Separations Policy

Effective Date

June 12, 2017; June 2023

Last Revision Date

June, 2024

Responsible Party

Human Resources

Scope

All staff

Purpose

Marymount University (“University”) recognizes that an employee may separate from active university employment that may be broadly categorized as either voluntary or involuntary in nature.

Policy Statement

Staff employment at Marymount University is on an at-will basis unless otherwise stated in a written individual employment agreement signed by the President of the University, or designee. This means both the employee and Marymount University have voluntarily entered into the employment relationship, and both the employee and the University may terminate the employment relationship at any time, for any lawful reason or no reason at all, with or without notice.  This Policy does not create a contract implied or expressed, with any staff members, who are employees at will. Faculty will be subject to employment action for non-award of tenure as expressed in the Faculty Handbook.

1.0 Voluntary Separation

1.1 In cases of voluntary resignation or retirement, notice equivalent to the length of one pay period is normally expected, longer notice is preferred for Management positions. A letter of resignation must be sent to the supervisor and uploaded with the termination submission in the Workday system.

1.2 During this period, the employee will be invited to complete an online exit survey that is sent automatically from Workday upon resignation.  An employee may also request an in person exit discussion with human resources.

1.3 Salary will be paid through the effective date of the resignation or retirement. Payment will be made for annual Vacation Leave or Paid Time Off (PTO), accrued and not used, as of the effective date of separation up to a maximum of 80 hours.

1.4 Job abandonment is defined as three or more consecutive days of absence from work without notice of intent to return having been provided to the immediate supervisor. It may be considered a voluntary separation.

1.5 The University reserves the right to accept the employee’s notice of separation as effective on the day it is given to the employee’s supervisor or any day thereafter.

2.0 Death

2.1 In case of the death of an employee, the employee’s supervisor should contact Human Resources.

2.2 Human Resources will notify the life insurance and retirement vendor to initiate those benefits. Payroll will be notified and the final check will be deposited as it was set up at the time of death.

3.0 Separation during the Introductory Period

3.1 During the introductory period, an employee may be removed from their position at any time, for any reason, and without prior notice.

3.2 During an introductory period, an employee removed from a position will receive a two-week notice of termination or pay in lieu of notice with immediate termination.

3.3 Any manager wishing to discharge an employee during their introductory period shall consult with Human Resources at least three weeks prior to the end of the employee’s introductory period. Human Resources will advise as to the proper steps to follow and, if the separation follows policy, approve the action.

3.4 Termination during the introductory period may not be appealed or grieved.

4.0 Layoff

4.1 As a result of an official reorganization or permanent or temporary reduction in the workforce approved by the President. The university will provide written notice and provide payment of compensation through a fourteen-day notice period. Accrued and unused vacation time through the separation date, up to 80 hours, will be paid on the final pay statement.

4.2. The university makes no provision for seniority or other types of “bumping.”  For full-time faculty, the retrenchment process is outlined in the Faculty Handbook.

5.0 Involuntary Separation for Cause

5.1 Introductory Period

After an employee’s introductory period has been completed, involuntary separation for cause may be necessary. An involuntary separation for cause includes for example: the inability, failure, or refusal of the employee to maintain satisfactory performance of the responsibilities of the position; conduct which directly and substantially impairs the effectiveness of the employee in the performance of their responsibilities; conduct which directly and substantially impairs the effectiveness of university operations, unsatisfactory performance, poor attendance or behavior incompatible with effective conduct of duty, and behavior detrimental to the university, to the University; or other causes not mentioned above.

5.2 Supervisor’s Responsibilities

5.2.1

In cases involving performance or misconduct, supervisors are responsible for following applicable university policy and procedure, include but not limited to the Progressive Discipline Policy for guidance.  Any involuntary separation must be discussed with Human Resources before the employee is notified. Except for certain Level III offenses, the supervisor must have issued a Final Written Warning to the employee before termination may be considered or have communicated a performance improvement plan in place of a final written warning.

6.0 Next Steps

6.1 Date of Termination

When an employee terminates employment with the university, the termination date to be indicated shall be the last day on which the employee actually worked.

6.2 Return of University Property

6.2.1 An employee who separates from university employment shall return all university owned equipment and/or property assigned to them in advance of the date of issuance of the final check. Such equipment or property may include, but shall not be limited to: uniforms, locker and office keys, ID badges and/or cards, laptops, cell phones, credit cards, materials, supplies, or equipment issued or loaned to the employee.

  1. The employee shall be given an Employee Exit Procedure Form prior to the last day of work.
  2. It is the employee’s responsibility to return all university owned equipment and/or property assigned or issued to them to the department head or appropriate designee and to obtain authorized signatures on the Employee Exit Procedure Form.
  3. A completed Employee Exit Procedure Form must be returned to the separating employee’s manager on or before the employee’s last day of work.
  4. The manager must attest that all university owned equipment and/or property has been returned and/or accounted for before the end of the employee’s last day of work.
  5. The manager must forward a completed Employee Exit Procedure Form to Human Resources.

6.3 Final Pay

Final paychecks for employees separating from active university employment are distributed by the Payroll Office. The final pay will include time worked up to and including the employee’s last day of work and any accrued, unused vacation time, up to 80 hours. Terminated employees will not receive payment for sick leave, or other paid time off, earned but not taken.

  1. Terminated employees will be paid for earned and unused annual up to 80 hours

6.4 Manager Follow-Up

6.4.1 The manager shall submit the following to Human Resources via Workday for each employee separating from active university employment by the last day of active employment:

  1. A copy of the employee’s notice of separation or letter of resignation, if applicable.
  2. A completed Employee Exit Procedure Form.