Depending upon the type of termination, procedures will vary. Employees are encouraged to consult with the Human Resources Department to discuss termination issues and/or to determine the impact of termination on their benefits. Please refer to the NCAR Scientific Appointments policy for additional procedures for termination of a Scientist.
Voluntary Termination: An employee-initiated separation from UCAR's employ. Although it is not required, UCAR encourages employees to give their immediate supervisor at least two weeks' written notice of their plan to voluntarily terminate their employment.
Involuntary Termination: A management-initiated action resulting in separation from UCAR's employ. Such termination may occur as a result of misconduct or performance deficiencies. It may also occur due to a Reduction in Staff (RIS) because of changes in division or program funding levels or priorities.
The UCAR/UCP Program Director or NCAR Associate Director informs the employee in writing of the reason(s) for termination, and whenever possible in a meeting with the employee. A Human Resources Department representative must be present at all meetings in which involuntary termination occurs, except for those involving reductions in staff.
Misconduct - Misconduct discharge can occur when, in the sole judgment of UCAR management, an employee's misconduct warrants termination. Employees terminated for misconduct are not given advance notice.
Misconduct discharge can occur in cases of violation of policies and/or laws including, but not limited to, insubordination; mishandling or unauthorized removal or destruction of confidential or sensitive information; impairment of faculties or the consumption of alcoholic beverages or illegal or controlled drugs or substances while on UCAR premises or while performing UCAR duties, unless the use of alcohol has been expressly approved by a member of the President's Council; blatant disregard for safety regulations; abuse, neglect, mishandling, destruction, or unauthorized removal or use of the property of other individuals, the government, or UCAR; falsification of UCAR's employment application or knowing and willful misrepresentation of scientific, technical, or other data requested by UCAR; dissemination of vicious, malicious, or false statements about another UCAR employee; possession or use of a weapon on UCAR premises; threats or acts of verbal or physical abuse; sexually or ethnically based harassment; or general failure to observe UCAR policies and regulations. These examples are not all inclusive.
Unsatisfactory Performance: Attempts to correct performance or behavioral problems may not always yield the desired results. In cases where such attempts, as described in UCAR's Discipline policy, are unsuccessful, a supervisor may recommend termination for unsatisfactory performance. The UCAR/UCP Program Director or NCAR Associate Director, in consultation with Human Resources, determines whether the facts adequately support the employee's termination.
Reduction in Staff (RIS): There are times that it may become necessary to reduce staffing levels due to budget constraints or a change in a Laboratory or Program objectives or activities. In such cases, the Director judges which employees are most qualified to carry on the remaining activities of the laboratory or program. Such qualifications include employees' skill sets and experience in relation to the job requirements of the remaining positions, and on their job performance.
A RIS requires that the Director work with Human Resources staff to provide for the relevant President's Council member approval of a summary of the planned changes, including a description of activities to be modified, eliminated, and retained, and impacts to staff and budget. Ultimately UCAR President approval is also required.
Sometimes there are management initiated business reasons to increase or decrease the regular work hours of a position (a change in FTE). In such cases, the employee is offered a choice of: a) the modified work schedule, or b) termination with severance pay as a result of a Reduction in Staff. In such cases, severance pay is based on the employee's current FTE level. If the employee accepts a change in FTE level and the new position is eliminated within 12 months, the employee receives severance pay based on his or her previous FTE.
A term employee terminated prior to the expiration of the appointment due to a Reduction in Staff receives severance pay.
Termination may also occur in the following circumstances:
End of a Term Appointment: Termination occurs when the stated term of appointment is completed. Employees whose term appointments are not extended or renewed normally receive a written notice at least 30 days in advance of their expected termination date. Refer to the NCAR Scientific Appointments policy for procedures for Scientist I and II.
Expiration of a Leave Of Absence: Termination when an employee does not return to work at the end of a predetermined period of approved leave. This may include when an employee's status eliminates eligibility for leave, or when long-term disability (LTD) insurance benefits cease.
Death: Upon the death of an employee, a final check in the employee's name is provided according to the laws of the state of residence. The final paycheck includes all unpaid salary, accrued but unused Paid Time Off, and one week of pay beyond the date of death, calculated at the deceased employee's last rate of pay and full-time equivalency (FTE).
OTHER TERMINATION PROCEDURES:
Severance Pay
A Reduction in Staff is the only type of termination for which severance pay is given. In this case, severance pay and outplacement services are provided to an employee and are intended to ease the transition from employment at UCAR.
Eligible employees are provided with two weeks of severance pay per year of employment with UCAR, with a minimum of two weeks and a maximum of 26 weeks of pay. The amount of severance pay is calculated based on: (1) years of service in the last continuous period of employment (excluding visitor and casual appointments and unpaid leaves of absence), and (2) the employee's FTE percentage at the time notice is given. Beyond the first year, severance pay for partial-year employment is prorated.
