Chapter 04.01 - Uniform Personnel System
PART IV – HUMAN RESOURCES
Chapter 04.01 - Uniform Personnel System
P04.01.010. Human Resources Mission Statement.
The statewide office of human resources and the regional human resources offices contribute to the university's missions of teaching, research and public service by providing benefits and services that help to attract, motivate and retain a talented, committed, and diverse workforce. To encourage excellence, the statewide office promotes fair treatment, provides for continuing opportunities for training and development, values and recognizes productivity and achievement, and respects the worth and dignity of all individuals who comprise the university’s workforce. The statewide office is established to provide services that enhance productivity through human resource management within the university by developing and implementing programs and services to meet institutional needs; and will propose and maintain university regulation and procedures governing employee relations consistent with the university's goals.
P04.01.020. Nondiscrimination Statement.
In accordance with federal and state law, illegal discrimination in employment against any individual because of race, color, religion, national origin, age, sex, sexual orientation, veteran status, physical or mental disability, marital status or changes in marital status, pregnancy or parenthood is prohibited. Decisions affecting an individual's employment will be based on the individual's qualifications, abilities and performance, as appropriate.
P04.01.030. System Establishment and Maintenance.
Criteria for the establishment and maintenance of the university uniform personnel system will be established by university regulation.
P04.01.050. Types of Employment.
- Officers of the University and Senior Administrators. The president will designate by university regulation those positions to be placed in the Officers of the University and Senior Administrators category.
- Faculty. Faculty positions are defined in P04.04.030.
- Staff. Staff positions are designated exempt or nonexempt in accordance with the Fair Labor Standards Act.
- Casual Labor. Casual labor is nonexempt temporary employment on an as-needed basis.
- Student Employment. Student employment is nonexempt, temporary employment.
- At-will employment is an employment relationship that either the employee or the university may terminate at any time for any reason or no reason with such notice as may be required by regents’ policy and university regulation. The processes contained in R04.01.050 are the exclusive review procedures available for all terminations of at-will employees.
- Temporary, extended temporary, adjunct, student, casual labor, regular new hire probationary employees and those positions designated by the president as officers and senior administrators of the university are employed at-will. A new employee in a regular position, including an individual with a break in university service greater than 10 business days, is also considered at-will for the duration of the probationary status.
- Employment not established as at-will entitles the employee to such notice and appeal processes as specified by regents’ policy and university regulation.
P04.01.060. Contents of Personnel Files.
The information to be contained in the official personnel records of the university will be established by university regulation. These records will be maintained at the employee's MAU human resources office, or at such place or places as specified at the employee's MAU human resources office.
P04.01.061. Access to Personnel Files.
An employee will have the right to examine the employee’s official personnel file at any time during normal business hours upon submission of advance written request to the MAU human resources office. An employee will have the right to a copy of the employee’s own file upon submission of advance written request to the regional human resources office.
P04.01.062. Confidentiality of Personnel Records.
- Dates of present and past employment with the university, position title, type of
employment, campus, and salary are public information. The university adopts the policy
of AS 39.25.080 so that all other personnel records, including but not limited to
applications, leave records, home address and telephone number, performance evaluations
and disciplinary matters, relating to any past or present employee of the university
are not public records and are not accessible by the public. Personnel records will
be released only under the following circumstances:
- upon receipt of written authorization from the employee, former employee, or applicant, as directed in the authorization;
- to the employee’s supervisors and to university supervisors to whom the employee or former employee has applied for promotion, transfer or rehire;
- to a state agency authorized by statute to review such university documents upon receipt of a subpoena issued by a competent authority and upon execution of an agreement that confidential information will not be made public;
- upon receipt of an order of a court of competent jurisdiction;
- for internal university operations, to persons having a need to know as determined by the regional personnel officer or the custodian of the record.
- A request not covered by A.1-5 of this section will be addressed to the MAU human resources director. The MAU human resources director or designee shall review the request and may approve the release if that release is in the best interest of the university and can be accomplished without violation of the employee’s, former employee’s, or applicant’s right to privacy.
- Notwithstanding the provisions of this section, a supervisor or human resources office may disclose information about the job performance of an employee or former employee to a prospective employer upon request. Any information provided must be given in good faith and must be factual.
