Employee Handbook Table of Contents Employee Handbook Receipt and Acknowledgement ................................................... 5 1000 Introduction .............................................................................................................................. 6 1010 Introduction to the Handbook.................................................................................... 7 1020 Message from Management ........................................................................................ 8 1030 Mission Statement ........................................................................................................ 9 1040 Overview of the University....................................................................................... 10 2000 General Management Practices ..................................................................................... 12 2010 Academic Freedom ..................................................................................................... 13 2020 Americans with Disabilities Act (ADA) ................................................................. 14 2030 Applicant Information Policy ................................................................................... 15 2040 Employment-at-Will ................................................................................................... 17 2050 Employee Relations .................................................................................................... 18 2060 Equal Employment Opportunity (EEO) ................................................................. 19 2070 Family Education Rights and Privacy Act .............................................................. 20 Appendix A Family Education Rights and Privacy Act............................ 110 2080 Harassment and Retaliation...................................................................................... 21 2090 Health Information Confidentiality Policy............................................................ 24 2100 Home Office ................................................................................................................. 25 2110 Immigration Policy ..................................................................................................... 28 2120 Internet and Electronic Media Policy ..................................................................... 29 2130 Military Service ........................................................................................................... 30 Appendix B – Military Service ..................................................................... 115 3000 Employment Status and Personnel Records .............................................. 31 3010 Employee Classification .............................................................................................. 32 3020 Personnel Files and Records ....................................................................................... 33 3030 Reference Requests....................................................................................................... 34 March 2010 2 4000 Employment Practices ........................................................................................................ 35 4010 Complaint Procedure ................................................................................................... 36 4020 Corrective Action .......................................................................................................... 38 4030 Fraternization (Dating co-workers) ........................................................................... 39 4040 Hiring of Relatives (Nepotism) .................................................................................. 41 4150 Internal Position Transfers ......................................................................................... 42 4060 Medical Examinations, Drug Testing, and Health Certification ......................... 43 4070 Outside Employment (Moonlighting) ...................................................................... 44 4080 Performance Appraisal ................................................................................................ 45 4090 Serious Illnesses and Medical Conditions ............................................................... 47 4100 Termination of Employment ...................................................................................... 48 5000 Employee Responsibilities ............................................................................................. 50 5010 Appearance and Dress Code ....................................................................................... 51 5020 Attendance and Dependability .................................................................................. 52 5030 Communication and Information Systems .............................................................. 54 5040 Confidentiality .............................................................................................................. 56 5050 Conflicts of Interest ...................................................................................................... 57 5060 Drugs and Alcohol ........................................................................................................ 58 Appendix C: Drug & Alcohol Testing Policy ........................................... 120 5070 Emergency Closing ....................................................................................................... 59 5080 Employee Conduct and Work Rules ......................................................................... 60 5090 Office Organization and Housekeeping .................................................................. 62 5100 Office, Postal, and Copy Machines ........................................................................... 63 5110 Personal Cellular Telephones..................................................................................... 64 5120 Personal Property, Searches, and Inspections ......................................................... 65 5130 Personal Stereo Usage .................................................................................................. 66 5140 Public Relations ............................................................................................................ 67 5150 Safety ............................................................................................................................... 68 5160 Silent Monitoring ......................................................................................................... 69 5170 Smoking .......................................................................................................................... 70 March 2010 3 5180 Solicitation and Distribution Activities ................................................................... 71 5190 Workplace Violence ..................................................................................................... 72 6000 Compensation and Benefits ............................................................................................ 