Whenever practicable, employees in temporary or project appointments in the operational area shall be reduced or discontinued before invoking the layoff procedures. Employees in a probationary period may be dismissed prior to laying off non-probationary employees, providing that those remaining employees have the necessary skills, knowledge, and ability to perform the work.

B. Layoff Selection and Plan

Prior to providing layoff notice to any employees, the Department Head, Director, Dean, or equivalent administrator shall develop a plan under which a layoff will occur. The plan will document:

the reason(s) for the layoff
the anticipated date of separation (management should consider the total budgetary cost of separating an employee through layoff when determining an appropriate separation date)
a listing of all vacant positions in the department which are in the same branch, role and competency level with a status of recruitment activity for those positions
what efforts the department made to avoid the layoff of the selected employee(s)
a brief explanation why action other than layoff is not possible
a management contact

This plan will be submitted to Human Resources and Affirmative Action and upon notification to the employee, shared with the University Staff Council.

Temporary layoffs are not subject to layoff procedures within this policy. Employees subject to layoff will be determined and evaluated by using the following criteria:

Needs of institution to deliver services;
Relative skills, knowledge, or expertise of employees;
Length of service of employees (e.g., at UWSP); and
Other appropriate criteria.

Upon the employer’s layoff notification to an employee, the employee may appeal the layoff decision through the appropriate grievance procedures (see Operational Policy GEN 14: Grievance Procedures).

Once the layoff group has been determined, any employee from within the affected layoff group may elect to retire or voluntarily be laid off to avoid involuntary layoffs. The employer reserves the right to rescind a layoff notice and/or postpone the layoff date. However, once the employee has been officially notified of the intended layoff date, the employer may not make the layoff date any earlier.

C. Notice

Full or part-time staff who are employed where layoff is probable will receive (whenever practicable) written at-risk notification at least 30 calendar days prior to the actual layoff notification. A full or part-time staff member who is designated for layoff must be given written notice from the Office of Human Resources as soon as practicable, but not less than 30 calendar days prior to the effective date of the layoff. This written notice will indicate:

the reason for the layoff
the effective date of the layoff
notification that Department of Human Resources and Affirmative Action will contact them to arrange for a layoff information session, including details on

the University’s policy on priority re-employment
completion of necessary forms
the availability of aid in seeking other employment
eligibility to apply for unemployment insurance benefits
other benefits information for separating employees
the right of permanent employees to appeal the layoff through the Grievance Policy

At the request of the affected employee, University Staff Council will receive both the at-risk and layoff notices when distributed to employees. At any time during the notification of layoff period and with mutual agreement of the employee and appointing authority, a lateral movement or demotion to a different position within the University may be made outside of a recruitment process.

D. Alternatives to Layoff

An employee may be moved to another position regardless of being designated in layoff status. The employee shall receive written notice as to why he/she is being moved. Involuntary employee movements are not meant to circumvent the recruitment process and should only be used to avoid a reduction in force. The employee may choose not to accept the involuntary reassignment and as a result be laid off. If the employee accepts the involuntary reassignment, the employee’s rate of pay and applicable benefits will not decrease if the movement is lateral; however, the rate of pay may be adjusted with a downward or upward movement.

E. Employee Benefits upon Layoff

Employees enrolled in State Group Health Insurance at the time of layoff are eligible to continue coverage under the group plan following the layoff date. The employee’s coverage will continue through the month in which premiums are paid and the employer contribution towards the health insurance premium is paid for an additional three (3) months. The employee must pay his/her share of the health insurance premium during these months to maintain coverage. The employee may pay the premium through payroll deduction, personal check, or converted sick leave credits. UW System employees who terminate due to layoff are eligible for the conversion of their sick leave credits to pay for State Group Health Insurance provided eligibility requirements are met under the Accumulated Sick Leave Conversion Credit (ASLCC) and Supplemental Health Insurance Conversion Credit (SHICC) programs as outlined in Wis. Stat. §§ 40.05(4)(b) and 40.95.

Health insurance premiums are paid from sick leave credits until the earliest of the following events:

The credits are exhausted;
The first of the month following the begin date of other employment offering comparable health insurance coverage;
Five (5) years have elapsed from the date of layoff (no time restriction if the employee has over 20 years of WRS creditable service at time of layoff); or
The employee dies. If the employee dies, the employee’s eligible survivors can continue to use remaining sick leave credits to pay for health insurance.

Coverage under all other benefit plans ends according to the normal termination rules of the plan.

F. Consideration for Vacant Positions-within UW System

An employee who is or will be affected by a layoff may request, in accordance with the hiring authority’s requirements, to be considered for other vacancies within the UW System. Such consideration does not guarantee an interview or mandatory job offer. Every effort will be made to maintain active positions for employees so long as this effort does not adversely affect the operational area’s budget or impede the area’s ability to fulfill its mission. A laid off employee may apply for vacant positions in the same manner as a current employee for a period of three (3) years from the date of layoff.

