This policy defines employee benefits provided by the Research Foundation's insurance programs. Eligibility for Foundation benefits is determined by employee status and by length of appointment. If an employee's work schedule changes, the employee's benefits change accordingly.
Full -Time (4 months or more).
Salaried employees who are appointed for at least 35 hours a week for at least four complete calendar months, and teaching faculty appointed for 12 or more contact hours, are entitled to statutory benefits and eligible for participation in the Research Foundation's pension plan, health insurance, life insurance, and long term disability.
Full-Time (less than 4 months).
Salaried employees who are appointed for at least 35 hours per week for less than four complete calendar months are entitled to statutory benefits.
Part-Time A (4 months or more).
Hourly employees who are appointed for more than 19 but less than 35 hours per week for at least four complete calendar months or teaching faculty appointed for 7 to 11 contact hours are entitled to statutory benefits, participation in the Research Foundation's pension plan, and individual health insurance.
Part-Time A (less than four months).
Hourly employees who are appointed for more than 19 but less than 35 hours per week for less than four complete calendar months are entitled to statutory benefits.
Part-Time B.
Hourly employees who are appointed for 19 hours or less per week, or teaching faculty appointed for less than 7 contact hours, are entitled to statutory benefits.
Complete calendar month.
An appointment must begin with the first day of the month in order to be counted toward eligibility for benefits. If the appointment begins after the first day of the month, eligibility will computed from the first day of the following month.
Break in Service.
A lapse in employment by the Research Foundation lasting more than 30 days constitutes a break in service.
Statutory Benefits.
Statutory benefits are Workers' Compensation, Social Security, Short-Term Disability, and Unemployment Insurance.
Health Insurance.
The Research Foundation offers at least two types of health plans, both of which provide hospital, medical, prescriptions and vision coverage. Dental insurance is available to full-time employees who are enrolled in a health insurance plan. Employees are required to pay a percentage of the health insurance premium as set by the Research Foundation's Board of Directors. The categories of coverage are: individual; employee and spouse or domestic partner; parent and child(ren); and family. Specifics of each plan are contained in benefits booklets issued by the Research Foundation's Office of Human Resources.
Health insurance coverage is not automatically effective with the appointment date and requires formal application. There is an annual open enrollment period during which employees may change health insurance plans. Health insurance coverage ends on the last day of the month following the final month of employment. Employees who are only eligible for individual coverage may purchase coverage for dependents under the Research Foundation's health insurance plan.
To enroll dependents in his/her health plan, the employee must present a Statement of Dependent00 Participation in Health Benefits Program Form accompanied by an original or certified documents (marriage, birth, adoption or guardianship) to Client Services.
An employee enrolling dependants at a later date may do so only during the next Open enrollment period for Health Insurance elections, unless a Qualifying Event ensues. A Qualifying Event is defined as an activity such as marriage, divorce, birth or adoption. In order to participate under the Qualifying Event Election Period, the employee must submit a Statement of Dependent00 Participation in Health Benefits Program Form accompanied by an original or certified document (marriage, birth, adoption or guardianship) to the Office of Client Services within 30 days from the date of the Qualifying Event, or they forfeit their right to participate until the next scheduled Open Enrollment period.
Group Life Insurance and Accidental Death and Dismemberment Insurance. Full-time project employees who earn up to and including $30,000 a year are covered for $15,000 under the Research Foundation's Group Life Insurance Plan. Employees who earn over $30,000 a year are covered for $30,000.
Long Term Disability. Full-time employees become eligible for long term disability insurance on the first day of the thirteenth month following one year of continuous service. After coverage is in effect, benefits begin the first day of the month following six consecutive months of a certified total disability.
Family and Medical Leave Act (FMLA).
An employee who has worked for the Foundation for a total of at least 12 months, and has worked at least 1,250 hours over the previous 12 months, is covered under FMLA. An employee is eligible for up to 12 weeks of leave during the FMLA designated year defined as a 12-month period, measured backward from the date an employee uses any FMLA leave. Accrued paid leave (sick, annual or compensatory time) must be used first and the remainder of the 12 weeks, if any, taken as unpaid FMLA leave.
Pension. Pension benefits for Foundation employees are provided through Teachers Insurance and Annuity Association/College Retirement Equities Fund (TIAA/CREF).
For employees in TIER I (employed and enrolled in TIAA/CREF before July 1, 1994 with no break in service) the Research Foundation contributes 11% of the first $16,500 earned during the calendar year and 14% of earnings over $16,500.
For employees in TIER II (employment started on or after July 1, 1994 with no break in service) the Research Foundation, at the completion of the vesting period, contributes 8% for the first seven years of employment and 10% thereafter and the employee, also at the completion of the vesting period, contributes 3% each year. Participation in the Research Foundation's pension plan is mandatory.
For employees in TIER III (employed, or rehired after a break in service, on or after January 1, 2000). Eligible employees will serve a one-year waiting period, followed by a two-year vesting period. After completion of the waiting period (year one), the employer begins pension contribution equivalent to 8% of wages. This contribution is made to an institutionally-owned TIAA-CREF Annuity Contract. At the completion of the vesting period, the contributions made plus any earnings applied to the institutionally-owned annuity contract are credited to an individually-owned annuity contract. The employee contribution of 3% of salary on a pretax basis will begin after three years of eligible service (i.e., the completion of the vesting period). After completing seven years of continuous eligible service, the employer contribution increases to 10%. Participation in the Research Foundation's pension plan is mandatory.
For purposes of determining Pension Tier level, a break in service is defined as a lapse in employment in excess of 4 months.
Supplemental Retirement Annuity (SRA):
All employees may contribute to the Supplemental Retirement Annuity program through payroll deductions. SRAs usually are effective the first of the month following receipt at the Research Foundation of the employee's SRA application and agreement forms. In no instance may contributions to an SRA be made retroactively.