73 6010 COBRA - Insurance Continuation ............................................................................. 74 6020 Insurance and Retirement Benefits ........................................................................... 75 6030 Overtime ......................................................................................................................... 77 6040 Payroll Procedures ........................................................................................................ 78 6050 Working Hours .............................................................................................................. 81 6060 WGU Tuition Discount Benefits................................................................................ 82 7000 Time Off ................................................................................................................................... 83 7010 Bereavement Leave ....................................................................................................... 84 7020 Family Medical Leave Act (FMLA) ............................................................................ 85 7030 Holidays & Personal Time .......................................................................................... 93 7040 Jury, Witness and Voting Leave ................................................................................. 95 7050 Leave Policy (non-FMLA)............................................................................................ 96 7060 Military Leave................................................................................................................ 98 7070 Sick Leave ....................................................................................................................... 99 7080 Vacation ........................................................................................................................ 101 8000 Travel and Expenses ......................................................................................................... 103 8010 Control of Expenses and Reimbursement ........................................................ 104 8020 Expense Reimbursement Policies........................................................................ 105 March 2010 4 Employee Handbook Receipt and Acknowledgement Western Governors University employees are authorized to access the Employee Handbook online. As an employee, I have been provided with the web address where the Handbook can be viewed at any time of the day. I acknowledge that I have access to a computer with Internet capability and have the ability to view the Handbook any time I need. I understand that I can ask the Human Resources Department about any questions I may have about the Employee Handbook or if I am having trouble accessing the Handbook online. I understand that the Employee Handbook outlines the University's benefits, policies, and employee responsibilities. I agree to familiarize myself with the information in this Handbook, will ask questions of my supervisor or Human Resources when necessary, and will comply with the policies and procedures summarized. I understand the information in this Handbook is intended to acquaint employees with general policies and principles and is not a contractual commitment by the University concerning the terms of employment, benefits, or other matters. I realize that I am an Employee-at-Will, am employed for no specific period of time, and that employment may be terminated at any time by the University or myself, with or without cause and with or without prior notice. This employment-at-will status cannot be altered or modified in any way by any oral or written statements, policies or practices and can only be altered or modified by a written employment contract signed by the President of the University. I also understand that as a condition of employment and to ensure workplace security and safety, all University facilities, University property (including desks, workstations, files, voicemail, computers and e-mail), and employees' personal property may be inspected upon request. By my employment and/or continued employment, I consent to such monitoring and inspection. As required, Management, at its complete discretion, may modify or eliminate these summarized policies and procedures or any policy, practice or procedure at any time without notice. Whenever possible, Management will provide advance notice of such modifications. I realize I will be responsible for complying with future changes in University policies, practices, and rules. I also acknowledge that no employee or University agent has the authority to allow me to engage in any conduct or behavior that is inconsistent with the Handbook. WGU will modify any practice outlined by this Handbook to the extent necessary to comply with applicable federal, state or local laws. Please sign and date this receipt, and return it to Human Resources for placement in my personnel file. Signature March 2010 Print Name Date 5 Chapter 1000 Introduction 1010 Introduction to the Handbook 1020 Message from Management 1030 Mission Statement 1040 Overview of the University March 2010 6 Section 1010 Introduction to the Handbook Purpose of the Handbook This is the Western Governors University (―WGU‖ or the ―University‖) Employee Handbook. It is the University's general guide of Human Resources policies. It is not comprehensive, does not address all employment issues or policy exceptions, and is not intended to provide specific details in all areas. Many issues (such as benefits) are addressed in detail in other official controlled documents. Consequently, employees are encouraged to contact Human Resources or their supervisor with their questions. These policies are designed for general University operations. However, each individual department has separate operational requirements that may vary from the policies outlined in this employee handbook. You are expected to know and comply with your department‘s individual guidelines in addition to the outlines in this Handbook. Policies Are Not Contracts or Guarantees of Rights These policies are not contractual employment commitments, and except for the employment-at-will policy, may be changed or revoked at any time. No policy is intended as a guarantee of terms or conditions of employment or of benefits or rights. This Handbook does not alter the employment-at-will relationship in any way. WGU employment is not for any specific time and may be terminated at will, without notice, at any time with or without cause. Employees may also resign at any time. These guidelines replace any previous oral or written policies and practices regarding matters covered in this Handbook. The only exceptions to these policies are those written and signed by the President. If you have questions or need help in understanding the policies in this Handbook, please ask a member of Management or contact Human Resources. March 2010 7 Section 1020 Message from Management Dear WGU Employee: Whether you have just joined our organization or have been with us for a while, we are confident that you will find our University to be a professional and productive organization. Your unique talents and abilities are