700.00 Termination of Employment

 
  • Table of Contents
  • 710.00  Separation/Termination Processing
  • 710.10    Responsibilities of Employing Department
  • 710.20    Responsibilities of Employee
  • 710.30    History

  • 720.00  Resignation/Retirement
  • 720.10    Reference
  • 720.20    Giving Notice
  • 720.30    Information About Termination
  • 720.40    History

  • 730.00  Probationary Period Terminations
  • 730.10    Reference
  • 730.20    Procedures
  • 730.30    History

  • 740.00  Limited Term Appointments
  • 740.10    Reference
  • 740.20    Procedures
  • 740.30    History

  • 750.00  Non-Renewal
  • 750.10    References
  • 750.20    Applicability
  • 750.30    Policy
  • 750.40    History

  • 760.00  Reduction in Workforce
  • 760.10    References
  • 760.20    Notify Human Resources
  • 760.30    Employees on Montana University System Contracts
  • 760.40    Employees on Letters of Appointment
  • 760.50    Classified Employees
  • 760.60    History

  • 770.00  Termination for Cause
  • 770.10    References
  • 770.20    Definition of Cause
  • 770.30    Termination Procedures
  • 770.40    History

  • 780.00  Disability
  • 780.10    References
  • 780.20    Procedures
  • 780.30    History
 

 

710.00 Separation/Termination Processing

Modified June 2009

710.10 Responsibilities of Employing Department

This procedure applies to all classified, faculty and professional employees. The employee's home department is responsible for ensuring that the employee completes the separation/termination process from Montana State University-Bozeman.
There are two separate forms: The Separation/Termination Checklist for separating (but not retiring) employees that may be accessed here: Separation/Termination Checklist and The Retiree Separation/Termination Checklist for all retiring employees that may be accessed here: Retiree Separation/Termination Checklist. The employee completes only one form depending on his/ her status.
Upon notification of a pending separation/termination, the employing department is responsible for:

  1. Sending an e-mail to the listserv (termchecklist@listserv.montana.edu) stating the employee's name, home department, last 4 digits of the employee’s Banner ID number, and last day to be worked.
  2. Immediately initiating the Separation/Termination Checklist or the Retiree Separation/Termination Checklist, that includes returning all keys to Facilities Services, meeting with the University Police, University Business Services, and meeting with Human Resources to discuss continuation of health insurance coverage. The completed checklist must be obtained from the employee by the home department on or before the employee’s final day of work.
  3. Processing the final Electronic Personnel Action Form (EPAF) and submitting the final report of hours to Human Resources. The Electronic Personnel Action Form (EPAF) must be submitted to Human Resources before the final paycheck and terminal benefits payoff will be processed.
  4. Submitting the letter of resignation or notice of termination to Human Resources once the Electronic Personnel Action Form (EPAF) has been created.

710.20 Responsibilities of Employee
The separating/terminating and retiring employee completes the separation/termination process from Montana State University-Bozeman. There are two separate forms: The Separation/Termination Checklist for separating ( but not retiring) employees that may be accessed here: Separation/Termination Checklist and The Retiree Separation/Termination Checklist for all retiring employees that may be accessed here: Retiree Separation/Termination Checklist. The employee completes only one form depending on his/ her status.

The responsibilities of the separating/terminating and retiring employee are as follows:

  1. Returning all keys issued to the employee to Facilities Services by the last day of employment.
  2. Paying all traffic fines at the University Police and obtaining a valid signature on the appropriate checklist verifying this has been done.
  3. Informing Human Resources of any address changes, as well as discussing options to continue health insurance coverage through the COBRA plan. If an employee has a Flexible Spending Plan, arrangements must be made through Human Resources to close the account. A signature from a Human Resources representative must be obtained on the checklist, verifying this has been done.
  4. Any outstanding debts or other financial obligations, such as CatCard, library fines, parking fines, etc. must be paid by the employee. All financial obligations must be cleared through the University Business Services.
  5. Principal Investigators must obtain Office of Sponsored Programs verification that all obligations have been met.
The completed or the Separation/Termination Checklist or Retiree Separation/Termination Checklist must be returned to the home department on or before the final working day.