Last Update: 3/31/2004
Subject: TIME AND LEAVE BENEFITS FOR ALL RESEARCH FOUNDATION EMPLOYEES Policy No: 506-EI.PURPOSE
Describes time and leave benefits for Foundation employees consistent with funding agency policy and state and federal
laws.
Explains eligibility for time and leave benefits.
Establishes procedures for implementing this policy.
II.APPLICABILITY
This policy applies to all employees of the Research Foundation of The City University of New York unless otherwise provided f
or in collective bargaining agreements. It does not apply to students on stipends or on the CUNY College Work Study Program or to foreign nationals employed outside the United States, its territories, or Canada. Any deviations from this policy must be appr
oved in writing by the President of the Research Foundation.
III.DEFINITIONS
The following definitions are essential for understanding applicability of time and leave benefits.
Job Classification
(as determined by the Personnel Action Form)
Full-Time Employees
Full-Time Instructional (non-credit bearing courses)
and Non-Instructional - employees scheduled to work at least 35 hours a week.
Full-Time
Instructional (credit bearing courses) - employees paid over a 10-month academic year and schedule to work at least 35 hours a week (or academic schedule equivalent of
at least 12 contact hours).
Those paid a full annual salary over a 10-month period. Those paid 1/12th of annual salary per month.Part-Time Employees
Part-Time Instructional and Non-Instructional - employees scheduled to work less than 35 hours a week, including Part-Time A (more than 19 but less than 35), and Part-Time B (19 or fewer hours per week).Part-Time
Instructional employees in a teaching assignment who are paid by the credit or contact hour. (The academic equivalent to a Part Time A work sc
hedule is 7 to 11 contact hours per week and less than 7 contact hours per week for a Part time B work schedule.
As used in this policy, "project director" includes the director or administrator of any university and college facility employing Research Fo
undation personnel as well as directors of individual projects. Project directors share the responsibility for advising employees of time and leave benefits, but must keep accurate records, and make sure all provisions of this policy are uniformly enforced
. See Benefit Policy (507-D) and Retirement Policy (508-E) for related information.
IV.POLICY
The normal work week for full-time employees consists of five seven-hour days, plus one hour each day for lunch, for a total of 35 working hours, calculated from
12:00 AM Monday through midnight the following Sunday. However, specific schedules are determined by the project director.
The project director may excuse lateness, absence, or early departure due to weather, transportation, or other major public emergen
cies. In such situations, employees who report to work despite emergency conditions may be granted compensatory time off at the discretion of the project director.
The Research Foundation
00/p>
s policies provide for annual leave, temporary disability leave (sic
k leave), child care leave, military leave, leave for on-the-job injury, miscellaneous leave, leave without pay, and holidays under the Operating Guidelines of Section V. At the discretion of the project director, and in consideration of local customs, emp
loyees in foreign locations may be granted leave benefits in accordance with Section V. Credit for leave of any type, unscheduled holidays, and compensatory time earned while employed on one project or college earnings account may not be carried over to an
other project (i.e., different account number). The continuation of a project under the same director with funding from the same source, does not constitute a termination. Therefore, when permitted by the funding agency, unused annual leave, not to exceed
35 days, can be carried over.
For leave without pay, the employee should be advised by the project director of Policy No. 507-D (Benefit Programs for all Research Foundation Employees), especially since benefits may be terminated.
A summary of time and l
eave benefits follow:
V.OPERATING GUIDELINES
Effective July 1, 2002, the following time and leave eligibility rules and accrual rates apply to all full-time and part-time Research Foundation employees, unless otherwise provided for in an applicable collective bargaining agreement.
1. Job Classification Annual and Sick Leave Eligibility Rules and Accrual Rates Full and Part Time Instructional* and Non-Instructional Employees Years of Service Annual Leave Accrual Rates Sick Leave Accrual Rates hrs/hr worked days/year hrs/hr worked days/year hrs/hr worked 0-3yrs 15 0.057692 20 0.078571 4-7 yrs 22 0.084615 20 0.078571 8+ yrs 25 0.096154 20 0.078571The above accrual rates are based on a 35-hour workweek and are to be pro-rated for part-timers. In order to determine the amount of leave accrued by a part-time employee, multiply the number of hours worked by the appropriate factor (based on years of service). For example, a part-time employee with one year of service who works 20 hours per week (40 hours per pay period) will accrue 2.31 hours of annual leave per pay period (40 hours x 0.057692 hours/hour worked = 2.31 hours). Over 26 pay periods, that part-time employee will accrue 60 hours of annual leave.
* Part-Time Instructional employees accrue no annual leave.
Full and part-time employees may be granted annual leave only after three months of continuous service. When an individual is transferred from one Research Foundation account to another without interruption, the three-month waiting period will be waived if already satisfied.
Full and Part-time Employees Paid Over Ten Months
If the employee is paid full annual salary over 10 months (i.e., the equivalent of 12 months pay for 10 months' work), no annual leave accumulates since the annual leave due is included in the annual salary. The same applies to employees in this classification who are paid half their annual salary over a five-month period. However, sick leave is accrued on the same basis as Instructional and Non-Instructional employees.
If an employee in this classification is paid one-twelfth annual salary per month, he or she is entitled to annual and sick leave on the same basis as Instructional and Non-Instructional employees, after one full semester.
A.
Annual Leave
Annual Leave is to be used for vacation, personal business, family illness or other family emergencies, religious holidays, days of special observance, etc. It is earned according to the following schedule of time worked.
No annual leave accumulates while an employee is on leave without pay or after the last day actually worked before resignation, retirement or termination.
Scheduling Annual Leave - all annual leave must be approved in advance by the project director.
With a written request to the project director by a full-time employee, annual leave may be advanced for special or emergency situations, including religious observances occurring before completion of three months service.