PART IV – HUMAN RESOURCES
Chapter 04.01 - Uniform Personnel System
R04.01.030. System Establishment and Maintenance
The Statewide Office of Human Resources will have overall responsibility for coordination and maintenance of a uniform personnel system, and is empowered to review actions taken and to enforce compliance with policy or regulation.
R04.01.050. Types of Employment
- At-Will Employment
At-will employment is employment that is designated as at-will in Regents’ Policy, University Regulation, or in a written employment contract.
Employment designated as at-will employment may be terminated for any reason not prohibited by law or for no reason. In the event of a decision to terminate at-will employment, the supervisor will provide the employee with a written notice of termination. The notice need not state any reasons for the termination.
The university may elect to give pay in lieu of all or any portion of any notice period that may be required. If such an election is made at the time notice is given, the notice should state such election. Directives and/or instructions related to the termination or the university’s expectations of the employee during any remaining term of employment may be included in the notice or stated orally or in a separate writing.
Complaints or disputes related to dismissal of probationary or other at-will employees are not subject to any grievance procedure and will be addressed as set forth below:
- The employee will submit a statement of all reasons for questioning the validity of or motivation for the at-will termination, and such supporting evidence as the employee deems appropriate, to the director of the human resources office at the major administrative unit.
- The director, designee, or in appropriate cases a substitute (hereafter referred to as director) may decide the issues raised on the basis of the materials submitted. The director is never obligated to provide for a different procedure, but may elect to do so with respect to some or all of the issues raised, by creating a new procedure, or by adopting or by modifying an existing procedure.
- In the event that the matter is not decided on the basis of the materials submitted, the director or designee will inform the employee in writing of the procedure to be followed.
- At the conclusion or expiration of all available steps in the process that is followed,
the employee will be advised in writing of the final decision of the University. In
most cases it will be sufficient that the final decision state:
“This decision is the final decision of the University. Any appeal of this decision must be filed with the Superior Court for the State of Alaska within 30 calendar days of the date of this decision pursuant to Alaska Rule of Appellate Procedure 602.”
- For Cause Employment
The University designates employment not established as at-will to be for cause. For cause employment entitles the employee to notice and appeal processes as follows:
- In the event the University decides to pursue a for cause termination of employment, the supervisor will provide the employee with a written statement of the reason(s) for the planned action and a statement of the evidence supporting the reason(s) for the planned action. The procedure set forth in University Regulation 04.08.080 shall be followed, and notice of the employee’s right to request a hearing in accordance with that procedure will be given at the time the employee is notified of the University’s intention to initiate a termination for cause.
- In the event of layoff, non-retention, or financial exigency the supervisor shall
provide notice of termination as set forth in the applicable Regents’ Policy and/or
University Regulation. Review shall be set forth in the Regent’s Policy or University
Regulation applicable to the particular type of termination.
Where the applicable Regents’ Policy or University Regulation does not specify a review process, e.g., Regulation 04.07.100 – Nonretention, the grievance process set forth in University Regulation 04.08.070 shall apply.
A decision relating to termination of employment that is designed in writing as the “final decision” of the University may be appealed to the Superior Court for the State of Alaska within 30 calendar days of the final decision pursuant to Alaska Rule of Appellate Procedure 602.
- Officers of the University and Senior Administrators
Positions designated by the president as officers of the university and senior administrators are employed at-will. The official list of officers of the university and senior administrators, as designated by the president of the university, is maintained and available upon request from the Statewide Office of Human Resources.
Notice of intention to nonrenew or terminate the appointment of an officer or senior administrator, other than termination for cause, will be given by the president or designee with the approval of the president, at least three months prior to the effective date. The processes contained in R04.01.050.A are the exclusive review procedures.
Officers and senior administrators may, at the election of the president or designee, be given pay in lieu of all or any portion of the notice period.
Officers and senior administrators may be transferred to another position by the president, or designee, with written notice.
- Term-funded Employees
A term-funded employee is expected to work a minimum of 1,040 hours in a 12- month period and be continued for a specified length of time or for a specified duration of a project, grant or contract and will be terminated at the end of such time or as a result of inadequate funding necessary to maintain 50 percent or more of full time on a regular basis.
