307 Separation from Employment
Original Approval Date: June 17, 2009
Revision Effective:
Supersedes:
The end of an employment relationship with the Tri-County Board will fall within one of the following categories, with indicated policies applicable to each.
1. Resignation – A voluntary termination freely made by the employee for any reason he or she chooses. An employee is expected to give at least one month’s notice.
2. Mutual Agreement – Whereby both the individual and the agency management think it would be mutually beneficial to end the employment relationship. Under these circumstances, a departure date is set by mutual consent and no termination notice period is required by the Tri-County Board.
3. Reduction in Force – Resulting from job elimination due to reorganization or financial considerations determined by the Board.
a) An employee so affected shall be given a one-month notice, with reasonable time off during this notice period for job-seeking efforts.
b) Vacation pay for vacation time earned but not taken will be paid to the laid-off employee provided the employee has completed a full year of employment in a status that earned vacation time.
c) Health insurance will be continued to the end of the first full month after beginning the lay-off.
d) Under COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985), employees and their spouses and covered dependents will have the opportunity to continue medical and dental coverage, at group rates, for the length of the lay-off, or up to eighteen months, whichever is shorter, at the employee’s expense.
e) Any employee laid-off due to a reduction in force will be on recall for a position in the same classification for one year from the date of the lay-off.
f) Should the employee be recalled, he or she will not have to serve a new probationary period, unless he or she was on probation at the time of the lay-off.
g) Recall notification will be accomplished by the dispatch of a certified letter to the employee’s last known address. Verification of delivery will be requested for Board records. Recall rights shall terminate if, upon dispatch of a recall notice notification, no response in the form of report-in or written notice of acceptance forthcoming within seven days after receipt of a certified letter or notice of failure of delivery of the certified letter. Each employee has an obligation to keep the Board aware of any change of address when on lay-off status.
4. Unsatisfactory Performance – Due to failure of an employee to meet performance standards, complete tasks in a timely manner and competent way, or maintain an adequate attendance record.
a) Prior to termination for unsatisfactory performance, the immediate supervisor must make a reasonable effort to resolve the problem with the employee. He or she must be given written notification that continued employment is in jeopardy and be told what must be done to improve the situation. With this notice, the employee will be placed on a two-month probationary status.
b) If performance is not satisfactory at the end of this period, termination notice will be given. Supervisors may extend this two-month probationary period by one month, if circumstances warrant in their judgment.
c) Uncooperative behavior or negative attitude which affects the work or morale of others at the Tri-County Board may result in the two-month probationary period being shortened.
d) If during the probationary period, performance remains unsatisfactory, a two-week termination notice may be given.
5. Misconduct – involving gross employee misbehavior on the job, including but not limited to refusal to do work reasonably expected, wrongful use or taking Tri-County Board property, conviction of a felony, insubordination, drunkenness, immoral conduct, malfeasance, or flagrant violation of the PHI privacy and security.
a) The employee shall be suspended with pay by the Executive Director for a maximum of five working days, during which time the Executive Director or his designee shall conduct an investigation. A final decision regarding employment status will be made upon conclusion of this investigation. No termination notice is required.
b) When warranted by the circumstances, the Executive Director may extend the time of the suspension and fact-finding investigation.
6. Retirement – There is no mandatory retirement age.
Whatever the circumstances of termination, the employee will be entitled to receive all accrued vacation and any sick time pay-out for which the individual may be eligible.
Revision Effective:
Supersedes:
The end of an employment relationship with the Tri-County Board will fall within one of the following categories, with indicated policies applicable to each.
1. Resignation – A voluntary termination freely made by the employee for any reason he or she chooses. An employee is expected to give at least one month’s notice.
2. Mutual Agreement – Whereby both the individual and the agency management think it would be mutually beneficial to end the employment relationship. Under these circumstances, a departure date is set by mutual consent and no termination notice period is required by the Tri-County Board.
3. Reduction in Force – Resulting from job elimination due to reorganization or financial considerations determined by the Board.
a) An employee so affected shall be given a one-month notice, with reasonable time off during this notice period for job-seeking efforts.
b) Vacation pay for vacation time earned but not taken will be paid to the laid-off employee provided the employee has completed a full year of employment in a status that earned vacation time.
c) Health insurance will be continued to the end of the first full month after beginning the lay-off.
d) Under COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985), employees and their spouses and covered dependents will have the opportunity to continue medical and dental coverage, at group rates, for the length of the lay-off, or up to eighteen months, whichever is shorter, at the employee’s expense.
e) Any employee laid-off due to a reduction in force will be on recall for a position in the same classification for one year from the date of the lay-off.
f) Should the employee be recalled, he or she will not have to serve a new probationary period, unless he or she was on probation at the time of the lay-off.
g) Recall notification will be accomplished by the dispatch of a certified letter to the employee’s last known address. Verification of delivery will be requested for Board records. Recall rights shall terminate if, upon dispatch of a recall notice notification, no response in the form of report-in or written notice of acceptance forthcoming within seven days after receipt of a certified letter or notice of failure of delivery of the certified letter. Each employee has an obligation to keep the Board aware of any change of address when on lay-off status.
4. Unsatisfactory Performance – Due to failure of an employee to meet performance standards, complete tasks in a timely manner and competent way, or maintain an adequate attendance record.
a) Prior to termination for unsatisfactory performance, the immediate supervisor must make a reasonable effort to resolve the problem with the employee. He or she must be given written notification that continued employment is in jeopardy and be told what must be done to improve the situation. With this notice, the employee will be placed on a two-month probationary status.
b) If performance is not satisfactory at the end of this period, termination notice will be given. Supervisors may extend this two-month probationary period by one month, if circumstances warrant in their judgment.
c) Uncooperative behavior or negative attitude which affects the work or morale of others at the Tri-County Board may result in the two-month probationary period being shortened.
d) If during the probationary period, performance remains unsatisfactory, a two-week termination notice may be given.
5. Misconduct – involving gross employee misbehavior on the job, including but not limited to refusal to do work reasonably expected, wrongful use or taking Tri-County Board property, conviction of a felony, insubordination, drunkenness, immoral conduct, malfeasance, or flagrant violation of the PHI privacy and security.
a) The employee shall be suspended with pay by the Executive Director for a maximum of five working days, during which time the Executive Director or his designee shall conduct an investigation. A final decision regarding employment status will be made upon conclusion of this investigation. No termination notice is required.
b) When warranted by the circumstances, the Executive Director may extend the time of the suspension and fact-finding investigation.
6. Retirement – There is no mandatory retirement age.
Whatever the circumstances of termination, the employee will be entitled to receive all accrued vacation and any sick time pay-out for which the individual may be eligible.
