SUMMARY AND RECOMMENDATION SECOND READING AND ADOPTION AMENDED HR POLICIES 1, 3, 19 AND 33. Summary

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1 SUMMARY AND RECOMMENDATION SECOND READING AND ADOPTION AMENDED HR POLICIES 1, 3, 19 AND 33 Summary The NDUS Human Resource Council recommends minor edits to update or clarify several HR policies. The cabinet concurs with the HRC recommendations. HR Policy 1 is an introductory policy that includes general nondiscrimination language. HR Policy 3, relating to qualifications for employment, includes similar general language. SBHE Policy prohibits harassment and Policy mandates equal employment opportunities. Policies and were amended in recent years to add language prohibiting harassment or discrimination because of participation in lawful activities and sexual orientation. When these changes were made to Policies and 603.2, equivalent changes to introductory language in HR Policies 1 and 3 were overlooked. The recommended changes to HR Policies 1 and 3 correct this oversight and revise these policies for consistency with Policies and HR Policy 19 establishes guidelines for observance of state holidays. The recommended amendment to this policy adds language defining a holiday as an eight hour day (for a full-time employee) for the purpose of calculating entitlement to extra pay for employees required to work on a holiday. HR Policy 33 concerns continuing education benefits for NDUS employees. The recommended amendment clarifies that all benefited employees (generally, employees who work at least 20 hours per week and a minimum of 20 weeks each year) are entitled to this benefit. The SBHE approved introduction and first reading of these policies on November 4, Recommendation I recommend the SBHE adopt the following motion: That amendments to HR Policies 1, 3, 19 and 33 as shown on the attached drafts are approved on second reading and final adoption, effective immediately. William Goetz, Chancellor Date of Meeting: December 16, 2010

2 1. INTRODUCTION The institutions of the North Dakota University System are established for the people of the state. They are governed by the State Board of Higher Education whose authority derives from the state constitution Every staff employee of the institution has a part in the educational, research, and service effort of the institution. It is an effort which can best be carried out within a harmonious employer-employee relationship. As an Equal Opportunity Employer, each institution has adopted the policy of providing equal employment opportunities without discrimination to all applicants and employees regardless of race, religion, color, national origin, age, gender, physical or mental disability, or status with regard to marriage or public assistance, sexual orientation or participation in lawful activity off the employer s premises during nonworking hours. To this end each institution endeavors to provide working conditions and compensation based on fair and equitable standards An employee, or a group of employees, has the right to discuss with supervisors or other appropriate officers any condition of employment without discrimination or retaliation This manual is not intended to and does not constitute a contract between the State Board of Higher Education and its employees. None of the provisions contained herein are interpreted as contractually binding upon the State Board of Higher Education. The State Board of Higher Education retains the right to alter any or all of the terms of this manual whenever it elects to do so. Amend. Sec. 1.1, 1.2, 1.4 SBHE Minutes, June 20-21, 1991, pg Amend. Sec. 1.1, 1.2, 1.3 SBHE Minutes, March 20, 1997, pg (P:NDUS Human Resources Policies folder/hrp 01.)

3 3. QUALIFICATIONS FOR EMPLOYMENT The institution shall employ persons on the basis of merit without unlawful discrimination due to race, religion, color, national origin, age, gender, physical or mental disability, or status with regard to marriage or public assistance, sexual orientation or participation in lawful activity off the employer s premises during nonworking hours Appropriate tests may be required to evaluate qualifications of an applicant for a position After a conditional offer of employment, an applicant may be required to complete a medical statement form and may be required to have a physical examination. All such examinations shall be job related and consistent with operational necessity. Examinations will be provided at the expense of the institution. Failure to meet the physical requirements for a position may disqualify the applicant After a conditional offer of employment, applicants for positions that require a commercial driver s license or a pilot s license will be required to take a drug and alcohol test. These tests will be conducted in the manner prescribed by the Department of Transportation (DOT) or the Federal Aviation Administration (FAA), respectively. In addition, applicants must sign a written agreement authorizing former employers to release to the institution all information on the applicant s alcohol tests with a concentration result of 0.04 or greater, positive controlled substances test results, and refusals to be tested within the preceding two years. Failure to pass this test or sign the written authorization will result in a withdrawal of the offer of employment Current employees in positions that require a commercial driver s license (CDL) or a pilot s license will be required to undergo drug and alcohol testing under the following circumstances: a. reasonable suspicion; b. post-accident; c. return-to-duty following a violation of DOT or FAA drug/alcohol testing regulations; d. follow-up testing as directed by a Substance Abuse Professional (SAP); e. a random testing program. Employees who do not pass the test, or those who refuse to test, are subject to disciplinary action up to and including termination Each institution must develop a full drug and alcohol testing policy as prescribed by the DOT or FAA and distribute it to applicants for, and current employees in, positions that require a commercial driver s license or a pilot s license. Receipt