Employees on a project must take all earned leave before expected termination of employment unless arrangements are made for cash payment on termination. Where the project director requires the employee's services and use of all or part of annual leave is not feasible, and where funds are available, payment for leave at the time of termination can be made in place of time off. This procedure can be used only when not in conflict with regulations of the granting agency.
IN SUCH CASES, THE PROJE
CT DIRECTOR SHALL MAKE WRITTEN ARRANGEMENTS TO BE APPROVED BY THE DIRECTOR OF EMPLOYMENT POLICY AND PRACTICE OF THE RESEARCH FOUNDATION All such arrangements must be made before termination of the project or termination of employment, whichever occurs first. This will insure that funds are set aside for payment.
If an employee takes all unused leave the month before the termination date, he/she will earn annual leave during that month. However, under no circumstances does an employee earn annual leave after termination. For example, a person with 10 days of accumulated leave as of June 1, who is to terminate June 30, will be advanced the two days additional leave he/she will be accumulating during that last month provided that he/she remains on the payroll until June 30. This would bring to 12 the total number of days to be taken as leave in the month of June.
LEAVE NOT TAKEN MAY BE FORFEITED IF ARRANGEMENTS HAVE NOT BEEN MADE FOR PAYMENT.
Maximum Accrual of Leave - no more than 35 days of annual leave may be carried over from one calendar year to the next.
Charging Time Against Annual Leave
The minimum unit charged against annual leave is one hour, with additional leave charged in multiples of one-quarter hour.
Authorized holidays during a full-time employee's authorized annual leave will not be charged against annual leave.
If a physician's or hospital certificate supports a report of illness during an employee's authorized annual leave, those days of illness may be converted to temporary disability leave.
Advancement of Annual Leave
Where, in an exceptional case, the Research Foundation has advanced payment for annual leave, and the individual terminates before accruing the time, any funds due the Foundation for such leave will be deducted from the employee's final salary check.
B. Temporary Disability Leave (Sick Leave)
Temporary Disability Leave shall be used for the employee's personal illness, medical diagnosis or treatment, disability related to pregnancy, miscarriage, abortion, childbirth, etc. It is not to be used for illness of another family member. The minimum unit which may be charged against Temporary Disability Leave is one hour, and then in multiples of one-quarter hour.
If an employee is absent from work for more than five consecutive working days because of illness or injury, he or she should call his/her Client Services Representative for information on filing for New York State disability payments. This should be done whether the individual is on leave with pay or on leave without pay.
A certification from a physician or a hospital must be presented by an employee after an absence of five consecutive days for disability, and may be required by the Office of Client Services for an absence of one or more days in cases of documented excessive absenteeism due to disability. The employee should forward the certificate to the Foundation00 Office of Client Services. For FMLA qualifying absences for medical reasons, employees' should consult the Foundation's FMLA policy and application.
A mandatory leave of absence shall not be required unless individual medical or job characteristics so necessitate.
Advancement of Temporary Disability Leave - with written request of a full-time employee, the project director may advance disability leave up to an amount proportionate to the expected length of employment. For example, if full-time employment of six months is anticipated, an advance of up to 10 days of temporary disability leave may be requested in writing by the employee. If at termination, the employee has not earned sufficient temporary disability leave to cover this advance, the project director will charge the remaining balance against unused annual leave or against the employee's final paycheck.
Where temporary disability results in absence from work beyond the temporary disability leave allowance, an employee may take time from earned annual leave.
Extended Temporary Disability Leave (with or without pay)
Granting of Leave
Disability leave is permitted for illnesses that necessitates a lengthy absence from work. It is granted for up to three months from the first day of disability to any full-time employee with 12 months of uninterrupted service (14 months for employees on a 10-month academic schedule). A physician's certificate must be presented to the project director, and a claim for New York State Disability should be filed through the Foundation's Office of Client Services. If the employee is unable to return to work within the three-month period, termination will be effected. However, if the disability continues beyond this period and proper medical documentation is presented to the project director and Research Foundation Client Services Representative, up to an additional three months leave may be granted. In no case will Extended Temporary Disability leave exceed the project or Personnel Action Form expected termination date of the employee. In these instances termination will be effected.
Leave With or Without Pay
Disability may be with or without pay, depending on the amount of leave accrued on the current project. When accrued disability leave is exhausted, the employee will be on leave without pay for the rest of the approved disability leave period.
Time and Leave Benefits
When an employee takes leave time earned on a current project, he or she continues to accrue leave benefits (annual or temporary disability leave and holiday leave). After an employee has exhausted all leave earned on the project, no additional leave benefits accrue during the remaining time spent on Extended Temporary Disability Leave; nor does this time count toward salary benefits.
Insurance Coverage During an Authorized Extended Temporary Disability Leave (with or without pay)
The Research Foundation will continue insurance coverage for up to the first three months of an approved Extended Temporary Disability Leave, with or without pay. Should the disability continue and the leave be extended beyond three months, benefits will be provided as follows:
If any of the Leave is with pay as a result of an accrued sick or annual leave balance, the Foundation will continue benefits during the paid leave.
If any of the Leave is without pay, benefits will be continued at the rate of one month of coverage for each two years of employment with the Foundation.
Maximum Accrual of Temporary Disability Leave. Temporary Disability Leave may be accumulated up to 160 work days.
Payment for Unused Temporary Disability Leave on Retirement. Employees eligible for the Research Foundation Retirement Benefit have the option of receiving payment for one-half of their accumulated, unused temporary disability leave (sick leave) balance as of the last day actually worked. The maximum payment permitted is six days for each 12 full months of continuous service, not to exceed a maximum payment of 80 days. No such payment will be made when an employee is terminated or resigns. (See Retirement Policy No. 508-E for optional benefits and details.)
C.
Family and Medical Leave
ELIGIBILITY: An Employee must 1) have worked for the Foundation for a total of at least 12 months, or 2) have worked at least 1,250 hours over the previous 12 months.
