• Stick to timelines
• Honesty: availability, work accomplished, productivity
• Remain accessible to on-campus community
• Work with Information Technology Services for compliance and security
• Safeguard all IC property (i.e. equipment), intellectual property (i.e. policies, documents)
• Follow all IC policies
• Identify concerns
• Use of College resources and electronic equipment is restricted to College business
• The employee will return College equipment, resources, etc. upon request and/or termination of the Flexible Work Arrangement or termination of employment

SUPERVISOR
• Objective review of FWA requests (avoid judgment around employee reasons why a FWA is requested)
• Complete appropriate paperwork and forms
• Consult with HR throughout the process
• Create and maintain an environment where the Supervisor can be approached for open dialogue
• Follow FWA/telecommuting standards
• Consistent application of FWA policy
• Timely turnaround response to employees
• Set follow-up meetings with employees to keep them in the loop and on track
• Commit to FWAs and trouble-shooting issues, aiming for resolution
• Set up and keep a strategy/plan for communication and evaluation
• Make reasonable efforts to get employees resources needed for success
• Follow all IC policies
• Positively work with employee to evaluate an FWA, with a focus on work goals and completion
• Work with Information Technology Services for data compliance and security
• Identify concerns
• Stick to timelines
• Notify Human Resources if dates approved for a FWA are changed (i.e. FWA is terminated early or is extended)
• Collect any College equipment, resources, etc. upon termination of the Flexible Work Arrangement or termination of employment

HR
• Be an unbiased, objective party
• Be a resource for ideas on best ways to accomplish setting up an FWA for an employee
• Provide coaching for supervisors and come from a place of “yes” when evaluating appropriateness and feasibility of an FWA
• Provide information on any payroll impact (i.e. savings for job-sharing)
• Intermediary for issue resolution
• Policy interpretation
• Complete and keep paperwork and forms
• Follow all IC policies
• Identify concerns
• Stick to timelines
• Report and evaluate using metrics on the entire FWA program

NOTE: Some situations are better addressed through other options such as Family Medical Leave or other leave options. Please check with the Office of Human Resources.

3.6.8 Rest and Meal Periods

3.6.8.1. Breaks or Rest Periods for Staff/Administration

All employees who work a full work schedule of at least 7.5 hours per day are allowed two compensated 10-minute breaks or rest periods during each normal work period (or a 10-minute break every four hours worked). Each supervisor establishes the break procedure, ensuring the scheduling of rest periods does not interfere with the normal functions of the department. Break time is to be used for the purposes intended and may not be accumulated toward prolonged time off, early departure, or longer lunch breaks.

3.6.8.2 Meal Period

All employees who work a shift of more than six hours should be given at least a 30 minute uncompensated meal period. In most departments, a full workday is 7.5 hours with a 60 minute uncompensated meal break. In Facilities, a full workday is 8 hours with at least a 30 minute uncompensated meal period (with the exception that third shift facilities attendants receive a 30 minute compensated meal break, since they may not leave campus during their entire shift).

Meal breaks should be taken approximately halfway between the beginning and end of an employee's scheduled working day. In example, if a full-time employee is scheduled to work the College's core business hours (from 8:30am to 5:00pm) a meal break should be taken between the hours of 11:30am and 2:00pm. In the event the work day ends at or before 2:00pm, the meal period should be scheduled for halfway between the beginning and end of the scheduled shift.

An employee may ask to work through a meal period in exchange for being able to leave work early on an occasional basis. An employee will not be permitted to work through a meal period and take time off at the end of the day on a long term basis.

If an employee is scheduled to work a shift that begins before noon and continues later than 7:00pm, an additional uncompensated meal period of at least 20 minutes is required between 5:00pm and 7:00pm in the evening.

When an employee is scheduled to work a shift that begins between 1:00pm and 6:00am, an uncompensated meal period of at least 30 minutes is required at a time approximately halfway between the beginning and end of the shift.

3.6.9 Personal Work

3.6.9.1 Personal Work for Supervisors

All work assigned by the supervisor must relate to College business.

3.6.9.2 Employee's Personal Work

Employees may not use College time or materials for personal work. Any employee wishing to solicit, canvass, or advertise on the Ithaca College campus should adhere to College policy as summarized in Volume II, section 2.12, Advertising and Solicitation Policy. Employees who fail to adhere to these guidelines will be disciplined according to College disciplinary policy.

3.6.10 Temporary Staffing

Before requesting temporary assistance or coverage every attempt should be made to cover the workload with current staff and faculty. If extra help is needed for a short period of time and current employees, colleagues or students cannot cover the responsibilities, contact Human Resources.

Every attempt should be made to cover summer workloads with staff who work only during the academic year or with students who will be returning to the College in the fall.

Last Updated: May 2021