An employee wishing to resign from employment with the university generally should file with the appointing authority a written resignation stating the date it will be effective and the reason for leaving. Verbal resignations may be confirmed in writing by the appointing authority. Employees holding nonexempt positions are expected to give notice of resignation at least two weeks in advance of the last day of work. Other employees are expected to provide notice adequate to allow for their orderly replacement. Notice requirements may be waived at the discretion of the supervisor.

(02-22-01)

Eligibility to receive retirement benefits is determined, as applicable, by the State of Alaska administered Public Employees Retirement System or Teachers Retirement System, or in accordance with the University of Alaska Pension or Optional Retirement Plan. Employees planning to retire will notify their supervisor as soon as possible prior to the anticipated retirement date. There is no mandatory retirement age at the University of Alaska.

(02-22-01)

(02-22-01)

If the University elects to discontinue employment through nonretention under Regents' Policy 04.09.040, written notice shall be given as required by this section. Provisions of this section do not apply to termination of employment pursuant to other provisions of Regents' Policy or University Regulation, nor do they apply to employees covered by collective bargaining agreements. At the election of the University, the employee may be given pay in lieu of notice.

A. Notice Periods

Notice of nonretention must, unless otherwise provided, be given in writing by the university as follows:

1. Exempt (administrative/professional/technical or APT) staff will receive at least six (6) calendar months notice of nonretention.

2. Non-exempt (classified) staff will receive at least four (4) calendar weeks notice of non-retention.

3. Faculty members non-covered by collective bargaining agreements will receive notice of nonretention to the extent required by Regents' Policy 04.04.040.C.1.

B. Term Employees

Term employees are employed for the duration of a project, grant, or contract, or for a specified length of time. The University is not required to give notice of nonretention at the conclusion of the project, grant, or contract, or the specified length of time. Employment ends automatically at the conclusion of the project, grant, or specified length of time unless a new employment agreement is entered into. Term employees may be nonretained during employment, with notice as provided above. Such notice period, however, will not exceed the duration of the project, grant, or contract, or the specified length of time.

C. Written Notice

Written notice of nonretention will be considered given when such notice is sent by certified mail to the last known mailing address of the employee, or when actually received by the employee, whichever is earlier.

(02-22-01)

The University may elect to discontinue an existing employment relationship through layoff. Layoff does not reflect discredit on the employee's performance. The provisions of this section do not apply to terminations of employment pursuant to other provisions of Regents' Policy or University Regulation.

A. Layoff

Layoff may be used when there exists within the employing administrative unit or department either:

1. a lack of or reduction in available work;

2. a lack of sufficient available funds;

3. a good faith reorganization; or

4. another reason, not reflecting discredit upon the affected employee(s), which has been approved in the particular circumstances by the chancellor or president of the university, as appropriate; or

5. Any combination of the preceding reasons.

B. Notice of Layoff

1. Nonexempt Employees

a. Notice of the layoff of an employee will be given four calendar weeks prior to the effective date of the layoff.

b. Four weeks pay may be given to the employee in lieu of four weeks notice, but only with the prior approval of the appropriate chancellor or president of the university.

2. Exempt Nonfaculty Employees

a. Notice of the layoff of an employee will be given six calendar months prior to the effective date of the layoff.

b. Six months pay may be given to the employee in lieu of six months notice, but only with the prior approval of the appropriate chancellor or president of the university.

3. All layoff actions will be coordinated through the appropriate human resources officer prior to notification being issued to any employee.

4. In the event pay in lieu of notice is approved, the effective date of the layoff is the last day the employee is actually at work.

C. Selection for Layoffs

1. The selection of the individual employees to be laid off will take into consideration the following factors in comparison to other affected employees in the unit:

a. employee length of service;

b. employee ability to do the work remaining in the unit affected by the layoff;

c. employee status as temporary, probationary or regular, with preference being given to the regular over the others, and preference being given to probationary over temporary;

d. employee past performance;

e. source and specific nature of funding; and

f. affirmative action goals and objectives.

2. The final determination of the order for layoff will be made jointly by the administrative unit or department head and the appropriate human resources officer, subject to review by the chancellor or president of the university, as appropriate.

D. Alternatives to Layoff

1. A potential layoff employee may be transferred, contingent upon qualifications and the ability to perform the work available, to other positions, to be determined in the following order of priority:

a. To a vacancy in the same classification in the same or another administrative unit or department within the same MAU.

b. To a vacancy in another classification in the same pay grade in the same or another administrative unit or department within the same MAU.

c. To a vacancy in a classification assigned to a lower pay grade in the same or another administrative unit or department within the same MAU.

2. The appropriate human resources office will endeavor to assist an employee in layoff status to find suitable employment within the university system.

3. The salary of any employee accepting an alternative to layoff as provided by this subsection will be governed by existing policy and regulation concerning position movement. However, the salary of an employee shall not be reduced during the layoff notice period.