Eligible employees may take up to 12 work weeks of leave, paid or unpaid, during any 12-month period. The 12- month period is a rolling period measured backward from the date an employee uses any FMLA leave. The leave can be used for one or more of the following reasons: birth or placement of a child for adoption or foster care (all such leave must conclude within 12 months of the birth or placement); to care for a spouse, child or parent with a serious health condition; to take medical leave when the employee is unable to work due to a serious health condition and absence is expected to continue or has extended beyond three (3) calendar days. For additional information, go to FMLA web page.
D.
Child Care Leave
Child Care Leave (which may include annual leave and/or temporary disability leave) is granted for a period of up to six months from an infant's date of birth. It may not extend beyond the project or Personnel Action Form expected termination date.
To be granted this leave, the employee (male or female) must have legal responsibility for the care and/or support of the child, have been employed full-time by the Foundation for at least one year before the requested leave, and apply in writing to the project director for such leave. Documentation of legal responsibility may be required.
During a period of approved Child Care Leave without pay, fringe benefits may be retained, not to extend the leave period, if employee pays the Foundation for costs of continued coverage. Employee should contact their Client Services Representative to arrange payment for benefits. (See Benefits Policy 507-D for details.)
During such period where there is leave without pay, annual and temporary disability leave and holiday benefits will not accrue, nor will more than 30 days in this status be credited toward salary increases.
E.
Military Leave
In accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994, employees may take military leave without pay provided such duty does not go beyond the project or Personnel Action Form expected termination date. Employees on military leave may, but are not required to, substitute their accrued paid leave time for unpaid leave.
The Foundation will continue benefits for a period up to 30 days during such leave, beyond which employees may elect to continue coverage at their own expense, the premium to be calculated in the same manner as that required by COBRA, for up to 18 months. Upon reinstatement, a returning employee is entitled to reinstate the health coverage that he or she had prior to the military leave.
During the time that an employee is on military leave, the Foundation will make whatever contributions it would have normally made to the pension plan on the employee00 behalf. Upon reemployment, the employee will not be treated as having a break in service for purposes of pension vesting and pension tier. A returning employee may make up their own contributions that they were unable to make during their military leave.
A copy of military orders must be presented to the project director and sent to the Research Foundation Office of Client Services before the scheduled date of duty.
A returning employee whose military service was for 30 days or less must return to work on the next regularly scheduled workday. A returning employee whose military service was for more than 30 days must submit an application for reemployment within 14 days after the completion of their service and provide documentation within two weeks of his/her return showing that (i) the notice of or application for reemployment was timely; and (ii) he or she received a certificate of completion of military service under honorable conditions. A returning employee generally has a right to return to the same position he or she held prior to the leave or to a position with like status and pay that the employee is qualified to perform, provided that the appointment period from which the employee took military leave has not ended.
F.
Leave for On-the-Job Injury - a number of options exist and the Research Foundation Office of Employment Policy and Practice (212-417-8601) should be contacted for details.
G.
Miscellaneous Leave, with pay, shall be granted full-time employees for the purposes listed below. The project director may request evidence of the need for such leave.
Miscellaneous Leave
Authorized Length of Absence Jury Duty (a copy of the jury notice must be shown to the project director and sent to the Research Foundation Office of Client Services before the date of jury duty. Compensation received for jury duty, except for reasonable travel expenses, must be turned over to the project director to be sent to the Research Foundation. Employees on jury duty during annual leave or on holidays shall not be required to remit any compensation to the Foundation.) Part-time employees may be permitted, at the discretion of the principal investigator and consistent with the needs and resources of the project, to make up on another day those lost work hours spent serving on jury duty. In no event, however, will the first forty dollars ($40) of such part-time employee00 wages be withheld during the first three days of jury service. Up to two weeks, unless the additional service is non-voluntary. Court Attendance Under Subpoena (Provided employee does not have an interest in the case.) A copy of the subpoena must be shown to the project director and sent to the Foundation's Office of Client Services. Length of participation in proceedings. Death in Immediate Family (Spouse, domestic partner, parent, child, brother, sister, father-in-law, mother-in-law, relative residing in household.) Grandparent Four days. Grandparent: One day Health Department Quarantine - A copy of the Department of Health notice must be sent to the project director to be forwarded to the Foundation's Office of Client Services. Length of quarantine.H.
General Leave Without Pay
This leave may be granted at the discretion of the project director, up to three months, for any reasons not covered under existing leave benefits. Such leave may not go beyond the completion of a grant or contract, or the expected termination date of employment. Annual and Temporary Disability Leave and holiday benefits will not accrue while an employee is on leave without pay, nor will such leave of more than 30 days be credited toward salary increases. Insurance coverage by the Foundation will normally be cancelled, unless it is continued at the employee's expense by arrangement with the Department of Client Services. (See Policy No 507-D, Benefits Program.) The project director should notify their Client Services Representative, in writing, before the start of a project employee's leave without pay, stating the reason for such leave. This information is essential to give proper coverage to eligible employees and to prevent unnecessary depletion of benefit funds by paying insurance premiums for ineligible employees.
I.
Holidays - are scheduled annually for the fiscal year. There are usually 17 holidays each year, including unscheduled holidays (see below). If an employee is on leave without pay both the day before and the day after a holiday, he or she is not entitled to receive pay for any of those days including the holiday. Terminating employees are not paid for any holiday that occurs after the last day actually worked. Eligibility for paid holidays is determined by classification based on work scheduled as follows:
Full-Time Scheduled and unscheduled holidays listed on Research Foundation holiday schedule issued annually.All Part-Time No holiday benefits.