G. Three-Year Restriction on Rehiring for Duties of Laid Off Employee

For three (3) years from the anniversary of the layoff, no person may be employed in a position with an expectation of continued employment in that operational area to perform duties reasonably comparable to the duties of the laid off employee, without first making an offer of return to the laid off employee. An employee’s failure to accept such an offer of return shall terminate the rights under this section.

As determined by the appointing authority, an offer of appointment is considered reasonable if it meets all of the following five (5) conditions as of the date of the offer:

The position is one that the employee would be qualified to perform after customary orientation provided to new workers in the position.
The position is the highest-level position available within the agency to which the employee could either transfer or demote.
The work hours required are the same as those previously worked; both in number and shift.
The position is located at a worksite that is within reasonable proximity of the original worksite.
The pay range of the position offered is no more than three (3) pay ranges lower than the pay range of the position from which the employee was laid off.

NOTE: Some positions that meet each of the five conditions above may become unreasonable due to exceptional circumstance.

Section 19: UW-Stevens Point UPS Operational Policy - GEN 14, Grievance Procedures

Original Issue Date: July 1, 2015

Last Revision Date: April 20, 2017

1. Policy Purpose

To establish a grievance procedure as a problem solving mechanism for University Staff with an expectation of continued employment who wish to appeal working conditions, discipline, layoff or dismissal.

2. Background

The UW-Stevens Point grievance policy establishes a dispute resolution process for university staff. UW-Stevens Point has developed formal grievance procedures in accordance with Wis. Stat. § 36.115(4) (which requires the Board of Regents to develop personnel systems that are separate and distinct from the personnel systems under Wis. Stat. Chapter 230), and with UPS Operational Policy: GEN 14. Effective July 1, 2015, the grievance procedures found at Chapter ER 46 of the Wisconsin Administrative Code and any procedures established by the Office of State Employment Relations are no longer applicable to current UW System University Staff employees. Therefore, this policy and these procedures provide grievance procedures for University Staff employees that hold positions with an expectation of continued employment at UW-Stevens Point.

3. Definitions

Chancellor’s designee: an administrative officer with the authority to hear and adjust personnel and policy actions when they have been grieved through this policy. At UW-Stevens Point, the Chancellor’s designee for University Staff grievances is the Director of Human Resources and Affirmative Action.

Discipline: any action taken by UW-Stevens Point with respect to a University Staff member with an expectation of continued employment, which has the effect, in whole or in part, of a correction of undesirable behavior.

Disciplinary actions: include written reprimands, suspension, demotion and reduction in base pay.

Dismissal: separation from employment for disciplinary or performance reasons.

Grievance procedure: the process through which certain working conditions, discipline, or dismissal of a UW System university staff member can be appealed. All university staff with an expectation of continued employment at UW-Stevens Point are eligible to file a grievance through this provision.

Impartial Hearing Officer: a grievance review committee (University Staff Grievance Subcommittee) established through the University Staff Council, an arbitrator from a roster developed by UW System Administration of arbitrators, an arbitrator from the Wisconsin Employment Relations. Commission (WERC) roster of neutral decision makers not employed by the WERC or an arbitrator employed by the Wisconsin Employment Relations Commission.

Just Cause: a standard that is applied to determine the appropriateness of a disciplinary action. The elements of determining whether just cause exists include:

Whether the employee had notice of reasonable workplace expectations and the potential consequences if those expectations were not met;
Whether a full, fair and complete investigation was undertaken by the employer before discipline or discharge to determine whether the employee violated expectations;
Whether the employer obtained substantial evidence of the employee’s guilt;
Whether workplace expectations were applied equitably and without discrimination; and
Whether the degree of discipline imposed was reasonably related to the seriousness of the employee’s offense and the employee’s past record.

Layoff: separation from employment for reasons of budget or due to the discontinuance, curtailment, modification, or reduction of a program.

University Staff: are members of the university workforce that contribute in a broad array of positions in support of the university’s mission and are not exempt (e.g. hourly) ¹ from the overtime provisions of the Fair Labor Standards Act (FLSA).

University Staff Grievance Subcommittee: is a standing subcommittee of the University Staff Council, consisting of one elected representative from each employee group represented on the University Staff Council (i.e., Academic Affairs Division, Business Affairs Division, Student Affairs Division, and at-large), and one appointed representative from the Department of Human Resources and Affirmative Action. Three additional members shall carry “replacement status” for hearing grievances in the event of an absence or conflict of interest of on the standing subcommittee members. Service on the University Staff Grievance Subcommittee will be conducted without loss of pay and subcommittee members will be released from their regular duties to participate.

[¹Note: All FLSA exempt employees holding positions in the State of Wisconsin classified service as of June 30, 2015 are given the choice to remain in the University Staff for as long as they retain their existing positions, or to be voluntarily reassigned to a position that UW- Stevens Point has designated as either an Academic Staff or Limited Appointment position - see UPS Operational Policy TR 3]

4. Grievable Subjects

University staff with an expectation of continued employment may file a formal grievance contesting layoffs and disciplinary actions if the employee alleges that the action was taken without just cause. These grievances may be moved through the steps of the grievance procedure as follows:

Layoffs may be grieved only through Step Two (A or B) of the grievance procedure. Written reprimands may be grieved only through Step One of the grievance procedure. Other disciplinary actions may be grieved only through Step Two of the grievance procedure. Dismissals may be grieved beginning at Step Two A or B, and Step Two A grievances may be processed through Step Three of the grievance procedure.
University staff may file a formal grievance regarding working conditions if the employee alleges that the employer failed to comply with an applicable policy, rule, or procedure. Such a grievance may allege that the University failed to provide safe working conditions. Grievances regarding working conditions may be grieved through Step One of the grievance procedure.

