Corrective/Disciplinary Action: Difference between revisions

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width="20">[[Intellectual Property]]</td>
width="20">[[Intellectual Property]]</td>
<td style="border-bottom:2px solid #A3B1BF" width="3">&#160;</td>
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width="20">[[Faculty]]</td>
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[[Employee Leave]] | [[Drug Free Campus]] | [[Employment]] | [[Work Schedules]] | [[Employee Separation]] | [[Compensation Administration]] | [[Dress Code]] | [[Background Check]] | [[Recurring/Additional Payment]] | [[Employee Grievance Process]] | [[Reduction-in-Force]] | [[Outside Employment]] | [[Political Activities]] | [[Employee/Dependent Scholarship]] | [[Employee Recognition and Reward]] | [[Performance Evaluation]] | [[Corrective/Disciplinary Action]] | [[Non-Discrimination and Harassment]] | [[Tobacco-Free Campus]] | [[Nepotism]] | [[Flu Season]] | [[Consensual Relationships]] | [[AIDS, HIV, and Other Bloodborne Pathogens]] | [[Personnel Action Documentation]] | [[Fitness for Duty]] | [[Sexual Misconduct]]<br /><br />
[[Employee Leave]] | [[Drug Free Campus]] | [[Employment]] | [[Work Schedules]] | [[Employee Separation]] | [[Compensation Administration]] | [[Dress Code]] | [[Background Check]] | [[Recurring/Additional Payment]] | [[Employee Grievance Process]] | [[Reduction-in-Force]] | [[Outside Employment]] | [[Political Activities]] | [[Employee/Dependent Scholarship]] | [[Employee Recognition and Reward]] | [[Performance Evaluation]] | [[Corrective/Disciplinary Action]] | [[Non-Discrimination and Harassment]] | [[Tobacco-Free Campus]] | [[Nepotism]] | [[Influenza]] | [[Consensual Relationships]] | [[AIDS, HIV, and Other Bloodborne Pathogens]] | [[Personnel Action Documentation]] | [[Fitness for Duty]] | [[Sexual Misconduct]] | [[Personnel Files]]<br /><br />
Policy No.: '''1098'''<br />
Policy No.: '''1098'''<br />
Effective Date: '''03/18/08'''<br />
Effective Date: '''03/18/08'''<br />
Revised Date: '''10/26/10'''<br />
Revised Date: '''11/06/17'''<br />
Reviewed Date: '''12/10/13'''<br />
Reviewed Date: '''11/01/17'''<br />
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<br />
<big>'''Corrective and Disciplinary Action Policy'''</big>
<big>'''Corrective and Disciplinary Action Policy'''</big>
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'''1.1''' UNMC employees are required to meet certain standards of work performance and workplace conduct. When employees do not meet specified standards, Corrective and Disciplinary actions including termination for cause may be warranted.
'''1.1''' UNMC employees are required to meet certain standards of work performance and workplace conduct. When employees do not meet specified standards, Corrective and Disciplinary actions including termination for cause may be warranted.
==Scope==
==Scope==
'''2.1''' The UNMC Corrective and Disciplinary Action Policy is applicable to all UNMC employees to include Office/Service, Managerial/Professional, Faculty, and Other Academic positions. In the case of employees with Faculty appointments, terminations and grievance procedures are also governed by the [http://nebraska.edu/docs/board/bylaws.pdf Bylaws of the Board of Regents] of the University of Nebraska (Chapter IV), [http://nebraska.edu/docs/board/RegentPolicies.pdf Board of Regents Policy], and policy and procedures adopted by the individual colleges and the UNMC Faculty Senate.
'''2.1''' The UNMC Corrective and Disciplinary Action Policy is applicable to all UNMC employees to include Office/Service, Managerial/Professional, Faculty, and Other Academic positions. In the case of employees with Faculty appointments, terminations and grievance procedures are also governed by the [https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/board-governing-documents/board-of-regents-bylaws.pdf?la=en Bylaws of the Board of Regents] of the University of Nebraska (Chapter IV), [https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/board-governing-documents/board-of-regents-policies.pdf?la=en Board of Regents Policy], and policy and procedures adopted by the individual colleges and the UNMC Faculty Senate.
