Human Resources

Voluntary and Involuntary Separation of Employment

Section: Human Resources Policies
Policy Name:

Voluntary and Involuntary Separation of Employment
Policy Owner: Executive Vice President
Responsible University Office: Office of Human Resources
Origination Date: January 2023
Revisions:
  1. SCOPE OF POLICYThis policy applies to all full and part-time exempt and non-exempt benefitted employees, as well as part-time hourly employees, except those in positions covered by collective bargaining agreements between the University and the following representatives: AFSCME, Local 439; AFSCME, Local 3472; AAUP, University of Delaware Chapter.
  2. DEFINITIONS
    1. Evaluation Period: Evaluation Period: Exempt and Non-Exempt Staff policy.
    2. Exempt Employee: An employee who is exempt from overtime requirements under the Fair Labor Standards Act.
    3. Involuntary Termination: A separation initiated by the University.
    4. Manager: The individual responsible for supervision of the employee.
    5. Non-Exempt Employee: An employee who is subject to overtime requirements under the Fair Labor Standards Act.
    6. Notice Period (Voluntary Separation): The period of time between when the employee provides notice they are separating, through the employee’s last day of employment. The notice period may be a working or nonworking period.
    7. Notice Period (Involuntary Termination): The period of time between when the University provides notice of termination, through the employee’s last day of employment. The notice period may be a working or nonworking period.
    8. Part-Time Hourly Employee: A Student worker or Miscellaneous Wage employee.
    9. Reduction in Workforce: The termination of any number of exempt, non-exempt or part-time hourly employees due to budget constraints or the reorganization of a department or administrative unit that results in position eliminations expected to last more than 30 days.
    10. Resignation: Voluntary separation where an employee does not meet the age and service criteria to retain University benefits after their separation.
    11. Retirement: Voluntary separation where an employee meets the age and service criteria to retain University benefits after their separation.
    12. Termination for Cause: Separation of employment for a reason that involves willful misconduct.
    13. Termination not for Cause: Separation of employment for a reason that does not involve willful misconduct and is not a reduction in force.
    14. Voluntary Separation: A separation initiated by an employee.
    15. Written Notice: An email or other form of written communication.
  3. POLICY STATEMENTEmployment by the University is at-will. Nothing in this policy changes the at-will status of exempt, non-exempt and part-time hourly employees. The University may terminate employees with or without cause in accordance with the notice periods set forth in this policy. Employees are expected to provide advance notice to the University for a voluntary separation.

    This policy limits the use of accrued, unused paid leave time during a notice period for both a voluntary and an involuntary separation.