5. Non-Grievable Subjects

Actions not grievable under this policy include the following:

Verbal warning or verbal reprimand
Termination of an appointment for temporary employment
Release from probation
Performance evaluations
Any matter alleging sexual harassment or matters alleging harassment and/or discrimination on the basis of protected class (e.g. age, race, creed, color, sex, marital status, disability, sexual orientation, national origin, or arrest and conviction record) whose complaints are appropriate for the procedures of the UW-Stevens Point Department of Human Resources and Affirmative Action, and other state and federal laws.
Activities falling under management rights are not grievable. Management rights include, but are not limited to:

Utilizing personnel, methods, and means in the most appropriate and efficient manner possible as determined by management
Managing and directing employees
Determining the size and composition of the work force
Determining the content of written policies and procedures
Managing the job evaluation system, which includes position classification, the establishment of position qualification standards, and the allocation of positions to classifications.
Hiring, promotions, assigning or returning employees
Establishing reasonable work expectations

6. Right to Representation

University staff employees have the right to representation at any meeting, including a hearing, if an employee reasonably believes that the meeting could lead to discipline. If appropriate notice is provided to the employer, employees and their representatives are permitted a reasonable amount of time to investigate and prepare a grievance without loss of pay. The representative has the right to observe and take notes. They have a limited right to speak but can serve as an advisor to the employee including repeating certain points stated by employee, explaining significance of points made by the employee, and speaking about practices at the work site. The representative has no right to speak for the employee in response to questions.

7. Grievance Procedure

Prior to filing a formal grievance, university staff employees are encouraged to first seek resolution of their grievances through informal discussions with their immediate supervisors, and/or the UW- Stevens Point Corrective Process (see Disciplinary Procedures and Corrective Process at http://www.uwsp.edu/hr/Pages/Employee%20Relations/Forms-Policies.aspx). The Department of Human Resources and Affirmative Action may serve as a resource to mediating a resolution. If such a discussion does not resolve the matter, an employee may file a formal grievance following the procedures set forth in this policy.

University Staff serving a probationary period do not have the right to file grievances on layoff or release from probation.

Discipline or dismissal of a University Staff member with an expectation of continued employment may be imposed only for just cause.

The University Staff Grievance Subcommittee will be provided with copies of letters of discipline issued to University Staff employees.

Grievances shall be submitted on a form provided by the employer. Only one subject matter may be covered in any one grievance. Each grievance shall describe the facts upon which the grievance is based and the relief sought by the employee.

The employee and the appropriate grievance step respondent may agree in writing to extend the time limits in any step of the grievance procedure. Parties are strongly encouraged to resolve situations prior to a grievance being filed, but upon filing, parties are encouraged to resolve grievances at early stages of grievance procedures.

UW-Stevens Point is prohibited from retaliating against a grievant for filing a grievance or against a representative or witness who participates, or is scheduled to participate, in grievance proceedings.

At any stage of the process, the employee may choose to submit a written statement in lieu of participating in a grievance hearing. The written statement will be considered in the same manner as an in-person hearing.

The grievant has the burden of proving his/her case by a preponderance of the evidence, except in the case of a discipline or dismissal, for which the University will have the burden of proving just cause by a preponderance of the evidence.

If an employee fails to observe any grievance procedures time limits, the grievance will be considered resolved. Time limits may be extended only by mutual agreement between the grievant and a UW- Stevens Point management designee.

Grievances shall be pursued in accordance with the following steps and time limits. Working condition and written reprimand grievances may be processed through Step One only. Layoff and discipline grievances will begin at Step One and may proceed no further than Step Two. Dismissal appeals will begin at Step Two, as outlined below, and may proceed to Step Three.

	STEP ONE	STEP TWO		STEP THREE
		Step 2A	Step 2B (employed as of June 30, 2015)
Working Conditions	X
Written Reprimand	X
Other Discipline	X	X	X
Layoff	X	X	X
Dismissal		X	X	X

Step One:

If informal attempts to resolve a matter through discussion between an employee and supervisor are not successful, a grievance may be filed. Grievances shall be filed with the employee’s supervisor or with an HR representative no later than thirty (30) calendar days from the date the grievant first became aware, or should have become aware (with the exercise of reasonable diligence), of the matter grieved. Grievances shall be submitted on the UW-Stevens Point Employee Grievance Report (Attachment 1). Each grievance shall describe the facts upon which the grievance is based and the relief sought. Within thirty (30) calendar days of receipt of the written grievance, the respective university officer, or another appropriate management designee, will meet with the grievant to hear the grievance. The grievant shall receive a written decision no later than seven (7) calendar days after this meeting. If the subject of the grievance is not discipline or layoff, there will be no further opportunity for appeal.