Unscheduled Holidays - Full-time employees earn at least two unscheduled holidays each year, according to the schedule issued by the Research Foundation each year. These days can be used for vacation, personal or family business, religious or other special observance, etc. To be eligible, an individual must have been employed full-time on the same Research Foundation account in accordance with the rules established in the annual holiday schedule. If an individual is transferred from one Research Foundation account to another without interruption, an additional three-month waiting-period is not required. Unscheduled holidays are to be authorized in advance by the employee's supervisor and are normally taken during the fiscal year in which they were earned and before the date of termination, or else forfeited. Alternate holidays - if an employee works on a Research Foundation scheduled holiday because the project director required his/her services, the employee is entitled to both regular pay for the time worked and a substitute day off which may be taken at any time during employment under that Research Foundation Account as arranged with the project director.
J.
Overtime - in computing overtime, there are two classifications of Research Foundation project employees, with separate regulations governing each group. All hourly computations are to be based on a week beginning at 12:00 AM Monday and ending at midnight the following Sunday.
Employees in Salary Categories I through VOvertime includes work hours scheduled by the project director for one-half hour or more beyond an employee's regular work schedule on a given day, all work on days when the project is normally closed, and work beyond 35 hours for the week.
For authorized work totaling between 35 and 40 hours per week, time off (compensatory time) shall be granted equal to the overtime worked, TO BE TAKEN WITHIN TWO WEEKS with the approval of the project director. Since cash payment in lieu of compensatory time is not made at time of termination, the employee must be given compensatory time off when it is due.
When in the project director's judgment, it is not feasible to grant compensatory time, cash payment at the employee's straight time rate may be authorized for overtime worked between 35 and 40 hours. This is subject to the availability of funds and allowability under the project budget, e.g., restrictions on the total compensation that may be paid to a position during the budget period. Any questions in this connection should be referred to the Office of Employment Policy and Practice of the Research Foundation.
If in any week an employee works more than 40 hours (authorized by the project director) cash payment shall be made at the employee's straight time rate for the first 40 hours, and at time and a half for all time beyond 40 hours.
Note : the 40 hours must be time actually worked that week -- not merely hours paid for (which might include annual leave, temporary disability leave, compensatory time or holidays).
Before scheduling any employee for paid overtime work, the project director should make sure adequate funds are available. Overtime pay may exhaust the salary budget before the termination date indicated on an employee's Personnel Action Form.
Employees in Salary Categories VI through XIndividuals in this classification are considered executive, administrative or professional employees and do not receive compensatory time off or additional salary for working additional time on regularly scheduled work days.
However, should they work on Saturdays, Sundays, holidays or other days when an office is normally closed, they will be granted time off from their regular work schedule equal to the overtime worked. The project director should keep a written record of days worked and compensatory time off, which should be taken within two weeks of having been earned.
K.
Time/Leave Records - the project director is responsible for keeping accurate records of days worked, annual leave, sick leave and other leave earned and used by employees. These become the official records that are the basis for certifying time worked and the leave taken on an employee's payroll time sheet.
The number of hours worked each day should be entered in the appropriate box and all leave taken should be immediately recorded. The cumulative balance for the various types of leave should be calculated each month. Time/Leave Records should be retained at the project office until the employee's termination, or the end of the calendar year, whichever occurs earlier. At that time, they should be forwarded to the Research Foundation's Office of Client Services with the Personnel Action Form.
L.
Termination includes a change from one Research Foundation account to another even if there is no break in employment, as well as resignation, retirement, termination of grant/contract, scheduled termination of employment, or involuntary termination. At the end of each project or of an individual's employment on that project (account), the project director will review each employee's Time/Leave Record with the employee, and file the following documents with the Office of the Client Services:
A Personnel Action Form on which the project director indicates any annual leave to be carried over to a continuing grant/contract or college earnings account and the amount of such leave up to 35 days, or whether the employee's unused annual leave is to be paid for and charged against the project account number under which it was earned. A Time/Leave Record which clearly states the annual leave and temporary disability leave (sick leave) earned and taken. The time/leave record should be signed by both employee and project director.It is the employee's responsibility to make sure that he/she receives full credit for unused annual and temporary disability leave (sick leave).
As part of the termination process, the employee must review the Time/Leave Record maintained by the project director, make any necessary corrections in consultation with the director, and sign the form to be sent to the Foundation with the Personnel Action Form.
These two documents are also essential in establishing unemployment insurance eligibility and must be forwarded to the Foundation even when no unused leave is involved.
VI.
IMPLEMENTATION
The provisions of this policy are revised effective December 15, 2003..
Subject: RFCUNY Benefits for Retirees
Policy No: 508-EApplicability. This policy applies to all employees of the Research Foundation of the City University of New York unless otherwise provided for in a collective bargaining agreement or other governing document. Any deviations from this policy must be approved in writing by the President of the Research Foundation. Eligibility for retirement benefits is determined by employee status and length of service.
Eligibility. A Research Foundation employee is considered eligible for retirement with benefits when he/she:
has reached age 55, and at the point of retirement has been employed full time by the Research Foundation for a period of at least 10 years without a break in service, or was a Part-Time A employee on May 1, 1981 and has since been employed without a break in service, and has a combination of age and years of service which equals 70 or more.In the case of instructional personnel on a 10-month academic year assignment, 12 months of employment in a 14-month period will be considered the equivalent of one year of service.
Break in Service. A lapse in employment by the Research Foundation lasting more than 30 days constitutes a break in service.
Retirement Benefit. The Research Foundation Retirement Benefit is a one-time cash payment. The employee may choose one of the following options:
OPTION A.
A benefit period is derived using the formula of three calendar days of leave for each 12 full months of continuous service up to the last day actually worked, for a maximum of eighty calendar days. Actual payment is figured by determining the number of work days (i.e., Monday through Friday), in the benefit period.
OPTION B.
One-half the temporary disability leave (sick leave) balance as of the last day actually worked. The maximum payment permitted is six days for each 12 full months of continuous service, not to exceed a maximum payment of 80 days.
