Non-Renewal of Appointment for Academic Professional and Administrative Employees
Responsible University Officer(s):
- Vice President for Human Resources
- Director, Employee Relations and Compensation
Academic professional and administrative (P&A) employees (93xx, 96xx, 97xx) at the University on an appointment type of annual renewable contract (K), multiple year contract (J), or non-credit teaching/other professional work contract (Z) may have their employment terminated through a written notice of non-renewal. Termination may not be carried out prior to the end date specified in the employment agreement unless the employee has agreed to an earlier end to the appointment or a ground for early termination by the University exists pursuant to the Administrative Policy: Early Termination of Appointment for Academic Professional and Administrative Employees.
An eligible academic employee whose appointment will not be renewed is to be provided with a specific non-renewal of appointment notice period, the length of which is dependent on years of continuous service to the University as detailed in this policy.
Provisions and Terms
Non-renewal of appointment may be based on no reason or any reason which does not violate the legal rights of the P&A employee. It is not a dismissal for cause.
Official notice of non-renewal of appointment is required for eligible P&A employees to provide for a specific non-renewal of appointment notice period. This official notice of non-renewal must be provided in writing in a timely fashion by the responsible administrator in accordance with specifications defined further in this policy.
If notice is not given so that the notice period occurs within the term of appointment, the appointment end date will be extended to provide for the required notice period. In this situation the appointment end date will not be extended beyond the required notice period.
The notice does not change existing conditions of employment during the required length of non-renewal notice period.
Academic professionals (97xx, 9621-9626) and academic administrators (93xx, 9631-9640) currently on an appointment type of annual renewable (K), multiple year (J), or non-credit teaching/other professional work (Z) at the University are entitled to the required length of non-renewal notice as determined by consecutive years of service in eligible positions.
Notice period requirements for non-renewal of appointment do not apply in the following situations:
- Academic professional and administrative appointees with an appointment term of flexible hourly, summer research, lump sum (Z), or summer session (S)
- Academic professionals on Continuous (G) or Probationary (H) appointments: for information regarding academic professionals on these types of appointments, refer to the Administrative Policy: Appointments of Academic Professional and Administrative Employees.
- Research Specialist (9755): The letter of offer/employment agreement is to state the beginning and ending dates. The intent of this appointment is not meant to be long-term, therefore it is exempt from notice period rights.
- Individuals hired for one semester without a search under non-competitive appointments: Such appointments are date specific and are limited to no longer than one semester.
- Acting/Interim (M), academic administrative appointment: An acting/interim administrative appointment is generally for a stipulated period of time or until the position is filled through a search.
- Limited (L) academic administrative appointment: A limited appointment is restricted to persons who serve as campus or system-wide administrative officers. They carry responsibility at the highest levels in the University, serve solely at the discretion of the responsible authority, and may be terminated without provision of a notice period. (Refer to the Administrative Policy: Early Termination of Appointment for Academic Professional and Administrative Employees. Refer to the Section on Provisions for Institution-Initiated Severance Agreements.)
- All employees holding appointments in 95xx job codes (graduate assistants, professionals in training, and academic non-employees).
Notice of Non-Renewal of Appointment
For academic professional (97xx, 9621-9626) employees, the length of non-renewal notice required will be determined by consecutive years of service in academic professional or academic administrative positions and by the end date on the Notice of Appointment.
For academic administrative (93xx, 9631-9640) employees, the length of non-renewal notice required will be determined by consecutive years of service in academic administrative (93xx, 9631-9640) positions and by the end date on the Notice of Appointment.
Length of Notice Requirement
- An appointee serving in their first year of employment is entitled to one month's notice of non-renewal.
- Appointees serving in their second year through their fifth year of employment are entitled to three months' notice of non-renewal.
- Appointees serving in their sixth year through their tenth year of employment are entitled to six months' notice of non-renewal.
- Appointees serving in their eleventh year and beyond of employment are entitled to twelve months' notice of non-renewal.
|Number of Consecutive Years of Service||Length of Notice Requirement|
Application of Notice Requirement
- Notice Period and Paid vs. Unpaid Time
If the length of the required notice period is longer than the typical contract year (e.g., 9-month typical contract, 12-month notice requirement), it is allowable to include both paid and unpaid time during the required notice period in alignment with the individual's typical term of appointment.
For example, a portion of the notice period may cover the period of time in which no service is given or payment made for individuals on less than an A-term (12-month) appointment and who require a 12-month notice period. Therefore, if an individual holds a B-term (9-month) contract and is entitled to a 12-month notice period, 9 months of the notice period is to be paid time and 3 months may be unpaid time in alignment with the typical appointment contract. Likewise, if an individual holding a B-term (9-month) contract is entitled to a 6-month notice period, the required notice period is to include all paid time.