710.30 History

Reviewed by MSU Personnel Board on May 7, 1985, and approved by the Director of Administration on May 22, 1985.  Revision approved by the Vice President for Administration on March 28, 1993.  This modification is approved by the Vice President for Administration & Finance on November 29, 2001. This modification is approved by the Interim Assistant Vice President for Human Resources on January 13, 2009 and April 3, 2009.

720.00 Resignation/Retirement

Modified November 2001; March 2009

720.10 Reference

  • Title 39-2, Part 5, Montana Code Annotated.
  • Section 1410.00, "Resignation," MSU Faculty Handbook.

720.20 Giving Notice

Employees who are appointed on a Board of Regents Contract, MUS Contract, or Letter of Appointment are expected to complete the established term of appointment. An employee may request permission to resign before the end of the contract term, however, if there are extenuating circumstances requiring an earlier termination. When this occurs, employees are requested to provide as much notice as possible, preferably at least one month.

Resignation or retirement is accomplished by submitting written notification to the immediate supervisor indicating the decision to resign/retire and the effective date. The department should then process the Personnel Transaction Form (PTF) affecting the termination, with a copy of the employee's letter attached. The employee's signature on the PTF is not necessary if the letter of resignation accompanies the PTF.

720.30 Information About Termination

Employees who resign/retire will receive their last month's pay on the next main payroll. The appropriate lump-sum payment of annual leave and/or sick leave will be made during the month following the termination.

720.40 History

Section 9:05, "Resignation," MSU Classified Personnel Manual, dated June, 1976. Modification reviewed by MSU Personnel Board on September 1, 1982, and approved by the Director of Administration on September 8, 1992. Revision approved by the Director of Administration on May 5, 1986. Revision approved by the Vice President for Administration on August 5, 1992.  This modification approved by the Vice President for Administration & Finance on November 29, 2001. This modification approved by Legal Counsel on March 4, 2009.


730.00 Probationary Period Terminations

Modified November 2001; March 4, 2009

730.10 Reference

  • 39-3-205, "Wages and Wage Protection," Montana Code Annotated.

730.20 Procedures

A classified employee who is in their probationary period may be terminated at any time during the probationary period without a showing of cause. The Director of Employee and Labor Relations must be contacted before a termination action is initiated.

Notice of the decision to terminate and the effective date of termination should be provided to the employee in writing, with a copy provided to Human Resources. On the last day of employment, the supervisor must provide the employee with his/her final paycheck and any termination benefits. To process a special check for final payment, Human Resources will need the terminating PTF (Personnel Transaction Form) and the employee's timecard for the last month worked.

730.30 History

Reviewed by the MSU Personnel Board on April 30, 1986, and approved by the Director of Administration on May 5, 1986. Revision approved by the Vice President for Administration on August 4, 1992.  This modification approved by the Vice President for Administration & Finance on November 29, 2001.  This modification approved by Legal Counsel on March 4, 2009.


740.00 Limited Term Appointments

Modified November 2001; March 4, 2009

740.10 Reference

  • Section 39-2-501, Montana Code Annotated.

740.20 Procedures

Employees may be issued Contracts or Letters of Appointment which indicate a limited term beyond which there is no expectation of continued employment. When such appointments are established, the limited period of appointment should be clearly indicated on the Board of Regents Contract, MUS Contract, or the Letter of Appointment. The employee's employment expires at the end of the indicated appointment period without any further notice and with no further right of employment.

Employees on a limited term appointment may be terminated for cause before the end of their appointment term and as may be specified in the terms of the Contract or Letter of Appointment.

For employees in classified positions, the temporary period of appointment will be indicated on the vacancy announcement and the PTF (Personnel Transaction Form). Requirements for notice of termination should be in accordance with the appropriate collective bargaining agreement. Employees in union exempt positions may be terminated at the end of the designated term of appointment without any further notice.

The department must process a PTF to initiate the terminal benefits payoff.

740.30 History

Approved by the Director of Administration on May 5, 1986. Revision approved by the Vice President for Administration on September 17, 1992.  This modification approved by the Vice President for Administration & Finance on November 29, 2001. This modification approved by Legal Counsel on March 4, 2009.