Step Two A (Standard Procedure):

When an employee has filed a grievance alleging that a discipline decision (not including written reprimands) was not based on just cause and is dissatisfied with the Step One decision, the employee may appeal the decision to an impartial hearing officer. To file at Step Two A, the grievant must inform the Department of Human Resources and Affirmative Action of his or her desire to appeal within ten (10) calendar days from receipt of the answer in Step One. The Department of Human Resources and Affirmative Action will review the options for an impartial hearing officer with the employee. The employee must select which impartial hearing officer will hear the case at the time the appeal is filed. The arbitration fee, if applicable, shall be split equally between the University and the employee. In the event the employee prevails, the University will pay the full arbitration fee. An appeal of a dismissal will begin at Step Two and must be filed within twenty (20) calendar days of the date of written notice of dismissal.

At issue before the impartial hearing officer will be whether just cause for the discipline or discharge exists. For cases involving layoff, the issue before the impartial hearing officer will be whether the applicable layoff procedure was followed.

The impartial hearing officer may refuse to hear a grievance for lack of timeliness or because the attempted grievance involves a non-grievable issue.

The impartial hearing officer will be charged with hearing the case within thirty (30) calendar days of the filing, and responding within fourteen (14) calendar days of the hearing. The deadlines may be extended by mutual agreement. Hearings may be recorded. The hearing shall be closed unless it is opened by mutual consent.

The impartial hearing officer will make a report and recommendations to the Chancellor or to another appropriate management designee within fourteen (14) calendar days of the hearing. Within twenty (20) calendar days of receipt of the report and recommendations, the management designee shall issue a statement accepting or rejecting the findings of the impartial hearing officer and explaining how the recommendations will be implemented.

Step Two B (Grandfathered Procedure for Certain University Staff):

An employee who held permanent status in State employment prior to July 1, 2015 and according to the provisions of Wis. Stat. § 36.115(6) retains Wisconsin Statute Chapter 230 appeal rights, instead of using the Standard Procedure may appeal a disciplinary action (suspension, demotion, or reduction in base pay), layoff or discharge using the following special procedure. Such a grievance may be appealed directly from Step One to the Chancellor’s designee within ten (10) calendar days from receipt of the answer in Step One. The Chancellor’s designee will meet with the grievant to hear the grievance within thirty (30) calendar days of the filing, and will answer within fourteen (14) calendar days of the hearing. The deadlines may be extended by mutual agreement.

The grievant shall have the right to be represented at the hearing. The hearing shall be closed unless it is opened by mutual consent.

Thereafter, if the employee is still dissatisfied with the decision as issued by the Chancellor’s designee, the employee may appeal the decision to the Wisconsin Employment Relations Commission (WERC) under Wis. Stat. § 230.44(1)(c) within thirty (30) calendar days from the date of the decision being appealed. If an appeal to WERC is filed, no further steps in the grievance process will apply. The decision of the WERC may be subject to judicial review, but no appeal to the UW Board of Regents is available.

Step Three - UW Board of Regents Review:

For cases of dismissal only, a grievant that is dissatisfied with the Step Two A (Standard Procedure) decision may appeal the decision to the UW Board of Regents. If the matter is not appealed to the Board of Regents within thirty (30) calendar days, the grievance will be considered ineligible for Board review. Upon receiving an appeal, the President of the Board shall refer the appeal to the Board of Regents Personnel Matters Review Committee. In accordance with Board of Regents Bylaws, the Committee shall conduct a review based on the record of the matter created by the impartial hearing officer and the Chancellor’s designee, and it shall prepare recommended findings and a decision, and shall transmit them to the full Board for final action. The full Board may confirm the Committee’s recommendations, the Chancellor’s designee’s decision, or it may direct a different decision. No further appeal shall be available to the parties.

UW-Stevens Point is prohibited from granting relief that is retroactive beyond thirty (30) calendar days immediately preceding the filing of the grievance at the first step. No financial award may be ordered for any employee beyond back pay and benefits actually lost.

For information about the operation of the grievance procedure or how to appeal an action, contact the Department of Human Resources and Affirmative Action at 715-346-2606.

8. Related Documents

UW-Stevens Point Corrective Process

UW-Stevens Point Disciplinary Procedures

UPS Operational Policy: GEN 14

UPS Operational Policy TR 3

Wis. Stat. § 36.115(4)

Wis. Stat. § 36.115(6)

Wis. Stat. § Chapter 230

Wis. Stat. § 230.44(1)(c)

9. Policy History

April 12, 2016: Links, contact information updated (phone number added), and formatting to align with UWSP policy formatting.

April 20, 2017: University Staff Council revisions to revise University Staff Grievance “Committee” to “Subcommittee,” clarify membership of the University Staff Grievance Subcommittee, and clarify “days” as “calendar days.”

