Separation of Employment - Procedure 2.1800
Voluntary Separations
Definition
A voluntary separation of employment occurs when an employee provides his or her supervisor of their intent to resign, or when an employee is absent from work for three consecutive workdays and fails to contact his or her supervisor (job abandonment). Employees who fail to return from an authorized leave of absence will be considered to have voluntarily resigned.
Procedures
- Employee resignations are effective upon receipt and approval by the employee's supervisor and Human Resources. The effective date of the employee's separation from employment shall be the end date of employment noticed in the resignation letter or earlier date within the notice period as determined by Human Resources in accordance with this procedure. Employees are asked to provide a written letter of resignation or email notification at least two (2) weeks prior to the effective date of the resignation to his or her supervisor. Employees who are retiring are expected to provide notice three to six months prior to the effective date. These time frames allow continuity of service to students, and proper planning for both the employee and the department.
- Upon receipt of an employee's resignation, the supervisor will notify the Human Resources by sending a copy of the resignation letter or notification to HR and an HR Action Form with any other pertinent information (e.g., employee's reason for leaving, last day of work). It is imperative that Human Resources is promptly notified to properly exit the employee and provide necessary communication.
- Employees are expected to work during their notice period, and not utilize annual leave, personal leave, or paid non-duty days (e.g. Winter Break, Spring Break). Any exceptions must be approved by the area Vice President and Human Resources. In some instances, the College may place the employee on administrative leave for the notice period and/or reassign the employee's job duties and/or work location or modality. Resignations are generally not accepted if they occur during the first week of the month and will be moved to the end of the prior month.
- Employees will be paid for any accrued, unused Annual Leave and any accrued Sick Leave that they are eligible to receive per Terminal Pay for Sick Leave (Policy 2.120).
- The HR department will provide information on applicable benefits and retirement, as well as off an opportunity to participate in a voluntary exit interview.
- The employee's supervisor will complete the Employee Exit Checklist along with the employee and will ensure that all College property is returned such as ID, credit cards, keys, computer equipment, etc. and any unprocessed leave is recorded. The supervisor should deliver the completed form to HR Records.
- Prior to the date of separation, employees are responsible for turning over to their supervisor or a designated member of their team, any work product, any public records, college property, or other information that is needed to ensure that work processes are not interrupted by the employee's departure.
Involuntary Separations
Definition
An involuntary separation of employment, initiated by the College through dismissal.
An employee may be dismissed for any legal reason, e.g., position elimination, position repurposing, misconduct, tardiness, absenteeism, unsatisfactory job performance or inability to perform per Employee Discipline (Procedure 2.1900). In some cases, progressive discipline may be used, prior to separation, to correct issues. However, certain types of employee misconduct are so severe that one incident of misconduct will result in immediate dismissal without prior use of progressive discipline.
The inability of an employee to perform the essential functions of his or her job with or without a reasonable accommodation may also result in an involuntary medical separation. Medical separations must comply with the Family Medical Leave Act (FMLA) the Americans with Disabilities Act (ADA) and all other policies/laws governing separation.
Procedures
- Before any involuntary separation action is taken, the employee's supervisor recommends the separation and requests a review by the Office of Human Resources, the appropriate VP, the College Legal Department, and the President, or designee. Recommendations for involuntary separation may come from levels of leadership other than the immediate supervisor, and such recommendations will be reviewed by the Office of Human Resources, the appropriate VP, the College Legal Department, and the President, or designee. Employees may be placed on administrative leave at any time when a recommendation has been made to involuntary separate an employee from their position.
- When the recommendation is approved, the supervisor and a representative from HR will notify the employee. The employee's supervisor should complete an HR Action Form and the Employee Exit Checklist to confirm the last day worked by the employee.
- Employees will be paid for any accrued, unused Annual Leave and any accrued Sick Leave that they are eligible to receive per Terminal Pay for Sick Leave (Policy 2.120).
- Notification of intent to dismiss an employee will include applicable grievance rights.
Part-Time Administrative Separations
An administrative separation of employment will occur after a period of 90 consecutive days when the part-time employee has no assigned duties, is not receiving any form of compensation and is not on an approved leave of absence.
Death of an Employee
A separation due to the death of an employee will be made effective as of the date of death.
Procedures
- Upon receiving notification of the death of an employee, the employee's supervisor should immediately notify Human Resources.
- Human Resources will process all appropriate beneficiary payments from the various benefit plans.
- In the case of an employee's death, the final pay due shall be paid out in accordance with section 222.15, Florida Statutes, and any amendments thereto. Payroll Services shall require appropriate documentation to prove the payee's relationship to the employee.
Rulemaking Authority and Law(s) Implemented: Florida Statute[s] §§1001.64, 1001.65; Board Policy 1.020 and 2.320.
History - Adopted 1/2021
