Please review important changes to the A/P faculty handbook, effective June 25, 2013. After you have read these changes, you must acknowledge your review in UMW Global. To do so, close this webpage , returning you to UMW Global, where you will see the ‘”Mark Complete” button. Your acknowledgment of your review is greatly appreciated.
Over the last few years, we have learned that our A/P policies regarding contract nonrenewal, annual leave payout, and discharge for cause have been imprecise and could lead to unintended results. We have researched the policies of other Virginia public institutions and worked with our Attorney General representative to make revisions to address these concerns and provide greater clarity and specificity. Newly revised provisions will become effective with the upcoming contract period beginning June 25, 2013.
In sum, here are the major changes:
- Under the new A/P Nonrenewal of Contract provision, notice periods for contract nonrenewal are supplemented by separation pay in the event notice periods are not fully met. Current A/P faculty continue to be subject to the current notice periods- 3, 6, or 12 months- based on years of service. New A/P faculty, hired on or after June 25, 2013, will be subject to shortened notice periods that are more in line with practices of other state colleges and universities.
- Under the new A/P Annual Leave pay out provision, A/P faculty who separate on June 24 are now also eligible to receive a payout of their annual leave balance. Currently, only those who separate prior to June 24 may receive a pay out of annual leave balances.
- Under the new Discharge During Term of Contract provision, there is additional language to clarify when discharge for cause is appropriate and to define the procedural due process that accompanies this personnel action.
Following is the complete text of the handbook changes:
Nonrenewal of Contract (replaces current Section G, Terms and Conditions of Employment, A/P Faculty Handbook, 2006, p.2) https://adminfinance.umw.edu/hr/files/2011/08/administrative_faculty_065.pdf
Effective June 25, 2013
Nonrenewal of Contract
Non-renewal of the employment of an A/P Faculty member may occur at the discretion of the President as s/he deems proper for the administration and operation of the University. Notice of such non-renewal will typically be provided as set forth in the chart below; however, failure to provide an A/P Faculty member with the benefit of the full notice period will not invalidate the non-renewal decision as long as the decision is made before the end of the contract term. In the event that an A/P Faculty member does not receive the benefit of the full notice period set forth below, the A/P Faculty member will be entitled to separation pay for the difference between the number of full weeks of notice provided and that to which s/he is entitled based on years of service at the University. The per week separation pay shall be calculated based on the A/P Faculty member’s annual salary multiplied by a factor of 1.20 to account for fringe benefits and divided by 52. For purposes of determining the amount of notice an A/P Faculty member actually receives, a week shall be deemed to begin on Monday and partial weeks shall not be counted.
For employees hired prior to June 25, 2013, the applicable Notice Period shall be:
Years of Service at University of Mary Washington Notice Period
Less than 1 year and up to 3 years 12 weeks
More than 3 years and up to 6 years 24 weeks
More than 6 years 52 weeks
For employees hired on June 25, 2013 or later, the applicable Notice Period shall be:
Years of Service at University of Mary Washington Notice Period
Less than 1 year and up to 3 years 6 weeks
More than 3 years and up to 6 years 12 weeks
More than 6 years 26 weeks
Annual Leave Payout (revises current Section B, Leave Polices, Annual Leave, A/P Faculty Handbook, 2006, p.19) https://adminfinance.umw.edu/hr/files/2011/08/administrative_faculty_065.pdf
Effective June 25, 2013:
A/P Faculty
Annual leave with pay is provided for vacations and personal reasons to all A/P Faculty who hold full-time positions with appointments of 12 months. A/P Faculty with contracts of less than 12 months receive a pro-rated amount of annual leave.
A/P Faculty is granted annual leave as follows based on prior state service:
1-3 years of service 15 workdays
4-6 years of service 20 workdays
After 6th year 30 workdays
A/P Faculty with contracts beginning during a fiscal year will be granted a pro-rated amount of annual leave.
Annual leave is granted in a lump sum on June 25 of each year, contingent upon the following conditions:
- For continuing A/P Faculty, any portion of annual leave not used on June 24 is forfeited. No annual leave will be carried over from one contract year to the next.
- Upon separation or retirement, A/P Faculty will be paid for unused annual leave. A/P Faculty who separate prior to June 24 will be paid a pro-rated amount of unused annual leave up to the maximum amount they are eligible to receive at that time.
- A/P Faculty who separate during a contract period and have used more annual leave than they otherwise would have earned on a pro-rated basis at that point in time will be required to reimburse the University for the pro-rated amount of leave in excess of the amount that would have been available.
A/P Faculty may schedule use of annual leave between June 25 and June 24 of the following year at a time convenient to their department. Arrangements for annual leave require the prior approval of the supervisor and should be made well in advance of the dates requested. Once approved, additional or extended leave may not be taken without the express approval of the supervisor.
Annual leave balances are maintained by the Payroll Office. The balances are calculated by days not hours. Annual leave charged should be reported in terms of days or portions thereof. A/P Faculty must complete leave slips (available from the Payroll Office) for each half-day or more of annual leave used. These slips must be completed and signed by the supervisor. The supervisor must then forward the leave slips to the Payroll Office.
Discharge During Term of Contract (replaces current Section G, Discharge During Term of Contract, A/P Faculty Handbook, 2006, p.2) https://adminfinance.umw.edu/hr/files/2011/08/administrative_faculty_065.pdf
Effective June 25, 2013
Discharge During Term of Contract
A/P faculty may be discharged for cause during the term of a contract for reasons deemed as necessary and proper for the effective administration and operation of the University. Stated causes for discharge shall include, but not be limited to any form of misconduct, violation of law or established University or Commonwealth of Virginia policy, unacceptable performance after due written notice, unethical or unlawful conduct. A/P faculty members discharged for cause are not eligible for the notice afforded to those separated due to contract nonrenewal as described in the preceding section, Nonrenewal of Contract. Discharge for cause must be precededby notice of the specific cause or causes for discharge and a reasonable opportunity to respond.