Attachment #1

UW- Stevens Point Employee Grievance Report

Reporting form is located on page 6 in the UW System policy document, which is found at the following site: https://www.wisconsin.edu/ohrwd/download/policies/ops/gen14.pdf

Section 20: University Staff Pay Determination Policy

Original Issuance Date: October 16, 2015

Last Revision Date: December 6, 2017

1. Policy Purpose:

The purpose of this document is to present policies for determining starting pay, the hourly rate upon movement to a new position or job, promotional pay, and guidelines for setting the rate for temporary and project appointments. Policies for temporary base adjustments, salary adjustments during interim appointments, salary adjustments within a title, overtime, compensatory time, and other pay components specifically created for non-exempt University Staff are also provided.

2. Policy Background:

Past rules prohibited the University from altering/enhancing the policies for University Staff (formerly Classified Staff) so no background for the Policy exists.

3. Policy Definitions:

“University Staff- Exempt”: University Staff-Exempt are members of the University workforce that are not eligible for overtime or compensatory pay. Incumbent University Staff holding exempt positions under the Fair Labors Standards Act (FLSA) will be able to remain as University Staff category or may voluntarily choose to become Academic Staff or Limited Appointees. After July 1, 2015, exempt titles will be Academic Staff or Limited Appointees when recruiting those positions.

“University Staff- Non-Exempt”: University Staff-Non-Exempt are members of the university workforce who are not exempt (hourly) from the overtime provisions of the Fair Labor Standards Act (FLSA). “University Staff Temporary Employee”: A temporary employee can have a university staff appointment of up to 1,044 hours within a twelve-month period; the need for the position/duties is temporary in nature. (HR7) “University Staff Project Employee”: A project employee can have a university staff appointment of up to four years; the need is project-based and there is an established probable date of termination. (HR7)

“Regent Pay Plan”: The amount of state funds and /or generated funds available for salary increases for all employees in the continuing staff base budget with at least solid performance.

“Institutional base funds”: Funds that are part of its budget; not part of Board of Regents pay plan funds.

“Effective Date”: Effective date of any title change or salary adjustment will be the first pay period date after the completed paperwork is approved by Human Resources and Affirmative Action (HRAA).

“Supplemental pay plan”: Amount from institutional base funds generated or reallocated, approved and available for salary increases for any or all employees in the continuing staff base budget with at least solid performance.

“Compensatory time”: Time off the job which is earned and accrued by a non-exempt employee in lieu of immediate cash payment for overtime.

“Premium rate”: The regular hourly rate plus .5 times the regular rate paid the nonexempt employee.

“Regular base rate”: The hourly rate actually paid the non-exempt employee for all hours worked in the workweek or work period, including all remuneration for employment paid to, or on behalf of, the employee, except any payments specifically excluded from the calculation of the regular rate under the FLSA and related federal regulations.

“Work hours”: Work time as directed by the appointing authority during which an employee must be on duty and/or at a prescribed place of work.

“Compensatory Analysis/Pay Equity Study”: A study conducted by HRAA that will provide an analysis with salary and employment data for all UW-Stevens Point employees in the requested title, minimally. Additional data may be required due to job title and/or duties. The study will be done in a timely and professional manner and prior to any compensation change.

4. Important Considerations:

All pay determinations shall demonstrate a commitment to UW-Stevens Point’s Mission Statement and to maintain a comprehensive compensation program directed toward attracting, retaining and rewarding a qualified and diverse workforce while encouraging growth and development.

All hire requests must include a compensation analysis/pay equity study with salary and employment data for all UW-Stevens Point employees in the requested title, minimally. Additional data may be required due to job title and/or duties.

Equity and market adjustment requests must include a compensation analysis/pay equity study with salary employment data and the Compensation Adjustment Request Form which shall be initiated and approved by the employee’s supervisor. The paperwork may be initiated by the employee for supervisory review and approval.

Concerns regarding the administration of this policy shall be directed to HRAA.

All pay rate assignments must be approved by HRAA and by the appropriate Vice Chancellor’s office.

See UW System Operational Policies relating to compensation for additional information on compensation for University Staff employees.

5. Policy:

Starting Pay and Salary Rate upon Movement to a New Position/Job (Occurs via Recruitment)

The base pay may not be set at any rate that is less than the minimum, nor more than the maximum established pay range for the title assigned.
The hiring unit shall submit a compensation analysis and request for a salary hiring range to HRAA and the Vice Chancellor’s office if the requested base pay rate is above the minimum of the applicable pay range.

Career Progression Pay (Occurs via Title Change)

All requests for career progression title changes will go through HR with documentation including the previous and new job descriptions and narrative justifying the change. HRAA will work with the requesting department for approval.
The base pay may be set at the minimum of the new applicable pay range or an increase of 7% of employee’s current rate, whichever is higher.
If the requested base pay increase exceeds (2) as specified above, approval of the rate shall be sought by submitting a Compensation Adjustment Request Form along with a memorandum to the Director of Human Resources that justifies the requested rate.

Salary Rate for Temporary and Project Employees
University Staff Temporary Employees must be paid at least the state or federal minimum wage, whichever is greater, unless a lower wage is authorized pursuant to Section 14 of the Fair Labor Standards Act and Wis. Stat. § 104.07.

The base rate of a University Staff Temporary Employee may not exceed the established pay range maximum for the title assigned.
See the UW System UPS Operational Policies relating to temporary employees for additional information on temporary appointments.