A term-funded employee will be provided, in writing, the terms and conditions of his/her employment at the time of hire and at least annually thereafter. A term-funded employee is not eligible for layoff or any type of leave after the last day of his/her work assignment or after the expiration of the grant or contract. A term-funded employee is eligible for layoff provisions of policy and regulation for the remainder of his/her work assignment, grant, or contract period as stated in his/her most recent letter of appointment.
- Student Employees
Student employment is nonexempt, temporary employment that is non-continuous and variable as necessitated by both department requirements and student academic schedules.
- Temporary Employees
Temporary employees are employees who work in pooled positions and have the following service limitation:
- Employees can work 750 hours in a temporary assignment within a twelve month period.
- Once they reach the threshold of working 750 hours within a twelve month period, they can remain in a temporary position for another twelve months after which they will be required to take a four month (120 day) consecutive break in service from temporary assignments.
- After any four month consecutive break in service, the service calculations will be reset.
- If employment continues beyond 18 months, without a break in university service, a term-funded or regular status job will be developed and a recruitment conducted.
- The exempt temporary status (XT) identifies temporary employees that qualify as for health care under Affordable Care Act regulations. Human resources should be consulted prior using the exempt temporary status (XT).
- Break of service: does not have an active job in a temporary staff position for 120
Adjunct faculty and student employees are considered temporary employees, but are not subject to the above listed regulations.
2. Adjunct faculty see Regents’ Policy 04.01.050.B; P04.01.055.B; P04.04.030.E.1; P04.05.020.; and R04.05.042.E.
See Regents’ Policy 04.01.050.B.
- Adjunct Faculty
See Regents’ Policy 04.01.050.B.
- Exempt Jobs
See Regents’ Policy 04.01.050.C.
- Nonexempt Jobs
See Regents’ Policy 04.01.050.C.
R04.01.051. Remote Work
This regulation applies to all university employees who are not on approved leave.
Remote work is a management-approved arrangement in which the employee works at a location away from a university managed workplace. Under this arrangement, the employee maintains close contact with their supervisor and coworkers through various forms of communication technology and fulfills all performance expectations.
- Remote work requirements
- Work Hours and Scheduling
- The employee shall be reachable by supervisor approved communication methods during the employee’s work hours.
- The employee shall be on-site at their department or program to attend required meetings and training sessions, and to perform work as requested by the supervisor.
- Remote Work Location and Safety
- The employee shall maintain an appropriate remote workplace. The university is not responsible for costs associated with setup, maintenance, or utilities (including telecommunications) of a remote work location, or the tax, insurance and other legal implications of remote work. The responsibility for understanding and fulfilling all such obligations shall rest solely with the employee.
- An employee with a disability who desires a remote work arrangement as a reasonable accommodation under the Americans with Disabilities Act (ADA) shall submit a request to the affirmative action coordinator in accordance with University Regulation 04.02.033 and engage in the ADA process.
- The university reserves the right to access the remote workplace in order to assess the occupational safety of the workplace, or to investigate any claims against the university arising out of or connected with the remote workplace. The university will, as needed, arrange such access with the employee at a mutually convenient time during normal business hours.
- The employee shall immediately report to the supervisor any work related injuries occurring at or which are related to the workplace.
- The university is not responsible for injury to any other person or to property arising out of the use of or activities at the remote workplace.
- The employee shall not hold in-person business visits or meetings at the employee's remote workplace unless specifically authorized in writing by the employee's supervisor.
- Pursuant to Regents’ Policy 04.10.010, the use of university equipment is governed by the Alaska Executive Branch Ethics Act and may not be used to benefit personal or financial interests.
- All equipment, records and materials provided by the university remain the property of the university and shall be immediately returned to the university upon separation of service or upon request, whichever occurs first.
- Employees are responsible for maintenance and repair of personal equipment.
- The university is not liable for loss, damage, repair, or wear to employeeowned equipment.
- Information Resources Equipment
- University-owned equipment is preferred for university work at remote locations.
- Any use of personally-owned information resource equipment is subject to University Regulation 02.07.066.