750.00 Non-Renewal

Modified November 2001; March 2009

750.10 References

  • Sections 39-2-501 through 505, Montana Code Annotated.
  • Policy 706.1, "Tenure; Faculty," Montana University System Policy and Procedures Manual.
  • Policy 711.1, "Employment Contract; Professional and Administrative Employees," Montana University System Policy and Procedures Manual.

750.20 Applicability

Policies and procedures related to the termination of tenurable faculty at MSU-Bozeman are provided in Section 1400.00 of the MSU-Bozeman Faculty Handbook. All other employees of MSU-Bozeman on Board of Regents Contract, MUS Contract, or Letter of Appointment are covered by the following policy.

750.30 Policy

Deans, assistant deans, directors, department heads, and any other persons performing administrative functions serve in those capacities at the discretion of the president and may be removed at any time. Any such individual may be reassigned to other duties for the balance of the individual contract term or terminated for cause.

Professional and administrative employees on Board of Regents Contracts or MUS Contracts shall be given written notice of intent not to renew their contracts Professional and administrative employees on Board of Regents Contracts or MUS Contracts shall be given written notice of intent not to renew their contracts at least thirty (30) days prior to expiration during the first year of employment; three (3) months prior to expiration during the second year of employment; or five (5) months prior to expiration during the third or subsequent years of employment with the institution.

If the initial term of employment contract for a newly hired employee is for less than six (6) months, the employee shall be entitled to at least thirty (30) days written notice of non-renewal prior to expiration in both the first and second years of employment. Such employee will be entitled to at least three (3) months notice prior to expiration during the third year, and five (5) months prior to expiration during the fourth or subsequent years of employment.

750.40 History

Reviewed by the MSU Personnel Board on September 1, 1982, and approved by the Director of Administration on September 8, 1982. Revision approved by the Vice President for Administration on September 17, 1992.  This modification approved by the Vice President for Administration & Finance on November 29, 2001. This modification approved by Legal Counsel on
March 4, 2009.


760.00 Reduction in Workforce

Modified November 2001; March 2009

760.10 References

  • Policy 710.2.1, "Termination: Faculty; Financial Exigency," Montana University System Policy and Procedures Manual.
  • Policy 711.1, "Employment Contract; Professional and Administrative Employees," Montana University System Policy and Procedures Manual.

760.20 Notify Employee and Labor Relations

Departments contemplating a reduction in workforce affecting classified employees should contact the Director of Employee and Labor Relations before initiating the action to ensure compliance with all necessary policies and regulations.

760.30 Employees on MUS Contracts

MUS contracts of professional and administrative employees may include a notation that makes employment contingent upon continuation of external funding. If anticipated funding is not forthcoming, an employee hired through a contract or letter of appointment with such notation may be terminated at any time during the expected term of the contract upon 15 working days written notice.

If the notation is not a term of the MUS Contract, discontinuation of the employment of employees on MUS Contracts may be accomplished by providing written notice as stated in 750.30.

760.40 Employees on Letters of Appointment

Faculty, coaches, and temporary employees issued letters of appointment by the President, Vice Presidents and the Commissioner are excluded from this policy. Employees on Letter of Appointment may be laid off in accordance with the provisions of their Letter of Appointment.

760.50 Classified Employees

For members of collective bargaining units, procedures for layoff, recalls and rehires are set forth in the appropriate collective bargaining agreement. For all other classified employees the following applies:

A.     Layoff - Management may lay a classified employee off for reasons including but not limited to: elimination of a position or a program, lack of work, lack of funds, expiration of grants, or reorganization.

       If it is necessary to implement a reduction in the workforce, consideration must be given to the programs and
functions to be carried out by the department and the organizational structure which would most efficiently meet the operational needs of the department. Accordingly, employees will be retained based on a consideration of skill and general job performance history. In no case will "bumping" be allowed; bumping is the transfer of one employee to another             position with results in the incumbent of that position being laid off.

       Skill is defined as an assessment of qualifications and experience. In determining skill, consideration should be given the following:

1) qualifications and experience necessary to perform the duties of a specific position which will be retained,
2) general qualifications and experience beneficial to future achievement of the department's goals and objectives, and
3) performance on specific tasks related to those required by the positions which will be retained.

        The assessment of overall skill and job performance is the overriding consideration; only if the skill and performance of two employees is considered to be equal should their length of service with MSU-Bozeman be considered.

