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Position Discontinuation and Severance

Policy Number: HR-64
Effective Date: April 2014
Responsible Officer: President, The Academy of Natural Sciences of Drexel University

PURPOSE

This policy was established to identify involuntary separation circumstances and to provide guidelines under which severance might be granted.

 

APPLICABILITY

This policy applies to all eligible Professional Staff Members.

This policy does not apply in the following situations:

  1. To Professional Staff Members who are still in their introductory period on the date of separation.
  2. To Professional Staff Members classified as temporary, casual, or per diem.
  3. To contract (or term employees) holding agreements with a specific end date.
  4. To Professional Staff Members who occupy positions funded in whole or in part by grants, contracts or any other sources of external funding.
  5. In case of resignation, quit without notice, job abandonment, medical necessity, retirement, and involuntary separation due to unsatisfactory performance or misconduct.
  6. To a Professional Staff Member whose job has changed as the result of a personnel reorganization without a decrease in salary.
  7. Where a Professional Staff Member has been provided notice by the Academy that his/her position will be discontinued on a future date and is determined by the Academy to have engaged in unsatisfactory performance, misconduct or other violation of Academy policies during the notice period.
  8. To a Professional Staff Member who is offered a new position within Academy of Natural Sciences of Drexel University, the Drexel University College of Medicine, or a parent, subsidiary or affiliate without a break in employment and without a decrease in salary by that organization.
  9. Where a Professional Staff Member's position is eliminated because (1) the Professional Staff Member's functional responsibilities will be transferred to, assumed by or provided through another organization and (2) the Professional Staff Member is offered a substantially equivalent position (without a break in employment and without a decrease in salary) by that organization

 

IMPLEMENTATION

Implementation of this policy is the responsibility of the Department of Human Resources.

 

ADMINISTRATIVE OVERSIGHT

The President of the Academy of Natural Sciences of Drexel University is the official responsible for the administration of this policy.

 

POLICY

While the Academy of Natural Sciences of Drexel University strives continuously to provide a stable and rewarding work environment, conditions require that it have flexibility for responding to changing financial conditions and organizational efficiencies. In doing so, it may be necessary on occasion to reorganize, enlarge, or reduce the personnel complement in some units. Please note: Nothing contained in this policy is intended to alter the at-will employment relationship between the Academy of Natural Sciences of Drexel University and its Professional Staff Members or to create legally enforceable contractual rights.

Please note: Nothing contained in this policy is intended to alter the at-will employment relationship between Drexel University and its Professional Staff Members or to create legally enforceable contractual rights.

 

DEFINITIONS

Full-time Professional Staff Member is a Professional Staff Member who is regularly scheduled to work 35/40 hours per week.

Part-time Professional Staff Member is a Professional Staff Member who is regularly scheduled to work at least 20 but fewer than 40 hours per week.

Professional Staff Member is defined as an individual employed in any non-faculty category by the Academy of Natural Sciences of Drexel University, including an individual who is deemed to be either exempt or non-exempt under the provisions of the FLSA and/or applicable state law.

 

PROCEDURES

  1. In preparing to execute a reorganization and/or professional staff reduction plan, the supervisor of an affected Professional Staff Member  should consult with the Human Resources Department to receive assistance with the EEO matters and severance determination and processing. Human Resource consultants will also assist with communications with the person(s) to be separated and remaining professional staff.
  2. The supervisor will communicate privately and in person with the Professional Staff Member who is to be separated, providing a rationale for the reduction in positions to the extent practical, and describe the procedure for separation. The supervisor may request that a consultant from Human Resources attend the meeting. Normally, the Professional Staff Member ends active employment on the day of notice. However, by mutual consent, the supervisor and Professional Staff Member may decide that active employment will continue through a certain date or contingency, in which case the Professional Staff Member's severance is paid at the end of active employment.
  3. An agreement confirming the separation and the severance arrangements will be prepared by the Office of General Counsel.
  4. Human Resources will consult with the separated Professional Staff Member on opportunities to continue benefits (through COBRA) and other programs offered by the Academy of Natural Sciences of Drexel University.
  5. E. Human Resources will also provide assistance in reviewing other employment opportunities within the Academy of Natural Sciences of Drexel University and information regarding accessing unemployment benefits.

 

DETERMINING SEVERANCE PAY FOR POSITION DISCONTINUATION

After a Professional Staff Member executes a separation agreement in a form satisfactory to the Academy of Natural Sciences of Drexel University in which the Professional Staff Member releases the Academy, its officers, and Professional Staff Members from all claims arising from her/his employment by the Academy or the separation of her/his employment, the Academy will provide a severance payment according to length of service as a Full-time Professional Staff Member. (Length of service is adjusted hire date as recorded in Human Resource Information System.)

For Part-time Professional Staff Members, the amount of severance payments will be adjusted on a pro rata basis.

 

Length of Service

 

 

 

Severance

 

 

 

End of Introductory Period to 1 year

 

 

 

2 weeks salary

 

 

 

1 year, but less than 2

 

 

 

1 month salary

 

 

 

2 years, but less than 3

 

 

 

2 months salary

 

 

 

3 years, but less than 4

 

 

 

3 months salary

 

 

 

4 years, but less than 5

 

 

 

4 months salary

 

 

 

5 years+

 

 

 

5 months salary

 

 

 

 

The following provision applies to any Professional Staff Member who has been given notice that his/her position will be discontinued. In order for the Professional Staff Member to receive a severance payment under this policy, the Professional Staff Member must continue, throughout the period of notice, to demonstrate satisfactory performance, conduct and adherence to Academy policies, including the Policy on Attendance.

 

AT-WILL EMPLOYMENT NOT AFFECTED

Notwithstanding anything to the contrary stated in this policy, nothing herein is intended to alter the at-will status of any Professional Staff Member. The Academy of Natural Sciences of Drexel University at all times retains the right to terminate any Professional Staff Member at any time for any lawful reason, or for no reason at all.