- Part-time Appointments
Part-time annual renewable (K), multiple year (J), or non-credit teaching/other professional work (Z) appointments are entitled to the same length of notice provisions. The length of the notice period is not prorated, however, the minimum percentage of time the employee must be allowed to work during their notice period is the average of the different percentages. Alternatives to the non-renewal notice period (e.g., 100-percent time appointment for three months rather than 50-percent time appointment for six months) are permitted providing the agreement is in writing and mutually consented to by the employee and the responsible administrator.
- Reassignment of Duties
During the non-renewal notice period, the employee may be reassigned to different job duties and responsibilities by the responsible administrator. This reassignment is to be commensurate with the individual's credentials, experience and expertise, either inside or outside of the unit. The employee continues to receive the same salary and benefits during the reassignment and should retain their existing job code and title.
Salary is paid during the required non-renewal notice period when the appointee is actively working. This salary must be retained at a level no lower than the salary in effect at the time the notice was given. No salary would be paid for unpaid leaves of absence occurring during the notice period or when there is a salary substitution such as disability payments.
- Severance Payment
Under exceptional circumstances, and with the approval of the president or delegate and the vice president for human resources (VPHR) in accord with the procedures set forth in this policy, the University at its initiation may enter into a severance agreement with a P&A employee in exchange for the early termination of the appointment. There is no entitlement to such agreements. Refer to the Administrative Policy: Early Termination of Appointment for Academic Professional and Administrative Employees.
- Grievance Provision
Non-renewal of appointments consistent with the policy are not grievable unless the non-renewal was in violation of some other University policy.
REASON FOR POLICY
The University provides responsible administrators/supervisors the ability to non-renew individual P&A employee appointments. Required non-renewal notice period rights have been established to reduce the negative impact to the employee and provide recognition for years of service to the University.
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- Year of Service
- A calendar or academic year as indicated in the employee's employment agreement. The anniversary date of hire is used in calculating years of service.
- Responsible Administrator
- The individual hiring the employee and/or the individual to whom the employee reports.
- Notice Period
- The time during which an individual P&A employee is aware through written notice that their employment agreement is ending. The appointment ends at the end of the notice period. The notice period may include both paid and unpaid time depending on the term of appointment.
- Manages the process of non-renewal of a P&A employee appointment.
- Responsible Administrator
- Determines appropriate notice period once a decision has been made to non-renew a P&A employee and directs questions regarding difficulties in calculating notice periods to the Office of Human Resources Specialist.
- Provides written notice of non-renewal in accordance with length of notice period required.
- Provides information to eligible employees on the Non-Renewal Program for Academic Professional and Administrative Employees.
- Determines if a reassignment of duties is appropriate given the circumstances and the best interests of the unit and makes the necessary arrangements.
- Administrative Policy: Non-Renewal Program for Academic Professional and Administrative Employees
- Benefits Election Instructions
- Benefits Information Supplement
- May 2008 - Policy converted to the new University-wide format for administrative policies. Policy title modified to Administrative Policy: Non-Renewal of Appointment for Academic Professional and Administrative Employees, formerly Academic Staff Non-Renewal of Appointment.
- April 2003 - (1) Minor edits to clarify language.
(2) Rule of 75 elimination effective April 30, 2003, whereby if the sum of the employee's full years of continuous University service and age on the last day of employment was 75 or greater, then the University medical and/or dental coverage was continued until the last day of the month in which the employee became eligible for Medicare or other group coverage, whichever came first; and
(3) Requirement added whereby the employee, in exchange for participating in program, agrees to not reapply for or be rehired for University employment for a period equal to the number of weeks of severance pay received.
- November 2002 - Supercedes all earlier versions and related policies, including, but not limited to:
- Amended: February 2003
- September 2002 - U of M Layoff/Non-Renewal Program for Civil Service/Bargaining Unit and Academic Professional and Administrative Staff was divided into two separate documents, Civil Service and Bargaining Unit Staff Layoff Severance Program and Academic Staff Non-Renewal Program. Edits were made, information was updated and expanded and put in standard University-wide policy format.
- May 1994, March 1995, and August 1993
- March 1994 - U of MN Layoff/Non-Renewal Program for Civil Service and Professional & Administrative Employees
- November 1991, August 1992, and March 1993
- August 1991 - Voluntary Retirement/Health Benefits Program; Termination/Severance Program
- November 2002