Health Insurance. Upon application, health benefits will be continued by the Research Foundation for Retired employees, their spouses and dependents for the level of coverage for which they are eligible at the time of retirement. The retiree will contribute a share of the health insurance premium which equals the rate of contribution that active employees pay toward their health insurance premium. Retirees must annuitize a portion of their TIAA/CREF Contract to cover their portion of the monthly health insurance premium payments. Eligible retirees and their spouses must enroll in Medicare. Upon request and with proof of payment, the Research Foundation will reimburse the retiree and their spouse for the Medicare Part B premium payment in full, less an amount which equals the rate of contribution that the retiree pays toward their health insurance premium.
Annual Leave. The accumulation of time and leave benefits terminates on the last day worked. Retiring employees will receive payment for any unused annual leave balance if permitted by the sponsoring agency at the salary rate then in effect.
Notification. The employee must notify the Research Foundation, in writing, of his/her intention to retire at least 90 days prior to the intended date of retirement.
This policy is revised effective July 1, 2004.
Subject: PROJECT EMPLOYEE COMPLAINTS Policy No: 510I. PURPOSE
The purpose of this policy and procedure statement is to:
Facilitate the orderly resolution of complaints regarding specified terms and conditions of employment. Set forth the appropriate forum for the resolution of such complaints.II. APPLICABILITY
This procedure applies to project employees of the Research Foundation of The City University of New York who have completed a minimum of three (3) months continuous service. Neither students on stipends nor foreign nationals employed outside the U.S. by the Research Foundation are eligible to utilize this procedure. Where sponsoring agencies require different procedures for the processing of employee complaints, such procedures shall supercede those contained herein.
III. POLICY
The Research Foundation firmly supports the right of an employee to present a complaint when he/she believes that there has been unreasonable discipline, discharge, discrimination, harassment or unfair treatment in the course of his/her employment.
IV. DEFINITION
A complaint is: (1) a claimed violation or misapplication of the rules, regulations or written policies of the Research Foundation related to specified terms and conditions of employment, including but not limited to, a claim related to salary, leave or fringe benefits; or (2) a claim of unfair or improper treatment including, but not limited to, discharge or discipline relating to misconduct or neglect of duty, job-related discrimination or harassment based on race, color, religion, gender, sexual orientation, national origin, age disability, marital status, amnesty, or status as a Vietnam-era or special disabled veteran.
V. PROCEDURE
Prior to filing a formal complaint, a project employee and the project director should meet to discuss the problem and attempt to effect an acceptable solution. A representative of the college designated by the President may be in attendance at the meeting. A representative of the Research Foundation designated by the Foundation00 President may be in attendance at the meeting. If the problem cannot be resolved informally, the employee must present a complaint in writing in brief narrative form to his/her project director within 20 working days of the action upon which the complaint is based. The employee shall send a copy of the complaint to the Research Foundation00 Director of Employment Policy and Practice. Once the Director of Employment Policy and Practice is made aware of a complaint, the Research Foundation is committed to commence immediately a thorough investigation of the allegations of the complaint.1 The complaint will be kept confidential to the maximum extent possible. Upon completion of the investigation, the Director of Employment Policy and Practice shall issue a written decision regarding the complaint and investigation. If the Research Foundation determines that an employee is guilty of discrimination or harassing behavior, appropriate disciplinary action will be taken against the offending employee. Copies of the decision shall be forwarded to the project director, the project employee, and the Chief Operating Officer of the Research Foundation. Within 10 working days of the receipt of the decision, either the employee or the project director may request review of the decision by the Foundation00 Chief Operating Officer. The request for the review must be in writing. The Chief Operating Officer shall determine whether there is a basis for review and shall also determine the necessity of meeting with all concerned parties either jointly or separately to resolve the issue or issues. Thereafter, after consultation with the President of the College, when applicable, or his/her designee, the Chief Operating Officer shall issue a decision to the employee, with copies to the project director and the Director of Employment Policy and Practice.VI. RETALIATION
The Research Foundation prohibits any form of retaliation against any employee for filing a bona fide complaint under this policy or for assisting in the complaint investigation.
VII. IMPLEMENTATION
These procedures are effective immediately.
1 In the event the complaint also involves an employee of the City University of New York, the Foundation00 Director of Employment Policy and Practice shall forward a copy of the complaint to the designated representative of the University and an investigation will be jointly conducted.
Subject: SEXUAL HARASSMENT
Policy No: 525POLICY STATEMENT
I. PURPOSE:
The purpose of this statement is to:
A. Facilitate the orderly and prompt resolution of Sexual Harassment Claims.
B. Set forth the appropriate forum for the resolution of such complaints.
II. APPLICABILITY:
This procedure shall apply to all employees and program participants of the Research Foundation of The City University of New York ("the Foundation"). Where sponsoring agencies require different procedures for the processing of complaints, such procedures shall supersede those outlined herein.
III. OVERVIEW:
The Foundation is committed to providing a work environment free of unlawful harassment and discrimination. The Foundation does not tolerate harassment of any kind, by any one. All complaints will be thoroughly investigated and corrective action will be taken against violators of this policy, up to and including immediate dismissal where appropriate.
IV. DEFINITIONS:
A. Sexual Harassment is unwanted sexual attention that consists of unwelcomed verbal and/or physical behavior of a sexual nature whether explicit or implicit, including but not limited to: sexual advances, requests for sexual favors, demeaning and/or derogatory comments or behavior made because of one's gender or sexual orientation.
B. Sexual harassment may occur when:
1. An individual's employment or program participation is conditioned upon submission to such conduct;
2. Submission to or rejection of such conduct by an individual influences employment or program participation decisions; and/or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work or program performance or of creating an intimidating, hostile or offensive working or academic environment.
V. COMPLAINT PROCEDURE:
Consistent with federal and state laws, regulations and applicable provisions of the PSC-CUNY collective bargaining agreement, the following procedures shall be carried out:
A. Any employee or participant who reasonably believes that s/he has been subject to sexual harassment should immediately contact a member of the Foundation's Office of Employment Policy & Practice for information about the Foundation's policy.