Temporary Base Adjustments

Temporary base salary adjustments may be utilized in cases where an employee assumes temporary responsibilities. The level of the base salary adjustment should be appropriate for the new assignment as decided upon by the department manager and HRAA. Temporary base salary adjustments shall not be used when overtime (nonexempt employees) or overloads (exempt employees}, are appropriate for performing extra duties.
A temporary base salary adjustment may also be used as a mechanism to acknowledge achievement of a special qualification or job attribute that is not permanent or is seasonal. For example, a police officer may receive a temporary base salary adjustment for horseback duties since these would be performed on a seasonal basis. It is expected that in most cases, compensation for a special qualification or job attribute would be on a permanent basis and would, therefore, be addressed as an adjustment meeting the requirement of merit/ exceptional performance pay.
Temporary base salary adjustments shall be sought by the supervisor submitting a Compensation Adjustment Request Form to HRAA The request shall include a thorough explanation for the request, including the expected duration of the adjustment.

Salary Adjustments for Interim Appointments

When a University Staff employee is asked to serve in an acting/interim appointment, a compensation analysis/pay equity study shall be done to ensure that, to the extent possible, the salary offered for an acting assignment does not create inequities with comparable positions at UW-Stevens Point (or other institutions in the UW System, if applicable).
When a permanent appointment is made, the acting or interim appointee can expect to be returned to his/her former position at a salary consistent with the salary the person had before assuming the acting appointment, plus any increases that the person would have received but for accepting the acting responsibility.

Non-Merit Base Adjustments within a Title

Non-Merit Reasons for Adjustments within a Title:

Adjustments for Change in Duties: If there is a substantive change in the duties and responsibilities of a filled position that does not result in a title change, a salary adjustment may be requested.
Adjustments for Retention: This adjustment may be used when the employing department is aware that the employee is actively seeking other employment and the resultant loss of the employee’s knowledge and experience would be a detriment to the department, division, or campus.
Counter Offer Adjustments: This adjustment reflects a salary increase necessary to retain a person who has received an outside offer of employment.
Equity Adjustments: This adjustment may be used when the employee’s salary has been determined to be lower than that of other UW System employees performing the same or similar duties at the same level of proficiency and who have comparable years of experience. May also be used if there is significant pay compression between the employee and his/her immediate subordinates; or established labor market data identifies a need to award market adjustments in order to achieve equity with external public/private employers.

Requirements for Non-Merit Adjustments

Non-merit salary base adjustments shall be sought by submitting a Compensation Adjustment Request Form to HRAA.
A compensation analysis/pay equity study with salary and employment data for all UW-Stevens Point employees, minimally, in the requested title will be required for equity adjustment requests.
HRAA will forward the requests for increase to the appropriate Vice Chancellor’s office for final approval.
All non-merit base adjustments are subject to the minimum and maximum of the applicable pay range.
Additional data may be required due to job title and/or duties.

Merit Adjustments

Merit adjustments allow for recognition of an employee’s superior or meritorious service. These adjustments will typically be base building adjustments. Relevant factors that can be considered, but not limited to, include:

Length, frequency and consistency of superior performance
Regularity with which outstanding contributions or service are demonstrated
Overall significance or importance of the employee’s work to the department, division, or campus
Educational attainment, i.e. degree, continuing education credits, licensure, credentialing (may also be justification for career progression)
Unique skill set which contributes positively to the department and UW-Stevens Point as a whole.

Required Documentation for Merit Adjustments

Merit adjustments shall be sought by submitting a Compensation Adjustment Request Form to HRAA.
The request shall include a thorough justification for the base adjustment that specifically addresses at least one of the relevant merit factors listed above.
The most recent annual performance evaluation must be included with the submitted request form.
Additional data may be required due to job title and/or duties.
HRAA will forward the requests for increase to the appropriate Vice Chancellor’s office for final approval.
Additional documentation requirements for merit adjustments are provided on the Compensation Adjustment Request Form and are subject to the minimum and maximum of the applicable pay range.

Lump Sum Payments
Lump sum payments may be awarded in specific circumstances and the explanation will be in writing when submitting the Compensation Adjustment Request Form. These will usually apply to exempt employees but not inclusive to them. Examples might be:

Completing a one-time project
Performing tasks outside your regular job duties
Sporadic, unexpected duties

Miscellaneous Salary Adjustments/Payments

Salary upon demotion: Salary shall be reviewed by HRAA and the new supervisor and will be determined based upon the nature of the demotion and the new job expectations. The salary will be subject to the minimum and maximum pay range of the position being demoted to.
Overload Payments: University Exempt employees are eligible to receive overload payments where, with the consent of the employee and approval of the chancellor or designee, substantial additional work requirements beyond and unrelated to the normal existing duties of current position of a full-time employee creating a workload in excess of 100% of the employee’s time and the performance of these additional duties are unusual, short-time or nonrecurring in nature. If a staff member is not full-time, additional compensation is not considered an overload.

