 | Board of Visitors minutes June 14, 1996 |  |
POLICY STATEMENT GOVERNING THE
EXERCISE OF MEDICAL CENTER
PERSONNEL AUTONOMY
Attachment D
THE RECTOR AND VISITORS OF THE
UNIVERSITY OF VIRGINIA
POLICY STATEMENT GOVERNING THE EXERCISE OF
MEDICAL CENTER PERSONNEL AUTONOMY
| PAGE | ||
| I. | Preamble | 1 |
| II. | Definitions | 2 |
| III. | Scope and Purpose of Medical Center Personnel Policies | 2 |
| IV. | Medical Center Personnel System | 4 |
| A. Adoption and Implementation of Medical Center Personnel System | 4 | |
| B. Training in and Compliance with Applicable Provisions of Law and Board of Visitors' Personnel Policies | 5 | |
| V. | Medical Center Personnel Policies | 5 |
| A. Classification and Compensation | 6 | |
| 1. General | 6 | |
| 2. Classification Plan | 6 | |
| 3. Compensation Plan | 6 | |
| 4. Promotions | 7 | |
| 5. Wages | 7 | |
| 6. Payment of Compensation | 8 | |
| 7. Work Schedule and Workweek | 8 | |
| 8. Other Classification and Compensation Policies and Procedures | 8 | |
| B. Benefits | 8 | |
| C. Employee Relations | 9 | |
| 1. General | 9 | |
| 2. Employee Safety and Health | 9 | |
| 3. Employee Work Environment | 9 | |
| 4. Employee Recognition | 9 | |
| 5. Counseling Services | 10 | |
| 6. Unemployment Compensation | 10 |
| 7. Performance Planning and Evaluation | 10 | |
| 8. Standards of Conduct and Performance | 11 | |
| 9. State Grievance Procedure | 12 | |
| 10. Layoff Policy | 12 | |
| 11. Severance Benefits | 13 | |
| 12. Use of Alcohol and Other Drugs | 13 | |
| 13. Criminal Records Check | 14 | |
| 14. Other Employee Relations Policies and Procedures | 14 | |
| D. Leave and Release Time | 14 | |
| 1. Leave | 14 | |
| 2. Release Time | 15 | |
| 3. Leave and Release Time Programs | 15 | |
| E. Employment and Termination | 15 | |
| 1. Equal Employment Opportunity and Nondiscrimination | 15 | |
| 2. Hiring Process | 16 | |
| 3. Notice of Separation | 16 | |
| VI. | Continued Applicability of Other Provisions of the Code of Virginia and Other Board of Visitors' Polices Affecting University Personnel | 16 |
Center have been exempt from the Virginia Personnel Act. Furthermore, in 1987, the General Assembly granted the University limited personnel system autonomy for Medical Center employees who were determined by the State Department of Personnel and Training to be "health care providers." Specifically, health care providers were exempted from the Virginia Personnel Act, but they were still subject to Chapter 10.01 of Title 2.1, §2.1-116.01 et seq. of the Code of Virginia governing the State grievance procedure, and any changes in their compensation plans were subject to the review and approval of the Secretary of Education of Virginia.
Under the enabling legislation, the prior exemption for health care providers has been deleted and the provisions of the enabling legislation set forth in Part I above now apply to all Medical Center employees. Effective July 1, 1996, therefore, all Medical Center employees will be exempt from the Virginia Personnel Act and the policies and procedures of the State Department of Personnel and Training. Although there is an alternative Medical Center personnel system currently in place for health care providers, and a separate personnel system in place for general faculty, there is no personnel system in place, other than the Virginia Personnel Act and the policies and procedures of the State Department of Personnel and Training, for other Medical Center employees.
This policy statement therefore is adopted by the Board of Visitors to enable the University to develop, adopt, and have in place by July 1, 1996, a personnel system for all Medical Center employees.