==Basis of the Policy==
==Basis of the Policy==
'''3.1''' The [http://www.unmc.edu/ University of Nebraska Medical Center] (UNMC) follows the performance management policies set forth in the [http://nebraska.edu/docs/hr/employee-policies.pdf University of Nebraska Central Administration] personnel policies including: Original Probationary Period; Employee Discipline; and Termination of Employment for Cause. For employees with Faculty appointments, terminations and grievance procedures are also governed by the [http://nebraska.edu/docs/board/bylaws.pdf Bylaws of the Board of Regents] of the University of Nebraska (Chapter IV), [http://nebraska.edu/docs/board/RegentPolicies.pdf Board of Regents Policy], and policy and procedures adopted by the individual colleges and the UNMC Faculty Senate.
'''3.1''' The [http://www.unmc.edu/ University of Nebraska Medical Center] (UNMC) follows the performance management policies set forth in the [https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/policies/employee-policy-manual.pdf?la=en University of Nebraska Administration Human Resources Handbook for Policies] including: Original Probationary Period; Employee Discipline; and Termination of Employment for Cause. For employees with Faculty appointments, terminations and grievance procedures are also governed by the [https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/board-governing-documents/board-of-regents-bylaws.pdf?la=en Bylaws of the Board of Regents] of the University of Nebraska (Chapter IV), [https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/board-governing-documents/board-of-regents-policies.pdf?la=en Board of Regents Policy], and policy and procedures adopted by the individual colleges and the UNMC Faculty Senate.
==Authorities and Administration==
==Authorities and Administration==
'''4.1''' The UNMC Human Resources’ Division Director of Employee Relations is responsible for the administration, implementation, and maintenance of the Corrective and Disciplinary Action Policy at the campus level in consultation with the Assistant Vice Chancellor for Business and Finance, Executive Director of Human Resources, and the Vice Chancellor for Business and Finance.
'''4.1''' The UNMC Human Resources’ Division Director of Employee Relations is responsible for the administration, implementation, and maintenance of the Corrective and Disciplinary Action Policy at the campus level in consultation with the Assistant Vice Chancellor for Business and Finance, Executive Director of Human Resources, and the Vice Chancellor for Business and Finance.
==Policy==
==Policy==
===Original Probationary Period===
===Original Probationary Period===
(Office-Service employees only)<br />
(Managerial/Professional and Office/Service employees only)<br />


'''5.1''' It is the policy of the University of Nebraska Medical Center that all newly hired regular office/service employees serve one six-month Original Probationary Period. This Original Probationary Period is an extension of the selection process and is used to determine an employee's suitability for employment at UNMC. The successful completion of the probationary period is not to be construed as granting a property interest in continuing employment.<br />
'''5.1''' It is the policy of the University of Nebraska Medical Center that all newly hired regular managerial/professional and office/service employees serve one six-month Original Probationary Period. This Original Probationary Period is an extension of the selection process and is used to determine an employee's suitability for employment at UNMC. The successful completion of the probationary period is not to be construed as granting a property interest in continuing employment.<br />
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'''5.2''' Departments in collaboration with Human Resources, Employee Relations may consider dismissing an office/service employee during the Original Probationary Period with a Corrective and Disciplinary Action termination notice.<br />
'''5.2''' Departments in collaboration with Human Resources, Employee Relations may consider dismissing a managerial/professional or office/service employee during the Original Probationary Period with a Corrective and Disciplinary Action termination notice.<br />
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'''5.3''' Unless there is a break in UNMC employment, office/service employees serve only one Original Probationary Period.<br />
'''5.3''' Unless there is a break in UNMC employment, managerial/professional and office/service employees serve only one Original Probationary Period.<br />
==Original Probationary Period Rights==
==Original Probationary Period Rights==
'''6.1''' Original probationary employees have no grievance rights but have a right to a Corrective and Disciplinary Action Termination Notice. However, employees on original probation who believe that their legal rights with respect to employment have been violated by a termination action may consult with UNMC Human Resources-Employee Relations. Employees raising issues of discrimination and/or sexual harassment, during their original probationary period, may also seek assistance through Employee Relations/Affirmative Action Officer.
