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Human Resources - Classified Staff (Policy)

LMC Revised Date

Office of Origin: Human Resources
Responsibility: Executive Director, Human Resources
Original Date Adopted: 07-29-82
Dates Reviewed: 12-11-17, 07-09-18, 02-05-20, 06-15-20
Last Date Approved: 06-23-20


Lake Michigan College (the College) is an equal opportunity institution, as documented in the Non-Discrimination policy. The College will comply with existing state and federal employment laws.

The College will administer employment of full- and part-time Classified Staff in accordance with this policy and any procedures related to Classified Staff. The College may at any time adopt new policies and procedures or amend those existing. Adoption or amendment will not become effective until such has been communicated to employees and published with the other policies/procedures.

Definitions

Classified Staff are non-exempt employees, in accordance with the Fair Labor Standards Act (FLSA). For the purposes of this document, the terms "Classified Staff" and "employees" are to be used interchangeably, and refer to those individuals employed by the College.

Full-time Classified Staff are Classified Staff employed for 30 or more hours per week for 40 or more weeks annually. Part-time Classified Staff are Classified Staff employed for 29 or fewer hours per week.

Classified staff employment is for an indefinite term and may be terminated by the employee or the College, with or without cause, at any time. Classified Staff positions are considered “at will.”

Policies

Appointment

Although appointment is for an indefinite term, Classified Staff are deemed at-will employees and either they or the College may terminate the employment relationship with or without cause or notice at any time.

Bereavement Leave

Paid Bereavement Leave will be granted to full-time employees upon the death of a family member as follows. This leave will be granted for workdays falling in the period generally taken from the time of a death.

  • Immediate family (current spouse/partner, child, stepchild, parent, parent-in-law, other relative residing in immediate household): 5 days
  • Brother, sister, grandparent, grandchild: 3 days
  • In-law (grandparent, brother, sister, son, daughter, aunt, uncle, niece, nephew): 1 day

Extenuating circumstances warranting use of Bereavement Leave over an extended period may be approved at the discretion of the supervisor in conjunction with the Executive Director, Human Resources (HR.)

Extenuating circumstances warranting more than the days above may be approved at the discretion of the supervisor in conjunction with the Executive Director, HR, and would be subtracted from the employee's Sick Leave.

Classes During Work Schedule

With supervisor approval, a full-time employee may take 1 College class a semester during her/his work schedule, up to 3 contact hours per week.

Compensation When College is Closed

Employees working during a Paid Holiday or Emergency Closure will be paid for hours actually worked in addition to emergency closure or holiday pay.

Constitutional Rights

The Board of Trustees recognizes the right of any College employee to take or refrain from taking a stand on a political issue and to support or oppose any issue or candidate. Such activities, however, must be conducted on an individual's own time and off College premises. An individual must exercise reasonable care to show that he/she is acting in her/his capacity as a private citizen.

Discipline

The College will follow a system of progressive/corrective discipline. The supervisor and employee are encouraged to informally discuss the situation and/or performance problems before formal corrective steps become necessary.

  • In normal circumstances, corrective steps, whether for related or unrelated infractions, will include written warning, followed by suspension with or without pay, and then termination.
  • Discipline will be commensurate with the seriousness of the infraction; disciplinary steps may be repeated for less serious infractions or bypassed for more serious infractions.
  • The immediate supervisor, in consultation with the department administrator and HR, will determine the seriousness of the action requiring discipline and determine the appropriate level of discipline.
  • In determining the seriousness of an infraction, not only will the conduct of the employee be considered but also the consequences of the conduct to the College and its operations.
  • The supervisor and HR may administer a Performance Improvement Plan (PIP) for the employee to support improved performance. Successful completion of a PIP does not guarantee continued employment.

Due Process

The due process provisions set forth here apply only to situations involving disciplinary suspension or termination of employment for reason of illness, disability or incapacity, or just cause.

Before employment is suspended or terminated, HR will provide the employee with a written notice of suspension or of intent to recommend termination of services. This notice will contain a statement of the reason(s) for the suspension or recommendation for termination in sufficient detail to enable the employee to be informed of the reasons and a copy of the provisions for due process.

Within 5 working days of receipt of a notice of disciplinary suspension or intent to recommend termination of services, the employee may request a meeting with the Executive Director, HR or designee for discussion within 2 weeks. Failure to request a meeting within this time limit will be deemed a waiver of the right of such a meeting, and disciplinary suspension or the termination will be in effect as deemed appropriate by the supervisor and the executive administrator of the division, in consultation with Executive Director, HR. If upon meeting, the Executive Director, HR and the employee are unable to agree on the appropriateness of the disciplinary suspension or termination, the employee may appeal to the President by submitting a written request for a meeting for discussion within 5 working days. The decision of the President will be final.