  4. POLICY STANDARDS AND PROCEDURES
    1. Voluntary Separations
      1. An employee may decide to end their employment with the University at any time by notifying their department manager.
      2. Resignation and Retirement Notice Requirements
        1. Exempt and Non-Exempt Employees
          1. Exempt and non-exempt employees are expected to provide advance notice of at least two (2) weeks when voluntarily separating from employment through resignation or retirement. Longer notice is appreciated when the position requires supervisory or special skills. Failure to provide at least two (2) weeks’ notice may result in the employee being deemed ineligible for reemployment at the University.
          2. Exempt and non-exempt employees are required to provide written notice to their manager to indicate their intent to resign or retire. The written notice should be dated, signed by the employee, and state the employee’s anticipated last day of employment.
          3. The University reserves the right to relieve employees of their employment responsibilities during their resignation notice period, and either take accrued, unused paid leave time or change the notice period. Managers should consult with their HR Partner in such situations.
        2. Part-Time Hourly Employees
          1. Employees should provide written notice to indicate their intent to resign.
          2. Advanced notice of a resignation is appreciated, but not required.
        3.  Managers
          1. Upon receipt of a resignation or retirement written notice from an employee, the employee’s manager should acknowledge and accept the resignation, in writing, indicating the date the resignation written notice was received and the employee’s last day of employment.
          2. If after providing verbal notice to a manager, an employee fails to provide a resignation or retirement written notice, the employee’s manager should request a written notice from the employee. In the event written notice is still not received, the manager should email the employee to memorialize the notice conversation and include key points of the notice discussion indicating the date the employee provided verbal notice and the employee’s last day of employment.
          3. Managers must notify their HR contact of the resignation or retirement as soon as possible.
      3. Use of accrued, unused paid leave time during the voluntary resignation or retirement notice period
        1. Employees should work through their resignation/retirement notice period, including their last day of employment. Use of accrued, unused paid leave time should not be taken during the resignation/retirement notice period.
        2. Use of accrued, unused paid leave time during the resignation or retirement notice period may be approved under the following circumstances:
          1. The employee is unable to return to work due to an approved leave of absence, such as workers’ compensation, FMLA, paid parental leave, personal leave or sick leave.
          2. If the employee is in good standing, the department may approve use of paid leave time during the notice period as follows:
            1. Up to two weeks during the notice period for a resignation or a retirement.
            2. Supervisors must consult with the Department of Employee & Labor Relations before authorizing the use of any unused, accrued paid leave time during a resignation or retirement notice period in excess of the limits set forth in Section IV.A.3.B.
      4. The employee will be paid out for any accrued, unused vacation time up to the maximum allowed by the Vacation Accrual and Use policy in their final paycheck.
      5. System and One Card accesses will be deactivated as soon as the employee is no longer working. Retirees may retain a UD email account.
      6. Employees are required to return all UD equipment to their manager on or before their last day of employment. This includes, but is not limited to technology, keys, UDID (except for eligible retirees), cell phones, procurement cards, and any other UD property.
    2. Involuntary Termination of Employment
      1. The University may terminate the employment of any individual for any reason or no reason consistent with the notice provisions set forth below. The Department of Employee & Labor Relations must approve any involuntary termination or reduction in force for exempt and non-exempt employees. The Department of Employee & Labor Relations is available for consultation, but is not required to approve, terminations or reductions in force for part-time hourly employees.
      2. Involuntary terminations not for cause
        1. An employee should cease working immediately upon notice of their termination.
        2. Exempt employees
          1. During the first two (2) years of exempt employment, the University may terminate employment upon one (1) months’ notice.
          2. After two (2) years of exempt employment, the University may terminate employment upon two (2) months’ notice.
          3. After five (5) years of exempt employment, the University may terminate employment upon three (3) months’ notice.
        3. Non-Exempt Employees: The University will provide a non-exempt employee two weeks’ notice except when the cause for termination is such that the employee cannot be permitted to remain on University premises.
        4. Part-time hourly employees: There is no notice requirement for part-time hourly employees. They will be informed with as much notice as possible but will not receive any additional compensation beyond the hours they work.
      3. Involuntary terminations for cause
        1. Terminations for cause are effective immediately for all exempt, non-exempt and part-time hourly employees. No notice will be provided.
        2. Employees terminated for cause may be deemed ineligible for reemployment at the University.
      4. Reduction in Force
        1. Whenever a reduction in workforce of more than 30 days becomes necessary, the University will make every reasonable effort to minimize the effects of a reduction in workforce on departments and employees. In the event a reduction in workforce is necessary, the department or budget unit head is responsible for deciding which functions are to be reduced or discontinued. The determination of those employees impacted shall be made in accordance with organizational requirements, skills, and experience of incumbents and length of continuous University service.
        2. Employees who continue to work for the University during the notice period will remain in paid status. In instances where an employee is placed in a nonworking notice period, they will remain in a paid status until the end of the notice period or until the individual secures another position, whichever is sooner.
        3. Exempt employees
          1. Employees with ten (10) or more years of service, whose positions are eliminated, shall receive two (2) weeks’ notice for each year of exempt employment up to a maximum of fifty-two (52) weeks. (For example, an employee with ten (10) years of service shall receive twenty (20) weeks’ notice; an employee with thirty (30) years of service shall receive fifty-two (52) weeks’ notice).
          2. Employees with less than 10 years of exempt employment, whose positions are eliminated, will be provided with notice as follows:
            1. During the first two (2) years of exempt employment, the University will provide the employee with one (1) months’ notice.
            2. After two (2) years of exempt employment, the University will provide the employee with two (2) months’ notice.
            3. After five (5) years of exempt employment, the University will provide the employee with three (3) months’ notice.
          3. Exempt employees whose salaries are dependent on external sources of funds, such as grants, contracts or overhead from grants or contracts, may be terminated if such funding expires or becomes inadequate, without the above notice periods. However, the University will give such employees as much notice as possible.
        4. Non-Exempt Employees
          1. In departments or budget units with non-exempt employees in the initial 180-day evaluation period, reductions in workforce should be made from those employees before reductions of employees who have completed their evaluation period.
          2. Before reductions of full-time employees are considered, departments or budget unit heads will first consider the discontinuation of or reduction of hours for variable-time staff.
          3. Non-exempt employees laid off under a reduction in workforce shall be notified by their department at least 30 calendar days prior to the effective date of the layoff.
          4. Non-exempt employees laid off under this procedure shall be considered internal applicants for purposes of posting on open positions for 12 months from the effective date of the layoff, including those non-exempt employees who were still in their evaluation period. Individuals who meet the minimum requirements of the open position shall be given consideration for positions that match their knowledge skills, and abilities.
          5. Non-exempt employees laid off due to a reduction in workforce and who otherwise qualify for University payment of their employee benefits shall continue to receive the University payment in support of those benefits for a period of three months following the date of layoff.
          6. There is no notice requirement for part-time hourly employees. They will be informed with as much notice as possible but will not receive any additional compensation beyond the hours they work.
        5. Employees will be paid out for any accrued, unused vacation time up to the maximum allowed by the Vacation Accrual and Use policy.
        6. System and One Card accesses will be deactivated as soon as the employee is no longer working.
        7. Employees are required to return all UD equipment to their manager within seven days of their last day of employment. This includes, but is not limited to, technology, keys, UDID (except for eligible retirees), cell phones, procurement cards, and any other UD property.