Miscellaneous
Human Resources Policies UPPS
No. 04.04.01
and Procedures Issue No. 13
Effective
Date: 11/30/2011
Review:
July 1 E2Y
01. POLICY STATEMENT
01.01 This
UPPS establishes miscellaneous Texas State University-San Marcos human resources policies and procedures that are not
specifically covered by individual UPPS's. For other human resources policies
and procedures see UPPS No. 04.04.XX series.
02. PROCEDURE
FOR ENROLLMENT AND PARTICIPATION IN ACADEMIC AND NON-ACADEMIC PROFESSIONAL
DEVELOPMENT ACTIVITIES
02.01 Professional
development activities include formal training or education activities such as
workshops, conferences, seminars, and academic courses that are designed to
enhance an individual’s personal and professional development and growth. As an
employment benefit, the university will pay or provide release time for certain
professional development activities for eligible Texas State faculty and staff
as provided below.
The
provisions of this section meet the requirements of the State Employees
Training Act of 1969 as amended.
a. Academic
professional development activity is the enrollment and participation in
college or university credit courses. Department funds may be used to pay
tuition and fees for college or university credit courses at Texas State or
other accredited institutions of higher education if (1) the course relates
directly to the employee’s current or prospective job duties in the department
and (2) the employee’s department head or other appropriate approval authority
approves both the enrollment and the payment.
b. Non-academic
professional development activity is the enrollment and participation in
professional development activities that are not college or university credit
courses. Department funds may be used to pay registration and other similar
fees, as well as appropriate travel costs, if (1) the activity relates to the
employee’s current or prospective job duties in the department and (2) the
employee’s department head approves both the enrollment in the activity and the
payment.
c. Fees
for Texas State University Credit Courses
Texas
State will pay certain but not all fees, for any of its employees enrolled in a
Texas State credit course provided the employee (1) has received permission to take
the course and (2) is a full-time regular employee at the university. Texas
State automatically pays the fees for each employee enrolled, including
individuals in the Teaching Fellow Program, and include:
1) Student
Service Fee
2) Designated
Tuition
3) Computer
Service Fee
4) Student
Publication Fee
5) Student
Center Fee
6) Bus
Fee
7) Recreational
Sports Fee
8) Library
Fee
9) Medical
Service Fee
10)International Education Fee
11)Off-Campus Course Fee
12)Advising Fee
13)ID Card Fee
14)Environmental Service Fee
15)Athletics Fee
d. Staff
Professional Development Activities
1) The
university considers time away from work during regular working hours to attend
non-academic professional development activities that are directly related to
employee’s current or prospective job duties as training time. The employee
should record this time as normal work time on his or her timesheet rather than
as personal leave.
2) Within
the limits specified below, the university considers time away from work during
regular working hours to attend academic professional development activities
(college or university credit courses) as training time if the activities are
(1) directly related to the employee’s current or prospective job duties in the
department or (2) part of a formal degree program for a bachelor’s or graduate
degree. This employee should record this time as “class release time” on the
employee’s timesheet and not as personal leave.
e. Staff
Enrollment in College or University Credit Courses
1) The university may release full-time
regular staff to take one course during regular work hours if the staff
member’s department head determines that the release will not materially affect
department operations. When he or she denies a request, the department head
will provide the staff member with written reasons for the denial.
2) Under this provision, the department
may release the full-time staff for up to three hours per week during each long
semester and six hours per week during only one summer session.
3) The three and six hour release time
limits apply to courses taken (1) on the Texas State campus, (2) at a location
off campus, (3) at another institution, and (4) online or through distance
learning. The employee must make up any time taken in excess of the allotted
release time limits, including travel time to and from the classroom, by
working additional hours in the same week or taking leave from an appropriate
leave category.
4) The department head must approve
course attendance, in writing, on the Enrollment in Academic Courses and Tuition/Fee Payment
Request form
(available on the Human Resources Web site) and forward it to Human Resources
before the staff member attends any course under this provision. Human
Resources will place the approval in the staff member’s personnel file.
5) Staff members may take additional
courses outside regular working hours, provided that attendance does not create
a conflict of commitment to render full-time service to the university.
6) The staff member’s department head has
the sole authority to approve requests to attend any professional development
activity during work hours and to determine if time taken to attend such a
course is training time.