'''6.1''' Original probationary employees have no grievance rights but have a right to a Corrective and Disciplinary Action Termination Notice. However, employees on original probation who believe that their legal rights with respect to employment have been violated by a termination action may consult with UNMC Human Resources-Employee Relations. Employees raising issues of discrimination and/or sexual harassment, during their original probationary period, may also seek assistance through Employee Relations/Affirmative Action Officer.
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*Suspension without Pay
*Suspension without Pay
*Termination/discharge for Cause<br />
*Termination/discharge for Cause<br />
'''7.4''' Departments and managers issuing any type of Corrective and Disciplinary Actions may complete the [http://www.unmc.edu/hr/Forms/Corrective%20and%20Disciplinary%20Action%20Form.doc Corrective and Disciplinary Action Form] in consultation with Human Resources-Employee Relations (see procedures for contact information), to ensure that UNMC procedures are followed.
'''7.4''' Departments and managers issuing any type of Corrective and Disciplinary Actions may complete the [https://wiki.unmc.edu/index.php/HR_-_Employee_Relations_Forms Corrective and Disciplinary Action Form] in consultation with Human Resources-Employee Relations (see procedures for contact information), to ensure that UNMC procedures are followed.
 
==Verbal Warning==
==Verbal Warning==
'''8.1''' A Verbal Warning may be given to alert an employee to specific deficiencies (failure to meet work product standards or workplace/conduct standards). A Verbal Warning consists of a discussion in which the supervisor verbally advises an employee of his/her performance or conduct deficiencies and recommended corrective actions. Notes regarding the meeting may be kept in departmental files.
'''8.1''' A Verbal Warning may be given to alert an employee to specific deficiencies (failure to meet work product standards or workplace/conduct standards). A Verbal Warning consists of a discussion in which the supervisor verbally advises an employee of his/her performance or conduct deficiencies and recommended corrective actions. Notes regarding the meeting may be kept in departmental files.
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'''12.1''' Management, in consultation with Human Resources-Employee Relations, may terminate employees for cause when employees fail to meet department, unit, or UNMC work performance or workplace conduct standards. Note: Either the employee or UNMC may also end the employment relationship under UNMC Policy No. 1006, [[Employee Separation]], sections 5.2, 5.3, and 5.4.<br />
'''12.1''' Management, in consultation with Human Resources-Employee Relations, may terminate employees for cause when employees fail to meet department, unit, or UNMC work performance or workplace conduct standards. Note: Either the employee or UNMC may also end the employment relationship under UNMC Policy No. 1006, [[Employee Separation]], sections 5.2, 5.3, and 5.4.<br />
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'''12.2''' Any employee (except probationary employee) considered for "Termination for Cause" will be given a pre-termination hearing. At the pre-termination hearing employees will be given the opportunity to be informed about why termination is being considered and to present information on their own behalf. If, after the hearing, "Termination for Cause" is recommended, the employee will be given a Corrective and Disciplinary Action Termination Notice and will have access to the UNMC grievance process in UNMC Policy No. 1020, [[Employee Grievance Process]]. Section 6.1 applies to original probationary period office-service employees terminated for cause.
'''12.2''' Any employee (except probationary employee) considered for "Termination for Cause" will be given a pre-termination hearing. At the pre-termination hearing employees will be given the opportunity to be informed about why termination is being considered and to present information on their own behalf. If, after the hearing, "Termination for Cause" is recommended, the employee will be given a Corrective and Disciplinary Action Termination Notice and will have access to the UNMC grievance process in UNMC Policy No. 1020, [[Employee Grievance Process]]. Section 6.1 applies to original probationary period managerial/professional and office/service employees terminated for cause.
==Grievable Corrective and Disciplinary Actions==
==Grievable Corrective and Disciplinary Actions==
'''13.1''' For any of the following corrective and disciplinary actions, employees (except probationary employees) may file a grievance under UNMC Policy No. 1020, [[Employee Grievance Process]] or the applicable faculty procedure.
'''13.1''' For any of the following corrective and disciplinary actions, employees (except probationary employees) may file a grievance under UNMC Policy No. 1020, [[Employee Grievance Process]] or the applicable faculty procedure.