        Written notice of layoff must be given at least 30 calendar days in advance of the layoff date.

B.     Recalls - When management re-establishes a position from which an employee was laid off within one year from the date of layoff, the employee has a right to be recalled to the position. If an employee is recalled within one year from the layoff date, the employee will have reinstatement of prior service and will not be required to serve the qualifying period for sick leave and annual leave usage, or to serve a new probationary period.

C.     Rehire - A rehire occurs when a former employee is re-employed after a five day break in service, in a situation other than a recall. If an employee is laid off and rehired into a different position within one year from date of layoff, the employee will have reinstatement of service and will not be required to serve the qualifying period for sick leave and annual leave usage. A new probationary period will be required.

760.60 History

Section 9:01 - 9:06, MSU Classified Personnel Manual, dated June, 1976. Section related to Board of Regents and Letter of Appointment employees was reviewed by the MSU Personnel Board on September 1, 1982, and approved by the Director of Administration on September 8, 1982. Revisions approved by the Director of Administration May, 1986 and June, 1988. Revision approved by the Vice President for Administration on September 17, 1992.  This modification approved by the Vice President for Administration & Finance on November 29, 2001. This modification approved by Legal Counsel on March 4, 2009.


770.00 Termination for Cause

Modified November 2001; March 2009

770.10 References

  • Sections 39-2-404 through 409 and 501 through 503, Montana Code Annotated.
  • Section 39 -2-901, "Wrongful Discharge From Employment," Montana Code Annotated.
  • Section 39-3-205, "Wages and Wage Protection," Montana Code Annotated.
  • Policy 710.2.2, "Termination: Faculty for Cause," Montana University System Policy and Procedures Manual.

770.20 Definition of Cause

Policy and procedures for termination of tenurable faculty is set forth in Section 1400.00 of the Faculty Handbook. All other permanent employees at MSU-Bozeman will be terminated only for good cause. Good cause means reasonable job-related grounds for dismissal based on a failure to satisfactorily perform job duties, disruption of the employer's operation, or other legitimate business reasons.

770.30 Termination Procedures

Before any action is taken to terminate an employee for cause, the situation must be reviewed by the Director Employee and Labor Relations for classified employees and Human Resources/Affirmatiive Action for contract employees to ensure compliance with statutes, and if applicable, the collective bargaining agreement.

On the employee's last day, the supervisor must provide the employee with his/her final paycheck and appropriate termination benefits. The terminating Electronic Personnel Action Form (EPAF), notice of termination, and final timecard (if applicable) must be submitted to Human Resources to enable preparation of the final paycheck.

Employees who are terminated for cause have the right to appeal the action as specified in Section 800.00, "Grievance Procedures" of this manual, the applicable collective bargaining agreement, or Section 1300.00 of the MSU Faculty Handbook.

770.40 History

Section 9:09, "Dismissal," MSU Classified Personnel Manual, dated June, 1976. Policy for non-academic employees on Board of Regents Contract or Letter of Appointment approved by the Director of Administration on September 8, 1987. Revision approved by the Director of Administration on January 27, 1988. Revision approved by the Vice President for Administration on August 5, 1992.  This modification approved by the Vice President for Administration & Finance on November 29, 2001. This modification approved by Legal Counsel on March 4, 2009.


780.00 Disability

Revised August 1992

780.10 References

  • 39-2-501 through 505, Montana Code Annotated.
  • 42 USC 12101, Americans With Disabilities Act of 1990.

780.20 Procedures

An employee may be terminated after exhaustion of sick leave when he/she cannot perform the essential functions of the position with or without a reasonable accommodation. Where operationally feasible, an employee suffering temporary disability which continues after exhaustion of sick leave may be granted leave without pay by the department for purposes of recovery or rehabilitation. At any time, the employee may be required to be examined by a physician of the University's choice to determine his/her ability to perform the essential duties of the position. (Cross reference Section 1035.00, "Leave of Absence Without Pay," and Section 1045.00, "Sick Leave Fund," of this manual.)

780.30 History

Section 9:04, "Disability," MSU Classified Personnel Manual, dated June, 1976. Revision approved by the Director of Administration on June 25, 1986. This update reviewed by the Vice President for Administration on August 5, 1992.


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