Layoff status expires one year after the effective date of layoff. An employee in layoff status:

1. remains covered by the University health plan through the remainder of the calendar month in which the layoff becomes effective. The employee will be provided notice of his/her opportunity to continue health coverage as required by law. Other benefits, including life insurance, long-term disability, and optional survivor benefits, will cease on the effective date of the layoff;

2. may apply for conversion of health insurance, life insurance, and/or long-term disability insurance during the first 31 days following the effective date of the layoff;

3. if participating in the tuition waiver program, may complete those courses in which he/she is enrolled at the time of layoff, and is eligible for additional tuition waiver of up to 13 credits in any semester, to be used on any university campus, for a period not to exceed one year from the effective date of layoff. The total credits available will not exceed 26;

4. will not contribute to the retirement system or ORP and will not accrue retirement service credit;

5. will not accrue annual or sick leave;

6. will receive compensation for any accrued annual leave as of the effective date of layoff;

7. will not receive holiday pay;

8. may not claim sick leave; and

9. is eligible to be considered for any other university position, if qualified but will receive no special consideration.

10. will receive only those benefits provided in this sub-section.

F. Recall

In the event that the reason for the layoff of a regular employee abates within one year of the date of layoff, and the university decides to recall an affected employee to fill the same position within an administrative unit or department, the following procedures will control:

1. Recall will apply only to a job within the department or unit from which the employee was laid off.

2. The order of recall within an administrative unit or department for affected employees having the same job class and pay will be the reverse order of the layoff within the administrative unit or department.

3. If all employees within the administrative unit or department and with the same job class and pay decline to return, all applicable recruitment procedures will be observed in filling the vacancy.

4. A recalled employee will return to the same pay, placement, and leave accrual rate as applied to the employee prior to layoff. Sick leave will be reinstated to the same balance the employee had accrued prior to layoff.

G. Layoff and Recall Notification

Employees selected for layoff or recall will be notified in writing. The notice will state the basis for the action, specify the procedures followed and refer the employee to the appropriate human resources office for assistance.

Notice of layoff or recall will be considered given when sent by certified mail to the last known mailing address of the employee or when actually received by the employee, whichever is earlier.

Recall rights expire and the recalled employee will have no further benefits under this section if the employee's written acceptance of the position is not received by the appropriate human resources office within 15 calendar days of the date notice was given.

H. Review of Layoff or Recall Decision

Any employee who disputes a layoff or recall decision may grieve such decision in accordance with the policy and regulation governing grievance procedures, subject to the following limitations:

1. To be valid, a written grievance must be filed with the appropriate human resources office within 10 working days of the date notice of layoff or recall was given, in accordance with sub-section G., above.

2. The scope of the grievance will be limited to whether the aggrieved employee can establish that:

a. the procedures provided by the layoff, recall and release policy and this regulation have not been followed in deciding to layoff or not recall the aggrieved employee;

b. the decision to lay off or not to recall the aggrieved employee was based on a reason prohibited by law; or

c. there was no reasonable basis for determining that the layoff of the aggrieved employee or a decision not to recall the aggrieved employee was authorized under this regulation.

3. The hearing officer will make his/her recommendation on the matter within five working days of the filing of the written grievance. The hearing officer will make his/her recommendation to the chancellor, or, in the case of Statewide Administration employees, to the chief human resources officer. The chancellor, chief human resources officer, or designee, will render a decision within five working days.

4. Except in the case of a written agreement between the parties, the time limits provided hereunder will be extended only for compelling reasons as determined by the chancellor, the chief human resources officer, or designee, as appropriate.

An aggrieved employee's failure to receive a final decision in a grievance proceeding will not delay the effective date of any planned layoff or recall.

(02-22-01)

See Regents' Policy 04.09.060.

(06-03-94)

For a period of three years following position elimination resulting from financial exigency, an employee terminated as a result of position elimination who is not otherwise employed in the university in the same or a comparable position will be offered re-employment in the position previously held should the position be reestablished in the same department or unit from which the employee was terminated.

Where two or more former employees qualify for an offer of re-employment for the same vacancy, priority will be given to the last employee terminated. Notice of an offer of re-employment is considered given when the notice is mailed by certified mail to the employee's last known mailing address, or the notice is received, whichever is earlier. Re-employment rights expire if the employee's written acceptance of the position is not received by the appropriate human resources office within 15 calendar days of the date notice is given. If the offer of re-employment is not accepted, the former employee will receive no further special consideration for re-employment. If the offer of re-employment is accepted, the former employee will receive the following benefits to the extent permitted by applicable laws, policy and regulation:

(02-22-01)

Provisions for grievances challenging a financial exigency declaration are set forth in Policy 04.09.080.

(06-03-94)

Provisions for grievances arising from position elimination resulting from financial exigency are set forth in Policy 04.09.090.

(06-03-94)