7) Employees attending a professional
development activity must work additional hours in the same week or charge
their leave to an appropriate leave category if that activity is (1) not
directly related to the employee’s current or prospective job duties, (2)
outside the allotted release time limits specified for college or university
credit courses (including travel time to and from the course location), or (3)
designated as self-development time.
f. Faculty
Professional Development Activities
1) Faculty members may attend academic
classes at Texas State or elsewhere provided that such enrollment does not
interfere with the completion of assigned duties. If a faculty member requests
a fee payment for Texas State courses, the full-time faculty member must
initiate the request on the Enrollment in Academic Courses and Tuition/Fee Payment
Request Form and
forward it to their department head. The department head will complete the
approval portion of the form and forward it to Human Resources before the
faculty member attends any course under this provision.
2) If enrollment is related to current or
prospective assignments, absence from campus is not considered a leave of
absence, but rather a part of the faculty member’s regular university
activities. Faculty members may also enroll in courses at Texas State or
elsewhere for personal development provided that attendance does not interfere
with the completion of assigned duties. In either case, the faculty member
should notify the department chair in writing before enrolling in classes so
that the chair can determine that no conflict exists.
02.02 In
some instances, the Internal Revenue Service (IRS) may consider the payment of
tuition and fees by the university for an employee as taxable income.
a. All
employer-paid education expenses that the IRS would consider tax deductible if
the employee paid for it are not considered taxable wages and not added to the
employee’s income. According to IRS rules, tax deductible education expenses:
1) Are
required to keep the employee’s present salary, status or job;
2) Maintain
or improve skills needed in the employee’s present job;
3) Include
tuition, books, supplies, lab fees, and similar items;
4) Include
certain travel and transportation and other education expenses;
5) Do
not include travel as education (e. g. Study Abroad travel expenses); and
6) Do
not include meals.
b. The
IRS may consider employer-paid education expenses that qualify the employee for
a different line of work as taxable wages. However, the IRS considers all
teaching and related duties as the same general line of work. Consequently, the
university’s tax specialist may have to review these cases.
c. The
IRS may tax employees on education expenses needed to meet the minimum
educational requirements as required by the university or by law. If a certain
position requires a minimum of education, an employee hired into the position
on an interim basis would have to pay taxes for education expenses because he
or she would need to meet the minimum requirements to keep the position. If the
university changes the educational requirements after hiring the employee, the
employee is considered to have met the minimum requirements and is exempt from taxes
on the educational expenses. The university’s tax specialist will review these
cases individually.
02.03 If
the university pays an employee’s tuition or fees for academic professional
development and the employee terminates employment with the university prior to
the end of the semester for which the tuition and fees were paid, the employee
must reimburse the university for any and all tuition and fees paid by the
university.
Terminating
employees must contact Student Business Services to make arrangements for
repayment of amounts owed. Failure to make payment in full will have
consequences such as: warrant holds against the individual being placed with
the State Comptroller, filings made with credit reporting entities, financial
holds placed on student records, and judicial prosecution.
02.04 The
release time limits and leave requirements in this section are separate from
any of those specified for programs in UPPS No. 04.04.35, Professional Development and
Educational Opportunities.
02.05 All
faculty and staff taking an academic course at Texas State or other accredited
institution of higher education, and seeking release time or university payment
of applicable tuition and fees, must submit an Enrollment in Academic Courses and Tuition/Fee Payment
Request to their
department head. The department head will complete the Approvals portion of the
form (Section II) and forward the form to Human Resources for employment
eligibility verification. Human Resources will forward the form to the tax
specialist who will verify that the education benefits provided to the employee
are exempt from federal income tax. The tax specialist will then forward the
form to Student Business Services where it will (1) prompt an adjustment to
waive only approved Texas State tuition and fees, (2) serve as the confirmation
document for tuition and fees payments at Texas State or other accredited
institutions of higher education, and (3) address any IRS requirements
regarding employee tuition and fees payment. Employees attending an institution
other than Texas State must attach an itemized bill of tuition and fees to be
reimbursed through Accounts Payable at Texas State.
03. PROCEDURE FOR NOTIFICATION OF ABSENCE OR
TARDINESS
03.01 Punctual
and regular attendance is expected of all university faculty and staff. When
unable to report for work, faculty and staff are expected to notify the
immediate supervisor or other appropriate individual as soon as possible.
Except in unusual cases, the faculty or staff member should personally notify
their immediate supervisor.
04. WORKING HOURS
04.01 Work
Time
An
activity constitutes hours worked if it is undertaken out of necessity and for
the principal benefit of the university, and is controlled, required and
authorized by the university.
04.02 Work
Schedule
As
directed by the Board of Regents, the university will be open to conduct
business essential services during the hours of 8:00 a.m. to 5:00 p.m. Monday
through Friday (except official university holidays). Essential services
include university administrative and executive offices, the president’s office,
the library, the registrar, the fiscal and business offices, the police
department, the financial aid office, the admissions office, academic offices,
facilities and any other essential operational offices.