In some cases, an employee may have the opportunity to work during the period that the employee would otherwise receive severance pay. With the approval of the UCAR/UCP Director or NCAR Associate Director, the employee may continue employment until an agreed upon date and receive pay for time worked. Severance pay will be reduced by the number of days worked during the extended period of employment.
Visitors and Casual employees are ineligible for notice/severance pay. See NCAR Scientific Appointments policy for Scientist severance.
A Human Resources Department representative calculates the amount of gross severance pay due an employee. Severance payments consist of base pay less Federal and State income, Social Security, and Medicare taxes. For purposes of calculating severance, "year" is defined as 12 consecutive calendar months of employment, whether part-time, full-time, or a combination of the two. A "week of pay" is equal to the actual weekly pay being earned by the employee at the time notice is given.
Upon rehire by UCAR or any organization that succeeds UCAR in the operation of NCAR, UCP, or any UCP program, the rehired employee must reimburse UCAR the proportion of severance pay received that exceeds the actual break in service. In the event that another organization is selected to operate NCAR, UCP, or any UCAR program and the affected UCAR employees are employed by that organization within 30 days of the effective date of the transition, those employees must reimburse UCAR for 100% of the severance pay received from UCAR. Agreeing to reimbursement under these conditions is a precondition for receiving severance pay. It shall be made without interest, at such time and in such manner as is acceptable to UCAR, which shall also determine the extent to which the amount of the (re) payment will be adjusted, if at all, for taxes. It will be the employee's responsibility to seek a refund of previously paid taxes, as the employee deems appropriate.
Effect of Termination on Employee Benefits
UCAR employee benefits cease on the date of termination unless otherwise prescribed by policy (such as termination due to retirement or a Reduction in Staff). However, consistent with COBRA, employees may continue their medical and dental benefits at their expense for up to 18 months as long as the employee has not obtained other group insurance coverage. Employees have the option to convert their medical, dental, and voluntary accident insurance to individual policies. Conversion of life insurance is subject to eligibility requirements of the provider.
Contributions to UCAR's TIAA/CREF retirement program cease with the final check, but each employee has continuation, cash-out, or reimbursement options, depending upon the length of participation in the program. These options are described in the UCAR Benefits manual. The final contributions to TIAA/CREF are based on hours worked and not on severance pay or payout of unused Paid Time Off.
In the case of an employee terminated due to a Reduction in Staff, UCAR pays the total premiums for the first two months of continued coverage under UCAR's medical and dental insurance plan, unless the former employee obtains other group insurance coverage during that time. Group life insurance also remains in effect for a period of two months beyond the termination date for such employees.
Preparation of Final Check
Employees who terminate their employment receive a final check that includes payment for all unpaid salary and all unused Paid Time Off accrued up to the date of termination. Contributions by UCAR into the TIAA/CREF retirement program are calculated only on the unpaid salary portion of the final check, not, for example, on accrued PTO payout or severance payment. In the case of voluntary termination, final paychecks are provided on the normal pay date in the manner specified by the terminating employee. Those involuntarily terminated will receive their paycheck at the time of termination or in special circumstances the paycheck will be sent by mail to the employee's last known address, or made available at UCAR Human Resources.
Corporate Property Recovery
The terminating employee or visitor is required to return all corporate property—such as credit cards, keys, door cards, equipment on loan, library and office copies of books and journals, and tools and complete the Recovery of Corporate Property form prior to issuance of the final paycheck. The form requires the relevant UCAR office or the terminating employee's supervisor or administrator to certify that the corporate property has been returned and all debts are settled. The completed form is sent to the Payroll Department.
Separation Notice
A Separation Notice form is completed by the employee and his or her supervisor or administrator, or if needed, by a Human Resources representative. The Separation Notice is sent to the Human Resources Department in advance of the actual termination and is accompanied by the employee's letter of resignation, or in the case of an involuntary termination the termination letter is attached. The date stated on the Separation Notice form is the last day worked.
Notice Period
The notice period is the period of time that an employee remains on the job after notification of voluntary or involuntary termination. The UCAR/UCP Program or NCAR Associate Director determines the notice period, if any, for involuntary terminations. An employee may not use Paid Time Off (sick or vacation time) to extend time on UCAR payroll beyond the last day actually worked.
Exit Interviews
Exit interviews are encouraged for all employees terminating their employment at UCAR. Employees should contact Human Resources to schedule an appointment prior to their departure. These interviews are held privately with a member of the Human Resources Department. Every effort is made to encourage the terminating employee to discuss frankly all aspects of employment at UCAR. Information derived from the exit interview is used by the Human Resources Department in recommending improvements to UCAR's policies and programs.
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