extremely valuable to us and we look forward to a rewarding and successful association. WGU is proud of the professional services we provide our students. We believe that our employees are truly our most valuable asset and that each of us directly contributes to our continued success. This Employee Handbook was developed to establish a framework in which employees' efforts can advance both the University's objectives and the individual's interests. To further this goal, we have adopted Human Resources policies which we believe are fair, consistent, and allow employees to know what is expected of them. It is our intention that these policies will promote sound management as well as success and growth for each of you as part of our University team. Please familiarize yourself with the Handbook's policies, as they should answer many common questions concerning your employment at the University. Also, please sign and return the Employee Acknowledgement form found at the beginning of the Handbook to our Human Resource Department. We hope that your experience is enjoyable, challenging, and rewarding in every respect! Sincerely, Robert W. Mendenhall President March 2010 8 Section 1030 Mission Statement The principal mission of Western Governors University is to improve quality and expand access to postsecondary educational opportunities by providing a means for individuals to learn, independent of time or place, and to earn competency-based degrees and other credentials that are credible to both academic institutions and employers. March 2010 9 Section 1040 Overview of the University The first general discussion of what was to become Western Governors University took place in the summer of 1995 at the meeting of the Western Governors Association in Park City, Utah. The chair of the Association at that time was Utah‘s governor, Mike Leavitt, who already understood the revolutionary power of distance learning technologies and foresaw their capacity to assist the Western states in addressing one of their most pressing problems—rapid population growth confronted by limited public funds for educational services. The Park City meeting surfaced another major theme—the need for increased quality assurance about educational outcomes. Then governor of Colorado, Roy Romer, who had recently chaired the Education Commission of the States, voiced this concern most clearly and became Governor Leavitt‘s principal partner in the new initiative. The governors agreed that the new university they had in mind would make maximum use of distance learning technologies, would be collaborative among the Western member states, and would use competency rather than seat time as the measure of its outcomes. This new institution would be different. The discussions in Park City produced a wave of energy that rolled forward through two years of intense planning. The governors enlisted the Western Interstate Commission on Higher Education and the National Center for Higher Education Management Systems to help design the new university they envisioned. Five themes remained central to the effort: responsiveness to employment and societal needs; a focus on competency; expanding access; cost-effectiveness; and development of the participating states‘ technology infrastructure. The university would be marketoriented, accredited, independent, and degree granting, though non-teaching. It would focus on two objectives: defining and assessing competencies, and creating an online catalog of distance learning courses and other materials that any interested learner could access and use. Rather than waste time and money developing its own courses and duplicating the work already done by countless other institutions, it would collaborate with partnering colleges, universities, corporations, and training organizations to make the best of their distance learning materials available to students. Western Governors University became the official name of the new, private, nonprofit institution when the governors endorsed the Implementation Plan presented by their design team at the 1996 summer meeting of the Western Governors Association in Omaha, Nebraska. Initially, there were 11 participating states, a number that has since grown to 19. The governor of each participating state contributed $100,000 to support the university‘s development, but since its founding, WGU has received no regular state funds. Most of its financing has come from foundations, corporations, the federal government, and student tuition. March 2010 10 Although WGU had a name, a charter, and the beginnings of an online catalog by the summer of 1996, it would be another three years of planning and development before it enrolled its first degree-seeking students. Much remained to be done after the Omaha meeting. Institutional guidance had to be ensured through the establishment of a Board of Trustees and a National Advisory Board. Moreover, no one had ever before tried to develop degree programs based exclusively on competencies. No one knew what assessments to use, or if they were available, or what it would take to develop them. Decisions on what degree programs to develop had to be made. Expert committees (later defined as councils) had to be established to preside over these matters and establish academic policy. Administrative and academic staff had to be appointed. Over the next three years, from the summer of 1996 through the summer of 1999, these matters were progressively resolved. The University was formally incorporated in January 1997, and its Board of Trustees and its National Advisory Board (NAB) were soon established and fully functioning. Twenty-two corporations and foundations are now members of the NAB. Each has made a minimum financial contribution of $250,000, and some have contributed in excess of $2 million to WGU‘s development. In addition, the federal government has contributed over $8 million dollars WGU launched its Teachers College in March 2003, Business was launched in the fall/winter of 2003/2004, Information Technology was launched in the winter of 2004, and Health Professions was launched in the fall 2006. Additionally, in 2003 we began offering a MED program which was our first masters degree program, and is now part of teachers college. March 2010 11 Chapter 2000 General Management Practices 2010 Academic Freedom 2020 Americans with Disabilities Act (ADA) 2030 Applicant Information Policy 2040 Employment-at-Will 2050 Employee Relations 2060 Equal Employment Opportunity (EEO) 2070 Family Educational Rights and Privacy Act Appendix A: Family Educational Rights and Privacy Act 2080 Harassment and Retaliation 2090 Health Information Confidentiality Policy 2100 Home Office 2110 Immigration Policy 2120 Internet and Electronic Media Policy 2130 Military Service Appendix B: Military Service March 2010 12 Section 2010 Academic Freedom As a critical and essential component of Western Governors University, academic freedom encourages the unfettered inquiry, debate, teaching, and learning that characterize an active community of scholars and students. Academic freedom applies to all the faculty roles at WGU including but not limited to development of programs, curriculum, and assessments; advising/mentoring