Separations (Terminations)

A separation occurs when a University employee resigns, retires, is dismissed, separated by reduction in force (layoff), or dies.

Employees are paid in a lump sum for accumulated vacation leave, not to exceed 240 hours. Sick leave is not paid out but will be reinstated if an employee returns to State service within five years after separating from SPA (Staff) employment with a local government, public school, community college or technical institute. Unused sick leave is creditable toward retirement service credit if the employee applies and qualifies for retirement within five years of separation.

Terminations processed through HRIS must meet payroll deadlines to provide sufficient time to ensure complete and proper approval and processing prior to generating the employee's final paycheck.

An employee is expected to notify management in writing at least two weeks (10 work days) prior to the last intended work day of a voluntary resignation. The last day the employee reports to work is normally the separation date. Exceptions to the practice that the last day worked is the separation date are as follows:

• employee is scheduled to retire at end of leave status, or
• employee dies while in leave status.

Unused accumulated vacation leave is paid in a lump sum, not to exceed 240 hours for full-time employees (prorated for part-time employees). Any vacation leave in excess of 240 hours (or the pro-rated equivalent) shall be forfeited.  (Employees are encouraged to apply this excess to voluntary shared leave before their separation date; see the Voluntary Shared Leave policy for details.)  Unused accumulated bonus leave also is paid in a lump sum.  This terminal leave payment is subject to retirement contributions for full-time employees and is charged to the budget(s) from which the employee's salary is paid.

Unused accumulated sick leave is not paid upon resignation. Sick leave may be reinstated if the employee returns to work with the State within five years from the date of separation. Unused sick leave is included in the calculation of total creditable service for retirement.

Pay will be deducted from the employee's final paycheck for overdrawn leave at the time of termination.

When an SPA employee fails to report to work for a period of at least three consecutive work days without giving oral or written notice to management, that employee voluntarily terminates his/her employment with (resigns from) the University. Management must make reasonable efforts to contact the employee to determine when or if the employee is intending to return to work. Reasonable effort is defined as calling the employee at the last known home telephone number or sending the employee a certified, return receipt requested letter to the last known address. The reasonable efforts to contact must be made prior to the third consecutive work day on which the employee is absent. Written communication must specify the:

• reason for the letter,
• date of expected return,
• management representative to be contacted, and
• consequences of failure to comply.

The Employee & Management Relations Specialists in the Office of Human Resources can assist management in the application of this policy. Any separation action pursuant to this policy must first be approved by the EMR Specialist.

An employee who is participating in the Teachers' and State Employees' Retirement System makes application for retirement through the Benefits Administration Department. An application must be filed with the Retirement System at least one day but not more than 90 days before the effective date of retirement. The effective date of retirement is always the first day of a month. Benefit Program Administration recommends that application be made at least 60 days prior to the planned retirement date in order to ensure timely payment of the first retirement check. The employee should also notify his/her supervisor approximately 60 days before retiring to allow the department sufficient time to initiate appropriate personnel and payroll actions.

More complete information on the State Retirement System is described in the retirement handbook entitled "Your Retirement Benefits."

An employee terminating due to service or early retirement may elect to exhaust earned vacation leave after the last day of work but prior to the effective date of retirement. If such leave is exhausted, the last day of leave is the effective date of termination.

Accumulated sick leave is creditable towards State Retirement service. For each 20 days of unused sick leave, one month of credit is allowed. One more month is allowed for any part of 20 days left over.

For more informatiion, contact the Benefits Specialist in the Office of Human Resources assigned to work with the your department.

An employee who is dismissed or involuntarily separated is paid for unused vacation and bonus leave in the same manner as in a resignation. Accumulated sick leave is not paid, but is reinstated if the employee returns to State service within five years.

A permanent, non-probationary employee dismissed due to unsatisfactory job performance may receive two week of pay in lieu of work.  See the disciplinary policy for more details.

An employee may be separated during the probationary period, without right of appeal or hearing, for personal conduct detrimental to the agency. The employee must be given a written notice of dismissal, including the reasons for the action. The reasons for dismissal must be documented and kept in the department file. A probationary employee cannot be paid in lieu of notice.

For further details on dismissals see the "Disciplinary Procedure for SPA Employees," and "Dispute Resolution and Staff Grievance Procedure."

An employee may be terminated from the University if he/she becomes or remains unavailable for work after all applicable leave credits and benefits have been exhausted and management, for sufficient reasons, cannot or does not grant (additional) leave without pay.

Prior to separation, management must meet with or notify the employee in writing of the proposed separation. The employee shall have an opportunity either in this meeting or in writing to propose alternative methods of accommodation. If the proposed methods are not possible or if they are to be reviewed for consideration, the employee must be advised in writing of the final decision and effective date. These separations may be grieved through the University Dispute Resolution and Staff Grievance Procedure. The Emlpoyee & Management Relations Department can assist in the application of this procedure, and must approve terminations proposed under this procedure.

In the event of the death of an employee or dependent, Benefits Administration should be notified as soon as possible. Benefits Administration can provide assistance in securing University benefits entitlements and final compensation when an employee or dependent dies. There are several steps involved in securing these benefits and receiving prompt payment such as obtaining necessary legal documents and completing claim forms.

The termination process through HRIS should reflect accumulated vacation leave (up to a maximum of 240 hours) and bonus leave to be paid out and the accumulated sick leave balance.