A
department head may routinely authorize alternate work schedules as long as
university needs are met. However, the divisional vice president or president
may authorize other hours as necessary.
Supervisors
in offices required to provide services before 8:00 a.m. or after 5:00 p.m. may
require employees to work hours other than 8:00 to 5:00 as a condition of
employment, either regularly or temporarily.
04.03 Flex
Time
The
use of "flex time" is encouraged as a means of providing the best
possible delivery of services. Department heads may allow the workforce to
modify their normal work hours for family or personal reasons as long as the
university meets the demands of its internal and external customers, as well as
state law and Regents' Rules regarding operating hours. If a department head
denies an employee request for a flexible work schedule, the department head
must provide the employee with a written explanation of the denial within one
week following receipt of a written request for a flexible work schedule. If
the employee does not receive a written explanation for the denial, he or she
may appeal the denial to the next level supervisor who shall respond in writing
within two weeks of receipt of the appeal. The next level supervisor’s decision
is final.
Departments
may use flexible work schedules year round, but especially during the period
between the May and August commencement ceremonies.
04.04 Break
Periods
Two
15-minute paid rest periods during the normal workday are authorized for
full-time employees, one in the morning and one in the afternoon. Employees
working at least half-time, but less than full-time, are authorized one
15-minute paid rest period per day. Employees working less than half-time are
not authorized rest periods. Employees may not use rest periods to shorten
workdays or lengthen lunch hours. Offices should stagger rest periods.
04.05 Break Time for Nursing Mothers
Nursing
mothers of children less than one year of age may use reasonable break time to
express breast milk. The frequency and duration of breaks for this purpose may
vary as determined by the needs of the mother. This is considered paid time;
however, nursing mothers should first utilize their normal break periods.
Supervisors
must provide a private space, other than a restroom, for a nursing mother to
use when expressing breast milk. A space temporarily created or converted into
a private space for expressing milk is adequate as long as it is free from any
intrusion by co-workers and the public.
05. PROCEDURES
REGARDING NON-BUSINESS VISITORS, FAMILY MEMBERS, AND NON-BUSINESS TELEPHONE
CALLS IN THE WORKPLACE
05.01 Supervisors
may deny or restrict workplace access to non-business visitors and employee
family members during both work and non-work periods. Supervisors may also
limit or restrict non-business telephone usage. Supervisors are encouraged to
adopt reasonable provisions for their particular work situations. However,
supervisors have full discretion in determining appropriate policies for these
matters.
06. PLACE OF WORK
06.01 An
employee's department head will determine the employee's normal place of work
or assigned duty point. The employee's dean or vice president must concur with
the determination. Authorization from the president or designee is required if
the employee's normal place of work is the employee's home (see Section 06.02,
Telecommuting).
06.02 Telecommuting
(work-at-home) – Employees may not consider their personal residence as their
regular place of work or duty point without the prior written authorization of
the president or designee. In addition, the following policy and procedures
will apply:
a. Department
heads must route any work-at-home requests through normal administrative
channels to the president. Requests must (1) specify the time period for the
work-at-home arrangement, and (2) justify the request. The department head must
provide a copy of the approved request to Human Resources.
b. Timekeeping
– Employees may accrue state compensatory time for work performed at the employee's
personal residence only if the president or designee grants approval in
advance.
However,
non-exempt employees approved to work at home are eligible for FLSA overtime in
accordance with the provisions of UPPS No. 04.04.16, Overtime and Compensatory Time
Policy.
c. Workers’
Compensation – Employees approved to work at home are covered by normal
Workers’ Compensation rules as provided in UPPS No. 04.04.43, Workers’ Compensation Injuries,
Illnesses and Claims.
d. Employee
requirements – During the approved work-at-home period, the employee will:
1) Inform
the department head of any changes which affect the work-at-home arrangements;
2) Honor
all copyrights for software provided by Texas State;
3) Implement
and maintain appropriate safeguards to protect university information against
accidental or unauthorized disclosure, contamination, modification, or destruction;
and
4) Observe
normal university policies and procedures.
e. Termination
of arrangement – The president or designee may terminate any work-at-home
arrangement at any time. Such action is not necessarily an adverse personnel action.
The president's decision is final.
f. Criteria
for approval – When evaluating work-at-home requests, the president or designee
will consider the following criteria:
1) The
best interests of the university;
2) The
minimum technological requirements to perform the job duties and the impact on
Texas State of meeting these requirements;
3) The
confidentiality of the information taken from the regular site and the ability
to maintain that confidentiality;
4) The
ability of the employee and supervisor to establish work expectations and a
means to measure productivity and performance;
5) The
amount of time the position's duties require the employee’s physical presence
at the regular office site;
6) The
impact that such an arrangement will have on other employees and the services
provided to customers; and
7) The
confirmation that the employee will secure Texas State materials and equipment.