IV. Medical Center Personnel System
A. Adoption and Implementation of Medical Center Personnel System
The President, acting through the Executive Vice President in consultation with the Vice President and Provost for Health Sciences, shall adopt and implement a personnel system for Medical Center employees (the "Medical Center Personnel System" or the "System") that implements and is consistent with the enabling legislation, other applicable provisions of law, these Medical Center personnel policies, and any other personnel polices adopted by the Board of Visitors for University personnel, unless Medical Center employees are specifically exempted from those other personnel policies. The University document establishing the Medical Center Personnel System shall include a delegation of personnel authority to appropriate University officials who will oversee the Medical Center Personnel System for the University, including a grant of authority to such officials to engage in further delegation of authority as the President or his designee deems appropriate.
Effective July 1, 1996, and until amended by the President or his designee consistent with these Medical Center personnel policies, the Medical Center Personnel System shall consist of the following:
1. The current alternative University personnel system for general faculty in the Medical Center, as contained in the University of Virginia Faculty Handbook (1994) and the Provost's Office
2. The current alternative University personnel system, as set forth in the University of Virginia Human Resources Policies and Procedures Manual, for (i) health care providers, and for (ii) other Medical Center employees who are not general faculty or health care providers.
B. Training in and Compliance with Applicable Provisions of Law and Board of Visitors' Personnel Policies
The President or his designee shall take all necessary and reasonable steps to assure (i) that the University officials who develop, implement and administer the Medical Center Personnel System authorized by the enabling legislation and these Medical Center personnel policies are knowledgeable regarding the requirements of the enabling legislation, other applicable provisions of law, these Medical Center personnel policies, and other applicable Board of Visitors' personnel policies affecting University personnel, and (ii) that compliance with such laws and personnel policies is achieved.
V. Medical Center Personnel Policies
Any new Medical Center Personnel System adopted by the University for the Medical Center pursuant to the enabling legislation and this policy statement, as set forth in Part IV above, shall embody the following personnel policies and principles:
A. Classification and Compensation
1. General. The System shall include classification and compensation plans that are fair and equitable to Medical Center employees and are based on the availability of Medical Center financial resources. The plans adopted by the Medical Center shall be independent of, and need not be based on, the classification and compensation plans of the Commonwealth or of the remainder of the University, subject to the review and approval by the Board of Visitors set forth in paragraph 3 below for changes in Medical Center compensation plans. The Medical Center shall provide information on its classification and compensation plans to all Medical Center employees, including notice that the Medical Center may, or may not, adopt changes in classification or compensation announced by the Commonwealth for its employees who are subject to the Virginia Personnel Act, depending on such factors as the availability to the Medical Center of the necessary financial resources to fund any such changes, and subject to the review and approval by the Board of Visitors of any changes in the Medical Center's compensation plans.
2. Classification Plan. The System shall include a classification plan for Medical Center employees that classifies positions in the Medical Center according to job responsibilities and qualifications.
3. Compensation Plan. The System shall include a compensation plan for each Medical Center employee classification or group. The System shall establish standard rates of pay for each Medical Center classification, when appropriate, including
4. Promotions. In order to encourage employees to attain the highest level positions for which they are qualified, and to compensate employees for accepting positions of increased value and responsibility, the System shall include policies and procedures governing the promotion of employees, including the effect of promotion on an employee's compensation.
5. Wages. The System shall include policies and procedures for the authorization, computation and payment of wages, where appropriate, for such premium pays as overtime, shift differential, on call, and call back, and for the payment of hourly employees.
6. Payment of Compensation. The System shall include policies and procedures for paying compensation to employees, including the establishment of a payday schedule.
7. Work Schedule and Workweek. The System shall include policies and procedures for the establishment of, and modifications to, work schedules and workweeks for all Medical Center employees, and may include alternative work schedules and sites, such as work-at-home or telecommuting policies and procedures.
8. Other Classification and Compensation Policies and Procedures. The System may include any other reasonable classification and compensation policies and procedures the President or his designee deems appropriate.
B. Benefits
The System shall provide fringe benefits to all full-time salaried employees, including retirement benefits, health care insurance, and life, disability, and accidental death and dismemberment insurance. The benefits provided shall include a basic plan of benefits for each full-time salaried employee, and may include an optional benefits plan for full-time salaried employees, including additional insurance coverage, tax deferred annuities, flexible reimbursement accounts, employee assistance programs, and employee intramural and recreational passes, with the cost of any such optional benefits plan, if any, to be paid by the employee. The System may provide different benefits plans for reasonably different groups or classifications of employees, and may provide benefits to part-time employees where appropriate. Until changed by the President or his designee,
C. Employee Relations
1. General. The System shall ensure that the needs, rights and privileges of Medical Center employees are protected consistent with sound management principles and fair employment practice law.