B. A supervisor/manager and/or project director or investigator who has knowledge of, or becomes aware that, an individual under their supervision has become the subject of sexual harassment must take reasonable steps to correct the problem. Failure to address the situation may result in disciplinary action.
C. Pursuant to the procedures for carrying out this policy, an immediate, discreet and impartial inquiry into the circumstances will be conducted. To the extent the law and specific circumstances allow, every possible effort will be made to insure the confidentiality of the parties.
D. No punitive action or retaliation will be taken against an individual for reporting or claiming sexual harassment or for participating in the investigation of a claim.
E.. A project employee ("field employee") of the Research Foundation who has a complaint against an employee of the University may take the complaint directly to a member of the University's sexual harassment panel. The Foundation's Employment Policy & Practice Department shall assist the complainant in reaching the appropriate designee within the University. Within a reasonable time thereafter the Foundation shall follow up on the status and disposition of the complaint. The Foundation shall be notified of the final disposition of the complaint.
VI. Remedial Action:
If it is determined that the claim has merit, the parties will be promptly notified. Remedial steps, consistent with the level of harmful conduct, up to and including immediate dismissal, will be taken to correct and/or prevent any future harassment.
PROCEDURES FOR THE IMPLEMENTATION OF THE SEXUAL HARASSMENT POLICY
I. Informal Complaints :
An employee/participant who believes s/he has been subjected to sexual harassment may request an informal meeting with the individual accused of harassment and their supervisor)/project director), in an effort to prevent any further offensive conduct. Should the supervisor/project director be the individual accused of harassment, the request shall be made to the appropriate supervisor at the next level of management.
The purpose of the meeting will be to discuss the allegations and remedial steps available. If during these discussions the individual accused of harassment should admit the allegations, the supervisor is to obtain a written assurance that the unwelcome behavior will cease. Depending on the circumstances, the supervisor may recommend further appropriate disciplinary action.
Upon resolution, the appropriate supervisor/program director shall prepare a written report of the incident and the remedial action taken to be filed with the Foundation's Office of Employment Policy & Practice. A copy of this report shall be given to the complainant who shall indicate his/her satisfaction with the remedial action taken. A copy should also be given to the individual accused of harassment indicating his/her understanding of the finding and corrective action. If satisfied, the incident will be considered closed. If the complainant is not satisfied, s/he should file a formal complaint.
II. Formal Complaint:
If the complainant is not satisfied with the finding or resolution, s/he may bring a formal written complaint to the attention of the Foundation's Sexual Harassment Panel ("Panel"). The Foundation's Office of Employment Policy & Practice shall maintain a list of those individuals comprising the eligible Panel members for each College.
A. Panel:
The Foundation's President shall name a Panel to review and investigate any claims of sexual harassment. The Panel should include: The Foundation's Director of Employment Policy & Practice and Affirmative Action Officer, two senior level employees of either the campus or the Foundation's central office, depending on the origin of the claim, and two instructional level/non-managerial level employees from either the campus or the central office, depending on the origin of the complaint. The Foundation's Director of Employment Policy & Practice shall be the chair of this Panel.
All Panel members shall be available to receive complaints of sexual harassment, to explain the Foundation's complaint procedures, and to refer individuals to the appropriate resources. All Panel members shall make every reasonable and lawful effort to maintain confidentiality of the parties. Panel members shall be named for a term of two years.
B. Investigation:
The Panel shall take reasonable steps to resolve complaints of sexual harassment in an expeditious manner. The Panel shall assign a member to investigate the claim. The complainant should make a written statement alleging, in sufficient detail, the harassing conduct forming the alleged claim of harassment and any other pertinent details, including any witnesses. The investigator should use reasonable efforts to maintain the confidentiality of the parties while documenting the investigation.
C. Finding:
The Panel member will report his/her findings to the rest of the Panel for recommendation of appropriate corrective action, if any. The Panel's recommendation will then be reported to the Foundation's President. The Foundation's President shall have the opportunity to meet with all concerned parties and discuss the proposed course of action. The Panel shall then make a determination in writing to the parties including the finding of harassment and corrective action, if any.
The individual accused of harassment shall have ten days to appeal the determination to the President of the Foundation or his/her designee. Upon appeal, the President will meet with the Panel to review the corrective action taken and its appropriateness respective to the offensive conduct. The Foundation's President shall issue a final determination and the incident shall be considered closed. Copies of the final determination shall be given to the parties for their review and acknowledgment of the determination.
Subject: AFFIRMATIVE ACTION POLICY
Policy No: 526
POLICY STATEMENT
It is a matter of primary interest to a free and democratic society that employment opportunities be open to all persons solely on the basis of their qualifications. Universities, as progressive centers of learning and discovery, naturally assume a leading role in the endeavor to make this principle a reality, and that carries over to their auxiliary institutions. As a matter of policy and conviction the Research Foundation of the City University of New York attempts in all personnel activities to ensure equal employment opportunity for employees and applicants for employment whatever their race, color, ethnic origin, religion, gender, marital status, age, citizenship or national origin, sexual orientation, veteran status, or disabilities. This applies to recruiting of new employees including advertising and inter-viewing work assignment, compensation and benefits, opportunity for promotion, etc.
In addition to these non-discrimination efforts the Foundation utilizes affirmative action policies and procedures to advance the employment of members of certain historically under-represented and protected classes, viz. Asian-Americans or Pacific Islanders, African-Americans, Hispanics, Native Americans or Alaskan Eskimos, Puerto Ricans, and women. The Foundation adheres to all applicable Federal, State, and City laws and, regulations regarding non-discrimination and affirmative action in employment including Title VII of the Civil Rights Act of 1964, Sections 503 and 504 of the Rehabilitation Act of 1973, Section 402 of the Vietnam Veterans Readjustment Act of 1974, Tide IX of the Education Amendments of 1972, and Executive Order 11246 as Amended and to applicable policies of the University Board of Trustees as adopted by the Foundation Board of Directors.