Overtime

Fair Labor Standards Act (FLSA) nonexempt employees must be paid at a premium rate or receive compensatory time credits at a rate of 1.5 hours per hour worked, for each hour worked in excess of 40 hours in a workweek. Hours worked do not include hours of paid leave.
Except for rare, unforeseen circumstances in which case approval needs to be obtained as soon as possible, all overtime work must be approved by the designated appointing authority or administrator in advance of the hours being worked.
Payment of overtime at a premium rate shall be paid in addition to the premium rate paid for work performed on a legal holiday during the same workweek.

Compensatory Time

The FLSA provides public employers the option of providing employees with compensatory time (comp time) off in lieu of cash for overtime so long as the employee has received notice of the comp time option.
FLSA nonexempt employees and exempt employees in law enforcement are permitted to accumulate up to 80 hours of compensatory time. Comp time for FLSA non-exempt employees accrues at one and one half times for each hour worked over 40 in a week. Any hours worked by FLSA non-exempt employees that exceed the 80-hour limit shall be paid in cash at the premium rate.
Except for FLSA exempt staff in law enforcement positions, compensatory time may only be earned by FLSA exempt staff in exceptional and limited situations, and only when preapproved. When such comp time is granted, it shall accrue at the regular rate.
UW System employees must use accrued compensatory time no later than four months after the end of the calendar year in which the comp time was earned. Any comp time unused by April 30th of the following calendar year will be converted to cash payment and included in the earnings for the May A pay period (the pay period that includes May 1st).
The appointing authority has discretion to approve scheduled use of compensatory time earned in lieu of cash payment for overtime hours.
For more information on compensatory time, please see the UW System Compensatory Time Policy.

Additional Pay Components for FLSA Non-Exempt University Staff

Night Differential: Forty-five cents ($0.45) per hour for all hours worked between the hours of 6:00 p.m. and 6:00 a.m.
Weekend Differential: Sixty cents ($0.60} per hour for all weekend hours worked (i.e., work hours between the hours of 12:01 a.m. on Saturday and 12:00 midnight on Sunday).
Legal Holiday Premium: Compensatory time off or payment at the premium rate will be granted for hours worked on days identified as legal holidays in UPS Operational Policy BN 2, Personal Holiday & Legal Holiday.
Standby Pay: When an employee is required by the institution’s administrators to be available for work and able to report to work in less than one hour, the employee will receive $2.25 for each hour in standby status.
Call-Back/Call-In Pay: A minimum of two hours pay is guaranteed when an employee is called back for duty or called in on the employee’s day off.
Calls at Home: If the Employer contacts the employee at home for the purpose of discussing job-related business, the employee shall be credited with work time for all such calls. In no case shall the employee receive less than a single one-half (1/2) hour credit per day for such calls under this section. Examples of job-related business calls include calls regarding specific patient treatment procedures, questions regarding operation of equipment, clarification of instructions, and repair procedures. Examples of non-job-related business calls include calls made to call an employee back to work, availability for overtime, and scheduling changes.

6. Related Documents:

UW-Stevens Point Mission Statement
UW System Operational Policy TC 3
UW System Operational Policies
UW System Compensatory Time Policy
Compensation Adjustment Request Form

7. Policy History

The definition of effective date was revised 12/6/2017 Common Council.

Section 21: Employee Performance Management

UW-Stevens Point

UPS Operational Policy - HR 5

SUBJECT: Employee Performance Management

Original Issue Date:

Last Revision Date:

1. Policy Purpose

The purpose of this policy is to provide a framework for the process fostering continued performance improvement and development of university employees. A performance management program provides employees with clear objectives, ongoing and valuable feedback, professional development, and recognition for work well done, which improves the institution.

Standardized performance management systems for performance and merit based compensation changes will be in alignment with this policy.

This policy applies to full- or part-time non-instructional Academic Staff (Categories A and C) and University Staff (including temporary employees), Limited Appointees, and Faculty members who supervise non-faculty individuals. This policy does not govern the evaluation of Faculty, Academic Staff B, or student employees.

Although this policy does not provide requirements for all employee categories, these guidelines are best practices and are therefore encouraged for every employee, regardless of category.

2.Background

Regent Policy Document 20-20 adopted September 6, 2013 and Wisconsin Statute Chapter 36.09 (4m) provide university and academic staff the primary responsibility for formulations and review, representation in the development of all policies and procedures concerning university and academic staff members, including university and academic staff personnel matters.

Wis. Stat. § 230.37 and Wis. Admin. Code§ ER 45.03 require performance evaluations for university staff.

UWSP Chapter 4B personnel rules, section 5 provided foundational evaluation policy and procedures. This policy supersedes the Evaluation of Category A and C Academic Staff section.

Effective July 1, 2015, UW System UPS Operational Policy-HR 5 provides a foundational framework for the performance management program for all UW System employees.

3. Definitions

General Performance Management Terms:

Coaching: The process in which an individual provides guidance to an employee for the purposes of professional development.

Competencies: The skills, knowledge, and experience needed to excel in the position.

Development: Growth and improvement.

Improvement: The act or process of making something better; enhancing value or excellence.

Policy Terms:

Ongoing appointment: An appointment at UW-Stevens Point for an annual or academic year term, or a temporary or project appointment [regardless of appointment length] may be renewed.