2. Employee Safety and Health. The System shall ensure that the Medical Center is a workplace that is safe and in compliance with applicable law and regulations.
3. Employee Work Environment. The System shall ensure that Medical Center employees are provided a work environment that is conducive to the performance of job duties, and free from intimidation or coercion, including sexual harassment or other discrimination.
4. Employee Recognition. The System may include policies and procedures for awarding, honoring, or otherwise recognizing Medical Center employees who have performed particularly meritorious service for the Medical Center, or have been employed by the Medical Center or University for specified periods of time, or have retired from the Medical Center or University after lengthy service.
5. Counseling Services. The System shall provide counseling services to any Medical Center employee experiencing job-related difficulties and seeking counseling for those difficulties, and shall establish the circumstances under which the time necessary to participate in such counseling may be charged to the employee's Medical Center leave balance or for which the employee may be granted administrative leave.
6. Unemployment Compensation. The System shall ensure that Medical Center employees receive the full unemployment compensation benefits to which they are legally entitled, and that the University's liability is limited to legitimate claims for such benefits.
7. Performance Planning and Evaluation. The System shall include a performance planning and evaluation process for Medical Center employees that (i) establishes a performance plan for each Medical Center employee that communicates the Medical Center's job expectations for that employee, (ii) helps develop a productive working relationship between supervisors and employees, (iii) gives employees an opportunity to present their views concerning their performance, (iv) identifies areas where employees may need further training or development, (v) establishes the process by which periodic performance planning and performance evaluation will be conducted, (vi) clarifies how performance that exceeds expectations will be recognized and how performance that is below expectations will be addressed, including the relationship between the performance planning and evaluation process and the Medical Center's
8. Standards of Conduct and Performance. In order to protect the well-being and rights of all employees and to ensure safe, efficient Medical Center operations and compliance with the law, the System shall establish rules of personal conduct and standards of acceptable work performance (collectively, the "Standards") for Medical Center employees. In general, the Standards shall serve to (i) establish a fair and objective process for correcting or treating unacceptable conduct or work performance, (ii) distinguish between less serious and more serious actions of misconduct and provide corrective action accordingly, and (iii) limit corrective action to employee conduct occurring only when employees are at work or are otherwise representing the Medical Center or the University in an official or work-related capacity, unless otherwise specifically provided in the Standards. Specifically, the Standards shall address (i) the need for timely and regular attendance at work, (ii) the need for dependable and efficient use of time by employees, (iii) the need for satisfactory work performance and the steps to be taken in response to unsatisfactory work performance, (iv) the degrees or categories of various disciplinary offenses, the range of disciplinary action available for each degree or category, the aggravating and mitigating circumstances to be considered in taking disciplinary action, and the procedures to be followed in taking that action, including the
9. State Grievance Procedure. As provided in the enabling legislation, the State grievance procedure, Chapter 10.1 of Title 2.1, § 2.1-116.01 et seq. of the Code of Virginia shall continue to apply to all Medical Center employees to the extent it was applicable prior to July 1, 1996.
10. Layoff Policy. The System shall include a layoff policy for full-time salaried Medical Center employees who lose their jobs for reasons other than their job performance or conduct, such as a reduction in force or reorganization at the Medical Center. This Medical Center layoff policy shall govern all layoff issues, including (i) whether there is a need to effect a layoff, (ii) actions to be taken prior to a layoff, (iii) notice to employees affected by a layoff, (iv) placement options within the Medical Center and within other parts of the University, (v) the preferential employment rights, if any, of various Medical Center employees, (vi) the effect of layoff on leave and service, and (vii) the policy for recalling employees.
11. Severance Benefits. The University shall adhere to the provisions of the Workforce Transition Act of 1995, Title 2.1, Chapter 10.5, § 2.1-116.20 of the Code of Virginia, with regard to Medical Center employees who are involuntarily separated for reasons unrelated to performance or conduct.