4 NDUS Human Resources Manual Section 3. Qualifications for Employment, Cont d. of this document must be acknowledged in writing by the applicant or employee Candidates who have not reached the age of eighteen are ineligible for regular employment Each person recommended for regular appointment must have an application for employment on file. Amend. Sec. 3.4 SBHE Minutes, March 13, 1987, pg Amend. Sec. 3.1, 3.4, 3.5 SBHE Minutes, June 20-21, 1991, pg Amend. Sec. 3.1, 3.3, 3.3.1, 3.3.2, 3.3.3,3.4, 3.5 SBHE Minutes, March 20, 1997, pg (P:NDUS Human Resources Policies folder/hrp- 03.)

5 19. HOLIDAYS Employees of all state institutions of higher learning shall observe the following legal holidays: New Year's Day Independence Day Martin Luther King Day Labor Day President's Day Veteran's Day Good Friday Thanksgiving Day Memorial Day Christmas Day ` Employees of state institutions of higher learning shall also observe every day appointed by the President of the United States or by the Governor of this state for a public holiday If such holiday falls on Saturday, the preceding Friday shall be the holiday or if the holiday falls on Sunday, the Monday following shall be the holiday Institution offices must be closed at twelve noon on December 24, Christmas Eve Day, which is an office closure and not a holiday; however, if December 25, Christmas Day, falls on a Saturday, institution offices must be closed all day on the preceding Friday, which is then a holiday as indicated in Section Operational units of the institution shall close or operate with a minimum staff on observed holidays. Employees who because of work schedules have a regular day off that coincides with a holiday shall have an additional day off with pay at the convenience of the institution Special religious holidays may be observed with the advance approval of the department head. Such time shall be charged to accumulated annual leave A holiday is an eight hour day for a full-time employee and a prorated part of an eight hour day for employees who work less than full-time. Amend. Sec. 19.2, 19.3, 19.4, 19.5 SBHE Minutes, June 20-21, 1991, pg Amend. Sec. 19.1, 19.3, 19.4 SBHE Minutes, March 20, 1997, pg Amend. Sec. 19.3, SBHE Minutes, June 17, (P:NDUS Human Resources Policies folder/hrp 19.)

6 33. CONTINUING EDUCATION FOR EMPLOYEES The North Dakota State Board of Higher Education encourages its employees to pursue a program of continuing education All benefited employees employed on at least a half-time basis are eligible for tuition waivers as provided under SBHE Policy 820 and may be allowed release time from their regular duties for the purpose of enrolling in one academic class per school session. Release time shall be granted so long as it does not interfere with the essential work of the institution. This education program is subject to the following: The employee must obtain initial approval from their supervisor or department head and final approval from the designated administrative official appointed by the president Release time may be granted only for the amount of time required to attend the regular class session. Field trips and outside activities are not included The employee shall not pay tuition and the student government activity fee and university/college fee for the class taken for credit or audit. (See SBHE Policy 820.4) The tuition waiver is limited to no more than three academic classes per calendar year. Amend. Sec. 33 (previously 32. Amendments and Exceptions), 33.1 June 20-21, 1991, pg Amend. Sec. 33, 33.1, 33.2, , , , SBHE Minutes, March 20, 1997, pg Amend. Sec. 33.2, SBHE Minutes, January 15, (P:NDUS Human Resources Policies folder/hrp 33.)