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> MSU Policy and Procedures > Personnel Policy and Procedures Manual
SECTION 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 Personnel and Payroll Services
760.30 Employees on Board of Regents 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 November 2001
710.10 Responsibilities of Employing Department
This procedure applies to all classified 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. The Separation/Termination Checklist may be obtained from Personnel and Payroll Services to assist employees and departments in completing all university business associated with a separation/termination.
Once the department is informed of the separation/termination date, the termination Personnel Transaction Form (PTF) should be prepared. The PTF must be submitted to Personnel and Payroll Services before the final paycheck and terminal benefits payoff will be processed. The letter of resignation, layoff notice, or notice of termination should accompany the PTF.
Upon notification of a pending separation/termination, the employing department is responsible for:
- Sending an e-mail to the listserv (termchecklist@listserv.montana.edu) stating the employee's name, home department, ID number and last day to be worked.
- Processing the final PTF and submitting the final report of hours to Personnel and Payroll Services.
- Informing the employee of the obligation to complete a Separation/Termination Checklist, which includes returning all keys to University Police and meeting with Personnel and Payroll Services to discuss continuation of health insurance coverage.
710.20 Responsibilities of Employee
The employee may obtain the Separation/Termination Checklist from their home department or from Personnel and Payroll Services. The employee is responsible for:
- Returning all keys issued to the employee to University Police by the last day of employment, paying all traffic fines and obtaining a valid signature on the Separation/Termination Checklist verifying this has been done.
- Informing Personnel and Payroll Services 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 Personnel and Payroll Services to close the account. A signature from a Personnel and Payroll Services representative must be obtained on the Separation/Termination Checklist, verifying this has been done.
- Any outstanding debts or other financial obligations, such as One Card, library fines, parking fines, etc. must be paid by the employee. All financial obligations must be cleared through the Business Office.
- Principal Investigators must obtain Grants and Contracts verification that all obligations have been met.
The completed Separation/Termination Checklist may be submitted to either University Police or Personnel and Payroll Services, whichever office is visited last.
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 approved by the Vice President for Administration & Finance on November 29, 2001.
720.00 Resignation/Retirement
Modified November 2001
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 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.
730.00 Probationary Period Terminations
Modified November 2001
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 Personnel and Payroll Services 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 Personnel and Payroll Services. 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, Personnel and Payroll Services 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.
740.00 Limited Term Appointments
Modified November 2001
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 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.
750.00 Non-Renewal
Modified November 2001
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 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 shall be given written notice of intent not to renew their contracts at least thirty days prior to expiration during the first year of employment, three months prior to expiration during the second year of employment, or six months prior to expiration the third or subsequent years of employment with the institution in a full-time position.
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.
760.00 Reduction in Workforce
Modified November 2001
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 Personnel and Payroll Services
Departments contemplating a reduction in workforce affecting classified employees should contact the Director of Personnel and Payroll Services before initiating the action to ensure compliance with all necessary policies and regulations.
760.30 Employees on Board of Regents Contracts
Except in situations involving termination for cause, professional and administrative employees subject to this policy shall be given written notice of intent not to renew their contracts at least 30 days prior to expiration during the first year of employment, 3 months prior to expiration during the second year of employment, or 6 months prior to expiration during the third or subsequent years of employment with the institution in a full-time position. Employees on a Board of Regents Contract may be laid off in accordance with these notice requirements due to discontinuation of the employee's position.
760.40 Employees on Letters of Appointment
Faculty, coaches, and temporary employees issued letters of appointment by the President, 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 an 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 to 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 a 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 market ratio, 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.
770.00 Termination for Cause
Modified November 2001
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 a classified employee for cause, the situation must be reviewed by the Director of Personnel and Payroll Services 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 PTF (Personnel Transaction Form), notice of termination, and final timecard must be submitted to Personnel and Payroll Services 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.
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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