The College may terminate or suspend the services of an employee at any time where just cause exists for such termination or suspension. Just cause includes, by way of illustration but not limitation, unsatisfactory performance, gross insubordination, gross violation of College policies, procedures, rules or regulations, abandonment of duties, commission of crimes, or such other conduct as justifies the termination or suspension of employment.

Emergency Closures

Employees will be paid for scheduled work hours when the College has an Emergency Closure (e.g., closures due to weather conditions or other sudden, unexpected occurrences.) If the College closes for any reason and the employee is already at work, the employee will receive pay for the remainder of that day’s work schedule.

Employee Responsibilities

The basic employment obligation of the Classified Staff is to assist in the implementation of the mission and goals of the College.

All employees are expected to continually develop in professional growth and competence, and are encouraged to participate in service to the community.

In addition to special assignments made by the supervisor, employees shall perform all duties and responsibilities as defined in the position job description.

Holidays

The College will close to recognize the following Paid Holidays, either on the actual holiday or on alternate week day near the holiday. The Paid Holiday dates will be announced at the beginning of each fiscal year. If a Paid Holiday falls on a date that the employee would have normally been scheduled to work, the employee will receive regular rate wages for the schedule the employee would have worked. This will not apply to employees on a continuous leave of absence.

  • Friday before Easter (date varies; 1 Paid Holiday)
  • Memorial Day (date varies; 1 Paid Holiday)
  • Independence Day (July 4; 1 Paid Holiday on/near July 4, as set by the College)
  • Labor Day (date varies, 1 Paid Holiday)
  • Wednesday before Thanksgiving, Thanksgiving Day, and the Friday following Thanksgiving Day (dates vary; 3 Paid Holidays)
  • Christmas Eve at 12pm through New Year’s Day (December 24 at 12pm through January 1; number of Paid Holiday days will vary depending on where the dates fall on the calendar in relation to weekdays and weekends)
  • Any other days(s) announced by the College as additional holiday(s)

Employees working during a Paid Holiday or Emergency Closure will be paid for hours actually worked in addition to emergency closure or holiday pay.

Illness or Disability

Refer to Accessibility for Persons with Disabilities policy.

The College may terminate employment if an employee is unable to satisfactorily perform or to resume her/his duties because of illness, disability, or incapacity at the expiration of any authorized medical leave of absence. Before employment is so terminated, a written notice of intent to terminate will be delivered to the employee, or to the guardian, spouse, or such other person as may be legally responsible for the employee. Upon receipt of such notice, the employee may request implementation of the provisions for due process set forth herein. No termination will become effective until completion of due process.

Insurance

The College will offer insurance to full-time employees and eligible dependents. The employee cost of insurance and types of coverages offered will be determined by the College in compliance with federal and state law.

Jury Duty

An employee called and reporting for jury duty must use vacation pay or must remit the payment received from the court for jury duty service to the College when received.

Mileage Reimbursement

Refer to Mileage Reimbursement policy.

Outside Employment

Refer to Conflict of Interest Policy.

Overtime

Full-time employees who work over 40 hours per work week will be paid one-and-a-half times (1.5x) hourly base pay for the hours worked over 40. Work week is defined as Sunday through Saturday. Paid or unpaid leave hours are not considered as hours worked for overtime calculations (e.g., personal days, vacation time, sick leave, paid holidays, emergency closures, etc.)

Part-Time Faculty Arrangements

Refer to Teaching by Staff policy.

Participation in College Groups

With the approval of the supervisor, an employee may participate in College governance and planning through membership in College committees, councils, taskforces, and/or work groups and in College-approved volunteer opportunities occurring during regular College business hours (such as the Lake Michigan College Foundation Winner’s Circle Auction and the Holiday Food Basket.) Employees will be paid for supervisor-approved participation in these activities.

The College will also provide up to 4 hours of supervisor-approved off-campus paid volunteer service leave for each fall and spring semester.

Performance Review

Employees will receive at least 1 performance appraisal annually by the supervisor, which will be maintained in the employee personnel file.

Personal Days

Each year, full-time employees will be provided 3 paid Personal Days for personal business. Personal Days are not cumulative and will be forfeited if not taken in the fiscal year granted. Personal Days are granted on a pro-rated basis upon hire and then annually in July.

Personnel Records

There will be only one official personnel file for each employee, which will be maintained in HR. The employee has the right to review the contents of the personnel file, excluding letters of recommendation, with an appropriate administrator. Excluding authorized College personnel or agents, no third party will be permitted access to an employee personnel file without the written consent of the employee unless disclosure is ordered in a legal action or government claim.

Professional Development

Paid professional development time may be granted with supervisor approval to attend training and other professional development activities.

Qualifications

HR possesses the right to judge the qualifications of employees and to determine the requirements for their hire, termination, transfer, or assignment.

Administration will establish minimum qualifications for each job position and will publish the qualifications in job descriptions. Minimum qualifications will adhere to Higher Learning Commission guidelines, criteria, and assumed practices. Minimum qualifications may be amended or modified from time to time as approved by HR.