07. DRESS CODE
07.01 Department
heads and supervisors may determine the dress code requirements for faculty,
staff, and student employees under their supervision. They are encouraged to
adopt reasonable requirements that are in keeping with the job functions,
environment, and situations of the workplace. However, department heads and
supervisors have full discretion in determining the appropriate dress code
requirements for all employees under their supervision.
07.02 The employee may not consider
time missed to change clothing as time worked.
08. FACULTY AND STAFF GROUP INSURANCE
PROGRAMS
08.01 All
regular faculty and staff members are eligible to participate in the
university's group insurance programs which include medical, dental, term life,
accidental death and dismemberment, short- and long-term disability and
long-term care insurance. Detailed information (including descriptions,
limitations, and premium rates) is available in each new employee packet and
from Human Resources.
09. POLITICAL ACTIVITY
09.01 State
law (Texas Constitution, Article 16, Section 40) provides that State employees
"shall not be barred from serving as members of governing bodies of school
districts, cities, towns, or other local government districts; provided,
however, that such State employees shall receive no salary for serving as
members of such governing bodies." Thus, an employee could hold a
non-remunerative office concurrently with employment at Texas State; but, if
elected to a remunerative office, the employee would have to terminate Texas
State employment, not accept pay for the other position, or apply for a leave
of absence. Further, employees serving on the above referenced governing boards
should take prudent steps to ensure that they serve their appointed capacities
at times other than while on duty at the university. Employees should conduct
obligations to governing boards during scheduled working hours in accordance
with UPPS No. 04.04.30, University Leave Policy.
09.02 In pursuing political
activities, employees may not:
a. Create the impression that they
officially represent the university;
b. Neglect their university duties;
c. Utilize or expend university
resources; or
d. Conduct
political activities on university property during normal working hours.
Examples
of political activities include display of partisan political posters or flyers
or wearing of clothing, buttons or similar items displaying a partisan
political message.
10. DISCLOSURE OF SOCIAL SECURITY NUMBERS
10.01 The
university requires its employees to furnish their social security numbers in
order to verify their identities. The university's recordkeeping system was
established prior to January 1, 1975, pursuant to the authority given to the
Board of Regents, Texas State University System, in Section 95.21 of the Texas
Education Code and solicited under the statutory authority of 42 U.S.C.A.,
Section 405(c) (2) (C).
University
employees with access to social security numbers will protect them from
disclosure to anyone who does not have a legitimate business need for the
information.
11. CRIMINAL OFFENSE REPORTING OBLIGATIONS
11.01 All
Texas State employees have an obligation to report actual or suspected crimes
such as physical harm, theft, fraud, embezzlement, destruction of property or
other irregularities resulting in the loss of cash, property or other assets of
the university to the University Police Department (UPD). Procedures for
reporting criminal offenses are outlined in UPPS No. 01.04.40, Reporting Criminal Offenses.
11.02 Employees
are expected to cooperate with police and internal audit investigations.
Investigations conducted by these offices are confidential.
12. PUBLICATION
OF EMPLOYEE PHOTOS
12.01 Use
of an employee’s photograph on a university Web site or other publication
should be on a voluntary basis. As such, the employee should sign a release
authorizing use of their image for this purpose. Photography release forms are
available from the office of University Marketing.
12.02 Photos
taken at a public location for a university-related event may be used without
the employee’s consent or signed release.
13. PROCEDURES FOR DISSEMINATION OF POLICY
13.01 The
provost and vice president for Academic Affairs (VPAA) will ensure that all
policies in this UPPS applicable to faculty are published in the Faculty Handbook.
13.02 The
director of Human Resources will ensure that all policies in this UPPS
applicable to staff are published in the Staff Handbook.
14. REVIEWERS OF THIS UPPS
14.01 Reviewers
of this UPPS include the following:
Position Date
Director, Human Resources July 1 E2Y
Chief Diversity Officer and July 1 E2Y
Director, Equity and Access
Provost and Vice President for July 1 E2Y
Academic Affairs
Chair, Staff Council July 1 E2Y
Chair, Faculty Senate July 1 E2Y
15. CERTIFICATION STATEMENT
This
UPPS has been approved by the following individuals in their official
capacities and represents Texas State policy and procedure from the date of
this document until superseded.
Director
of Human Resources; senior reviewer of this UPPS
Vice
President for Finance and Support Services
President