12. Use of Alcohol and Other Drugs. The System shall include policies and procedures that (i) establish and maintain a work environment at the Medical Center that is free from the adverse effect of alcohol and other drugs, (ii) are consistent with the federal Drug-Free Workplace Act of 1988 and with the University of Virginia Alcohol and Other Drugs Policy, (iii) describe the range of authorized disciplinary action, including termination where appropriate, for violations of such policies and procedures, and the process to be followed in taking such disciplinary action, (iv) provide Medical Center employees access to assistance and treatment for problems involving alcohol and other drugs, (v) provide for the circumstances under which employees are required to report certain violations of the policies and procedures to their supervisor, and the University is required to report those violations to a federal contracting or granting agency, (vi) describe the circumstances under which personnel records of actions taken under the Medical Center alcohol and other drugs policy will not be kept confidential, and (vii) provide notice to Medical Center employees of the scope and content of the Medical Center alcohol and other drugs policy. As part of this alcohol and other drugs policy, and in compliance with the federal Omnibus Transportation Employee Testing Act of 1991, the System may provide for pre-employment, reasonable suspicion, random,
13. Criminal Records Check. The System may include a process for conducting a criminal records check on applicants for full-time or part-time positions at the Medical Center, and for addressing situations where employees do not disclose a criminal conviction on their application or otherwise falsify their application with regard to information concerning prior convictions.
14. Other Employee Relations Policies and Procedures. The System may include any other reasonable employee relations policies or procedures the President or his designee deems appropriate, including, but not limited to, policies or procedures relating to orientation programs for new or re-employed Medical Center employees, an employee suggestion program, the responsibility of Medical Center employees for property placed in their charge, work breaks, inclement weather and emergencies, and employment outside the Medical Center.
D. Leave and Release Time
1. Leave. The System shall include policies and procedures regarding leave. With regard to leave, the System (i) shall provide for reasonable annual, holiday, sick (including family and maternity), compensatory, military, worker's compensation, and overtime leave, (ii) may provide for administrative leave, educational leave and other appropriate leave, (iii) shall provide for the disposition of unused leave balances when a
2. Release Time. The System may provide for release time for such matters as the donation of blood, participation in an employee assistance program and other appropriate employment-related matters.
3. Leave and Release Time Programs. The President or his designee may adopt a different leave and release time program for reasonably different groups of Medical Center employees, and may adopt a flexible leave policy for the Medical Center, such as paid-time-off, provided that the flexible policy is still reasonable with regard to the total leave granted to Medical Center employees. Until a new program is adopted by the President or his designee, however, the Medical Center shall continue to provide leave and release time to each group of Medical Center employees in accordance with the leave and release time policies and procedures applicable to that group as of June 30, 1996.
E. Employment and Termination
1. Equal Employment Opportunity and Nondiscrimination. The System shall contain policies and procedures to ensure that the employment of Medical Center employees meets all requirements of federal and state law, and of the relevant
2. Hiring Process. The System shall include policies and procedures for the recruitment, selection and hiring of Medical Center employees that are based on merit and fitness, including where appropriate a requirement for job posting, interviews, pre-employment testing, pre-employment drug testing, reference checks and criminal record checks. The System shall establish designated veterans' re-employment rights in accordance with applicable law.
3. Notice of Separation. The System shall include policies and procedures requiring reasonable notice, where appropriate, of a decision either by the employee or by the Medical Center to separate the employee's employment from the Medical Center.
VI. Continued Applicability of Other Provisions of the Code of Virginia and Other Board of Visitors' Polices Affecting University Personnel
Even though they will be exempt from the Virginia Personnel Act effective July 1, 1996, Medical Center employees who were State employees prior to that date will continue to be State employees after that date. Thus, all provisions of the Code of Virginia applicable to State employees and not specifically exempted by the enabling legislation will continue to be applicable to such Medical Center employees, including the State grievance procedure contained in Chapter 10.01 of Title 2.1, § 2.1-116.01 et
| Board of Visitors minutes June 14, 1996 | |