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==Rehire Eligibility ==  
==Rehire Eligibility ==  
'''14.1''' Persons dismissed for cause from UNMC or from any University of Nebraska campus are not eligible for rehire without prior approval of Human Resources. Persons leaving UNMC while under Corrective and Disciplinary Action or those whose performance is documented as below satisfactory may not be eligible for rehire. Persons dismissed for gross misconduct from UNMC or from any University of Nebraska campus are not eligible for rehire at UNMC. Questions relative to an applicant's eligibility for re-hire should be directed to Human Resources.
'''14.1''' Persons dismissed for cause from UNMC or from any University of Nebraska campus are not eligible for rehire without prior approval of Human Resources. Persons leaving UNMC while under Corrective and Disciplinary Action or those whose performance is documented as below satisfactory may not be eligible for rehire. Persons dismissed for gross misconduct from UNMC or from any University of Nebraska campus are not eligible for rehire at UNMC. Questions relative to an applicant's eligibility for re-hire should be directed to Human Resources.
==Equal Employment Opportunity==
==Notice of Non-Discrimination==  
'''15.1''' The University of Nebraska Medical Center declares and affirms a policy of equal educational and employment opportunities, affirmative action in employment, and nondiscrimination in providing its services to the public. Therefore, the University of Nebraska Medical Center shall not discriminate against anyone based on race, age, color, disability, religion, sex, national or ethnic origin, marital status, genetic information, sexual orientation, political affiliation, Vietnam-era veteran status, or special disabled Veteran status. Sexual harassment in any form, including hostile environment and quid pro quo, is prohibited.
Please see UNMC's [http://www.unmc.edu/titleix/notice-nondiscrimination.html Notice of Non-Discrimination] regarding the University of Nebraska Medical Center's commitment to creating a diverse and inclusive working and learning environment free from discrimination and harassment.
==Additional Information==
==Additional Information==
*Contact Human Resources, Employee Relations, 402-559-7394
*Contact [https://www.unmc.edu/human-resources/about/contact-hr.html Human Resources, Employee Relations], 402/559-7394, 402/559-8534 or 402/559-4371
*[http://nebraska.edu/docs/board/bylaws.pdf Bylaws of the Board of Regents] of the University of Nebraska (Chapter IV)
*[https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/board-governing-documents/board-of-regents-bylaws.pdf?la=en Bylaws of the Board of Regents] of the University of Nebraska (Chapter IV)
*[http://nebraska.edu/docs/board/RegentPolicies.pdf Board of Regents Policy]
*[https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/board-governing-documents/board-of-regents-policies.pdf?la=en Board of Regents Policy]
*[https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/policies/employee-policy-manual.pdf?la=en University of Nebraska Administration Human Resources Handbook for Policies]  
*UNMC Policy No. 1006, [[Employee Separation]]
*UNMC Policy No. 1006, [[Employee Separation]]
*UNMC Policy No. 1020, [[Employee Grievance Process]]
*UNMC Policy No. 1020, [[Employee Grievance Process]]
*UNMC Procedures No. 1098, [http://www.unmc.edu/hr/proc/Procedures1098.pdf Corrective and Disciplinary Action]  
*UNMC Procedures No. 1098, [http://www.unmc.edu/hr/proc/Procedures1098.pdf Corrective and Disciplinary Action]  
*[http://www.unmc.edu/hr/Forms/Corrective%20and%20Disciplinary%20Action%20Form.doc Corrective and Disciplinary Action Form].<br />
*[https://wiki.unmc.edu/index.php/HR_-_Employee_Relations_Forms Corrective and Disciplinary Action Form]
*[https://wiki.unmc.edu/images/7/76/ADA-Sec504GrievanceProcedures.pdf ADA - Americans with Disabilities Act and Section 504 Grievance Procedures]
*[http://www.unmc.edu/hr/proc/Req%20for%20Reasonable%20Accommodation%20-%20ADA.pdf ADA - Americans with Disabilities Act - Requests for Reasonable Accommodation]<br />
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This policy maintained by [mailto:dpanowic@unmc.edu dkp].
This policy maintained by [mailto:dpanowic@unmc.edu dkp].

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