Performance review: A formal process of identifying, measuring, and developing job-related employee performance.

Performance management: A continual process of establishing employee expectations, ongoing coaching and feedback, and measuring outcomes in the formal performance review of employees.

Performance management model: A tool used by the institution to evaluate and document past performance, future goals/objectives, and projected improvements.

Performance management program: A program to create and support the performance management process.

4. Policy

All UW-Stevens Point employees, other than employees-in-training and student hourly employees will participate in the performance management process. This policy provides the framework for the process that will foster continued improvement in the work performance of UW-Stevens Point employees and serve as a component in the determination of merit-based salary adjustments and career progressions (promotion/rank/reclassification) for eligible employees.

The UW-Stevens Point performance management program will ensure:

All supervisors are adequately trained to evaluate performance and are held accountable for providing performance evaluations;
Individuals holding an ongoing appointment (reference this policy’s definition) shall receive a formal annual performance review;
Employees are provided clear expectations for the work they perform;
Employees receive ongoing information about how effectively they are meeting expectations;
Merit increases are consistent with employee performance;
Opportunities for employee development are identified and provided;
Employee performance which does not meet expectations is addressed;
Management evaluates employees in a fair and consistent manner.

5. Foundational Program Requirements:

A. Foundational Performance Management Program

Each individual’s performance management program, performance, and review is based on criteria and standards that reflect the unique requirements of each position;

As appropriate, this includes service and professional development

Performance management model(s) will have a numeric rating scale and if more than one model is available, the number rating scales will be the same for all models.
Supplemental feedback is gathered during an individual’s second (2nd) and fifth (5th) year after beginning a new position. Thereafter, the supplemental review is done at the discretion of the employee, supervisor, or Human Resources and Affirmative Action (HRAA).

The information is gathered in preparation for the formal annual review, discussed during the performance review conversation, and submitted with the annual performance review materials.

Individuals who supervise (oversees work, has hiring/promoting/firing authority, etc.) non-instructional staff will have leadership and management competencies and/or goals within their performance management plan and will be reviewed on such performance.

B. Foundational Employee Responsibilities

Following the current University performance management program:

Clearly communicate to your direct supervisor about how you would like to develop and/or improve;
Understand the skills, knowledge, and experience needed to excel in your current position and aspired position(s) (career planning), as appropriate;
Receive feedback and take the initiative to optimize your performance;
Seek learning opportunities and experiences aligning with departmental/institutional needs and career growth plans;
Contact HRAA for development and career planning, as needed.

C. Foundational Supervisor Responsibilities

Following the current University performance management program:

Understand the skills, knowledge, and experience needed to excel in each of your department’s positions;
Work collaboratively with employees to provide and ensure objectives, expectations, and goals are clear and understood;
Provide feedback (both positive and constructive) in a timely, respectful manner;
Become a coach to your employees to help them realize their full potential;
Identify development needs and provide support and resources for growth;
Ensure completion and submission of all direct reports’ performance reviews to the appropriate administrative office for employees’ personnel files in accordance with this policy and the associated performance management program;
Contact HRAA for guidance, coaching, and training to increase your management/leadership skills, knowledge, and abilities.

D. HRAA Responsibilities

Create and support all aspects of the performance management program to ensure it aligns with the University’s mission, vision, and long-term strategic goals;
Provide performance management training and guidance for all employees;
Collaborate and inform appropriate governance groups when significant procedural or policy changes are proposed

This policy will be reviewed by a joint Ad Hoc Committee consisting of University Staff and Academic Staff Council in collaboration with HRAA on a regular basis, at a minimum of every 4 years and recommend modifications as needed. HRAA will continually accept feedback for the performance management program and update as appropriate to ensure its effectiveness.

E. Performance Management Disputes

Employees have the right to respond to their supervisor’s performance evaluation in writing. The response will be included in the employee’s personnel folder. Disagreements about an employee’s performance management plan should be discussed with the employee’s direct supervisor. If resolution between the employee and supervisor cannot be reached, the employee can contact HRAA for guidance.
Disagreements about a performance management program, including the degree of formality or informality in which a program may be applied, are not subject to the Grievance Procedure. Any such disagreements should be addressed in consultation between the employee, the employee’s direct supervisor, and HRAA.
This policy does not impact or alter already existing grievance policy or procedures.

For grievance guidance, contact HRAA or the appropriate shared governance committee(s).

F. Relationship Between Performance Management and Salary Increases

The result of the performance evaluation is a critical component in determining salary increases both as part of and outside the UW System pay plan. Examples of salary increases outside of pay plan are performance based increases, retention, and promotion. For a complete list of examples, see UW-Stevens Point Pay Determination Policy for more information.

6. Related Documents

Regent Policy Document 20-20
UW-Stevens Point Mission Statement
UW System UPS Operational Policy: HR 5 - Employee Performance Management
UW System UPS Operational Policy: TC 4 - UWS Pay Plan Distribution Guidelines
Wis. Admin. Code§ ER 45.03
Wisconsin Statute Chapter 36.09 (4m)
Wis. Stat. § 230.37