RECRUITMENT PROCESS
Each unit of the University has its own Affirmative Action Officer and its own Affirmative Action plan. Those employees of the Foundation based on a campus or the central office of the University will be recruited and selected according to the Affirmative Action plan for that unit.
The following procedures, subsumed in individual unit procedures, are used for the recruitment of all permanent employees:
All recruitment, advertisement, interviews and selections are to be conducted in an equitable and non-discriminatory manner. A job description must be approved by the appropriate Affirmative Action Officer (at the campus, University central office, or Foundation central office) prior to posting or advertising. The Affirmative Action Officer must also approve the composition of the interview pool and affirm that the Search Committee/Panel has complied with Affirmative Action guidelines in arriving at its recommendations. The Affirmative Action Officer must approve composition of the Search Committee/Panel which shall, when appropriate and when possible, include members of protected classes. The Affirmative Action Officer must provide data every three years to the Affirmative Action Committee describing current compliance by identifying areas of under-utilization and under-representation to assist the Committee in establishing Affirmative Action goals. The college-approved Personnel Vacancy Notice, the primary method of communicating a vacant position to potential applicants, must be circulated to all units of the University, to the New York State Job Service, and to agencies serving protected classes. The logo 'An AA/EO/ADA Employer' (Affirmative Action/Equal Opportunity Employer/Americans with Disabilities Act) must be displayed in all advertisements and notices.The campus college's Affirmative Action Officer is the proper source for information on policies and procedures regarding recruitment, advertisement, interviewing and selection at a campus.
The Affirmative Action Officer for The Foundation may be contacted by calling the Office of Employment Policy and Practice at (212) 417-8601. The duties of the Affirmative Action Officer include, but are not limited to, notifying managers of their responsibility in recruiting and selecting applicants.
Graduate student assistants are not considered permanent employees.
THE AFFIRMATIVE ACTION COMMITTEE AND THE AFFIRMATIVE ACTION PLAN
The Research Foundation Affirmative Action Committee has responsibility for formulating and ensuring the effectiveness of the Affirmative Action program. Members are appointed to the Committee by the Foundation President in consultation with the Affirmative Action Officer. The Committee shall be comprised of five members, including the Affirmative Action Officer and the Director of Personnel, as ex-officio voting members. The other three members shall be appointed for staggered three year terms. The Committee shall meet at least twice a year, serving in an advisory role to the President, or his/her designee, in formulating, implementing, reviewing and updating (every third year) the Research Foundation's Affirmative Action Plan.
The Affirmative Action Plan will detail the current distribution of protected classes among the Foundation staff at all levels, summarize progress since the previous report, estimate availability pools as far as possible, and set goals.
RECRUITMENT PROCEDURE FOR MEMBERS OF THE EXECUTIVE COMPENSATION PLAN
For Presidential searches, the Board of Directors shall establish its own recruitment process, consistent with the Affirmative Action Policy of the Foundation and its By-Laws. For other positions covered by the Executive Compensation Plan, the following procedure shall be used:
Recruitment advertising must be prominent in locations accessible to protected classes. The duration of the application opportunity must be sufficient to ensure a reasonable pool for the position being advertised.
An Executive Search Committee shall be appointed and charged by the President of The Foundation. The Committee shall include as its members one faculty member and one non-faculty member of the Board of Directors of The Foundation, a member of the senior staff and other members as deemed appropriate by the President.
All members of the Executive Search Committee shall be provided with copies of all resumes prior to any meeting at which the applicants to be interviewed will be selected.
The Foundation shall schedule interviews for members of the Executive Search Committee. The Committee, at its discretion, may recall applicants and take other reasonable measures to ensure the conduct of a fair and impartial process.
At the conclusion of this process, the Executive Search Committee shall issue its recommendation to the President. The President reserves the right to extend or initiate a new search process if suitable candidates have not been identified.
RECRUITMENT PROCEDURE FOR MEMBERS OF THE FULL-TIME EXCLUDED STAFF
The class of employees who are not covered by the PSC-RF I CUNY Collective Bargaining Agreement, are not in the Executive Compensation Plan, and are not part-time, are Excluded Employees. Recruitment for such positions shall be conducted according to the following procedure:
00nbsp; All recruitment advertisement shall be made available to potential applicants for a period of no less than 30 days.
00nbsp; The Executive responsible for the functional area in which the vacancy exists shall appoint and charge a Search Panel.
00nbsp; All members of the Search Panel shall be provided with copies of all resumes prior to the meeting at which the applicants to be interviewed will be chosen.
00nbsp; The Search Panel shall conduct interviews and may, at its discretion, recall applicants and take other reasonable measures to ensure the conduct of a fair and impartial process.
00nbsp; At the conclusion of the process, the Search Panel shall make its recommendation to the divisional Executive. The Executive may determine that the search should be extended or a new search initiated.
RECRUITMENT PROCEDURES FOR EMPLOYEES COVERED BY THE PSC-CUNY COLLECTIVE BARGAINING AGREEMENT
Employees who are covered by the PSC-RF I CUNY Collective Bargaining Agreement shall be recruited according to the following procedure:
00 All recruitment advertisement shall be made available to potential applicants for a period of no less than 10 days.
00nbsp; The Executive responsible for the functional area in which the vacancy exists shall appoint and charge a Search Panel.
00nbsp; All members of the Search Panel should be provided with copies of all resumes prior to the meeting at which the applicants to be interviewed will be chosen.
00nbsp; The Search Panel shall conduct interviews and may, at its discretion, recall applicants and take other reasonable measures to ensure the conduct of a fair and impartial process.
00nbsp; At the conclusion of the process, the Search Panel shall make its recommendation to the divisional Executive. The Executive may determine that the search should be extended or a new search initiated.
Research Foundation of CUNY