- Supervisors may prohibit use of personally-owned information resource equipment.
- Information Security
- Employees shall comply with all laws, rules and procedures applicable to university employment, including Regents’ Policy and University Regulation 02.06, and shall safeguard all information.
- Employees shall ensure that appropriate security mechanisms are present and enabled on all equipment used for university business, and shall ensure that security updates are maintained on such equipment consistent with guidance provided by UA Information Technology.
- The employee shall return all documents, equipment, and information (physical or electronic) to the university at the end of the assignment or upon request.
- The university shall follow the procedures applicable to university-owned equipment in Regents’ Policy and University Regulation 02.07.
- Any geographic differential will only be paid if the employee is working in the same geographical area as their campus. Exceptions may be permitted upon approval from the president or relevant chancellor.
- The employee will be responsible for any expenses for travel to or from the remote work location, except as otherwise specified and approved by the supervisor. Travel at university expense must comply with University Regulation 05.02.060.
- If these regulations conflict with an applicable collective bargaining agreement, the provisions of the bargaining unit agreement shall take precedence over this regulation.
- Work Hours and Scheduling
- Remote Work Approval
- Remote work must be approved in advance by the employee’s supervisor.
- Prior to approval, the supervisor will ensure that remote work supports the position’s purpose and the institution’s objectives.
- Remote work arrangements are granted on a revocable basis.
- UA Human Resources maintains a formal remote work request and agreement process. The
purpose of a formal remote work agreement is to:
- document the arrangement, including the work schedule and location;
- ensure tax compliance, and;
- document mutual understanding of university regulations.
- Supervisors or employees may elect to use the formal process at any time. The formal
remote work agreement is mandatory when:
- the remote work recurs on a regular basis and is significant (more than 20 percent of biweekly time), or;
- the remote location is out of state for 30 days or more per calendar year.
R04.01.060. Contents of Personnel Files
- The selection of records to be maintained in the official personnel file will be consistent with federal and state law. Included material should document employment history and directly reflect employment-related events.
- The contents of the official personnel file will be considered in making personnel management decisions relevant to the employee. Information such as medical records, immigration forms, government or court ordered payroll actions, will be maintained separate from the official personnel file.
- Anonymous material will not be placed in an official personnel file. If anonymous material is found in a personnel file, it will be removed immediately.
- An employee may request that a written response to information contained in his/her file be placed in his/her official personnel file.
- The official personnel file consists of the following:
- Information relating to the employee’s original hire, such as application material (excluding voluntary self-identification information), curriculum vitae, transcripts, and hire documents including benefit enrollment forms and appointment letters.
- Revisions relating to the individual’s employment status.
- Performance evaluations, letters of recognition, official reprimands, including notices of unsatisfactory performance; disciplinary action, and any other appropriate material relating to the employee’s job performance. A copy of this material must be given to the employee prior to inclusion in the file.
- Employee responses to the above.
- Training records and certifications and unemployment documentation.
- Written documentation of faculty workload and evaluations relating to promotion, retention, tenure, and contractual obligations will be maintained by the appropriate academic office and are considered to be part of the faculty member’s official personnel file.
- The Medical Records File contains all confidential medical information related to
employment. Access to and use of information contained in the file will only be as
provided by applicable law. Authorized university personnel may examine or copy this
file for routine administrative purposes without notification to the employee.
If a representative of an appropriate government agency requests access to the Medical Record File, the university will make every effort to notify the employee(s) of the request in a timely manner. Other persons may have access to the Medical Record File only as provided by law, with notification to the employee.
- Records required or allowed by a collective bargaining agreement.
- The following materials will be removed from the official personnel file:
- Unauthorized or anonymous material.
- Letters of reprimand and/or disciplinary actions may, by written request of the supervisor who originated the documents, be removed by the regional human resource office director.
- A unit or department may maintain files containing whatever information is needed for efficient and convenient operation; however, these files are not official personnel files.
R04.01.062. Confidentiality of Personnel Records
If a request for disclosure of personnel records is received from persons other than those determined by the custodian of the record to have a need to know, a reasonable effort will be made to advise the affected employee of the request prior to the disclosure.