Reduction in Force

The College may terminate employment if it determines that a reduction in the workforce is necessary. In such case, the College will give written notice to the affected employee no less than 10 workdays before the employee's services are to be terminated or will provide 2 weeks’ pay in lieu of notice. Health, dental, and vision insurance benefits will continue through the end of the month in which employment ends. Unused vacation time will be forfeited upon termination of employment.

Resignation

Refer to Resignation policy.

Retirement Plans

The College will make available the Michigan Public Schools Retirement System (MPSERS) plan.

Sick Leave

Sick Leave will be awarded annually as of July 1 or upon date of hire. Full-time employees employed on July 1 will receive 96 hours in a sick time bank each July; those beginning work after July 1 will receive a sick time bank upon hire prorated based upon portion of the year remaining.

Employees working less than 40 hours per week will receive a prorated sick time bank in July based on the hours regularly scheduled to be worked compared to a full-time schedule. Such employees beginning work after July 1 will receive a sick time bank upon hire, prorated based on the hours regularly scheduled to be worked and the portion of the year remaining.

Employees may accumulate up to 960 hours. Unused sick time will be forfeited upon termination of employment.
Sick time must be used in no less than 15 minute increments.

The College may, at its discretion, require an employee to submit competent medical verification of any use of paid Sick Leave after 5 working days of absences.

If scheduled Sick Leave (other than those on a continuous leave of absence) falls when the College has an Emergency Closure, the employee is not required to use Sick Leave for that day or hours.

Termination

If employment is terminated, the College will have no further obligations to the employee for salary or benefits from and after the date of termination subject to relevant statutes. However, health, dental, and vision insurance benefits will continue through the end of the month in which employment ends. Unused vacation time will be forfeited upon termination of employment.

Temporary Military Leave

Leave will be granted to an employee called for temporary military duty according to Federal statutes.

Tuition Waiver

Refer to Tuition Waiver - Faculty and Staff policy.

Vacancies, Transfers & Assignments

The Board of Trustees has delegated to the President or designee the sole authority to hire, transfer, or reassign employees. All vacancies and new positions will be posted unless filled by reassignment or reorganization.
An employee may request a change in departmental assignment to another area within her/his competency by giving official written notice to her/his supervisor with a copy to the Executive Director of HR. A request does not guarantee approval of the transfer.

The College retains the right to reassign or transfer any employee to any position or department within her/his competency at its sole discretion. Such involuntary transfers will not normally result in a decrease in compensation. Exceptions may occur if current pay rate falls outside of the DBM pay grade of newly assigned position.

Vacation

Vacation is awarded annually as of July 1 or upon date of hire. Full-time Classified Staff employed on July 1 will receive 160 hours in a vacation bank each July, unless specifically grandfathered-in in writing under prior policies that provided more than 160 hours. Full-time employees beginning work after July 1 will receive a vacation bank upon hire prorated based upon portion of the year remaining.

Employees working less than 40 hours per week will receive a prorated vacation bank in July based on the hours regularly scheduled to be worked compared to a full-time schedule. Such employees beginning work after July 1 will receive a vacation bank upon hire, prorated based upon the hours regularly scheduled to be worked and the portion of the year remaining.

Vacation is not cumulative, and is forfeited if not taken during the fiscal year awarded. Unused vacation time will be forfeited upon termination of employment.

Vacation must be approved in advance by the supervisor, and must be used in no less than 15 minute increments.

If scheduled Vacation falls when the College has an Emergency Closure, the employee is not required to use Vacation for that day or hours.

Wage Determination

The President or designee has the authority to offer wages, consistent with the College compensation philosophy and/or contractual obligations. The College may at any time develop and/or modify wage placement criteria and procedures, which will be published or disseminated among employees.

Wellness Leave

Full-time employees may take up to 1.5 hours of supervisor-approved paid wellness leave each week to participate in wellness activities on campus. Part-time employees may take up to 45 minutes each week. The time may be taken at one time or split throughout the week to equal the total. This time is not cumulative from week-to-week and is not paid out upon employee separation.

Work Locations

At the discretion of and with approval by supervisor, employee may work offsite (including at home) on an ad hoc basis.

Work Schedule

Employee work schedules are assigned by the supervisor in accordance with departmental and College needs.
The work schedule of a full-time employee will include a daily lunch time of 30 minutes or 1 hour, unpaid by the College, and two 15-minute paid breaks, paid by the College.

The work schedule of a part-time employee is not required to include a lunch break or any 15-minute breaks unless the employee is under 18 years of age.

References

Accessibility for Persons with Disabilities policy
Conflict of Interest policy
Mileage Reimbursement policy
Non-Discrimination policy
Resignation policy
Teaching by Staff policy
Tuition Waiver - Faculty and Staff policy

Documents and Files

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