students; evaluating and approving instructional providers; conducting and publishing research; evaluating, approving, and awarding degrees to students; and providing public service. Because the search for truth and its dissemination are central to the university, the WGU Board and administration protect, defend, and promote academic freedom. Faculty members encourage the free pursuit of knowledge by other faculty and WGU students and protect the academic freedom of all those engaged in the academic enterprise. WGU supports the free expression of ideas and protects diverse opinions of both faculty and students. When faculty speak or write as citizens, they are free from institutional censorship or discipline. However, their position in the community of learners imposes unique obligations because the public may judge their role as a faculty member, and WGU, by those words. Hence, WGU faculty are expected to be accurate, exercise appropriate restraint, demonstrate respect for the opinions of others, and indicate when they are speaking on behalf of or in conjunction with WGU. March 2010 13 Section 2020 Americans with Disabilities Act (ADA) Scope of the ADA As part of WGU‘s Equal Employment Opportunity commitment, WGU will implement all applicable provisions of the Americans with Disabilities Act (ADA) and any similar, applicable state or local laws. The University does not discriminate against any qualified applicant or employee with a known physical or mental disability in any employment practice including hiring, promotion, job assignment, compensation, discipline, training, and termination. Ability, not disability, is the basis of all WGU employment decisions. Reasonable Accommodations As required under the ADA, WGU will provide reasonable accommodations for qualified individuals with known disabilities to assist them in performing the essential functions of the job unless the accommodation would create an undue hardship on the University or create a direct health or safety threat. Any employee or supervisor with ADA related questions or concerns, or anyone seeking an accommodation is encouraged to contact Human Resources. March 2010 14 Section 2030 Applicant Information Policy Utah law prohibits the collection of an employment applicant‘s Social Security number, date of birth or driver license number until an offer of employment is made or unless the information is collected when an employer is about to undertake various tasks done during the employment selection process. Utah law also requires an employer to have a policy protecting the confidentiality of such information once it is properly collected Collection of Information The University shall not collect an employment applicant‘s Social Security number, date of birth or driver license number except with the applicant‘s consent and under the following circumstances: A. After an applicant is offered a job; B. At the time during the University‘s employment selection process when such information is needed to perform one of the following tasks: (1) obtain a criminal background check; (2) obtain a credit history; (3) obtain a driving record review; or (4) to determine if the applicant was previously employed by the University. The task outlined above must actually be performed (i.e., don‘t collect information for a background check and then not do the check); C. In order to provide it to a governmental entity to determine eligibility for a governmental service, benefit or program that requires the information before a job offer is made; or D. In order to provide it to a governmental entity to participate in a governmental service, benefit or program that requires the information before a job offer is made. A request for such information must apply to all applicants involved in the selection process at the time the information is requested. Use of Information An employment applicant‘s Social Security number, date of birth and driver license number should not be used for any purpose except hiring and/or as outlined in this policy or required by law (e.g., government reporting). Such applicant information should not be used for marketing, profiling, reselling or any similar use. Such information may be used by the University if the applicant applies for another position with the University or, if the applicant is hired, the information may be used for performance review or job promotion purposes. March 2010 15 Retention and Confidentiality of Information The applicant information referred to in this policy shall be retained under the following circumstances: A. If the applicant is hired, the information shall be maintained as part of his/her personnel file; B. If the applicant is not hired, the information shall be retained for no longer than two years after the date the applicant provided it, unless otherwise required by applicable law. C. All such application information shall be maintained as confidential and provided to the University representatives only on a need-to-know basis. The University shall provide a copy of this policy, upon request, to any applicant for employment. March 2010 16 Section 2040 Employment-at-Will Although the WGU hopes its employment relationship will be a long and rewarding one, WGU policy provides that all employees are considered Employees-at-Will. Employment may be ended by the University without notice, at any time and for any reason, with or without cause. Employees, likewise, may terminate employment at any time, for any reason. March 2010 17 Section 2050 Employee Relations Positive interaction between fellow employees and those whom WGU serves directly, affects the success of the University. The performance of one person can impact the entire service offered. At WGU, employees are expected to act professionally and not detract from the morale or productivity of their fellow employees. Open communication is also important for the success of WGU and its employees. Although, WGU believes that the work conditions, wages, and benefits it offers to its employees are competitive with those offered by other employers in this area and in this industry; if employees have concerns about work conditions or compensation, they are strongly encouraged to voice these concerns openly and directly to their respective supervisor(s) and Human Resources. An employee‘s primary responsibility is to know his/her specific duties and to perform them promptly, correctly and professionally. If ever in doubt - ask. Employees are encouraged to work with Leadership and fellow employees to maintain a proactive team attitude and to pursue opportunities for personal development that are offered. A note to new employees: You help create the helpful, pleasant, and safe working conditions at WGU. Your dignity and that of fellow employees is of the highest importance. WGU needs your help in making each working day enjoyable and rewarding. The success of WGU depends upon the quality of the relationships between WGU, its employees, and its students. WGU students' impression and their interest and willingness to use WGU services are greatly formed by the people who serve them. Regardless of your position, you are an ambassador. The more goodwill you promote, the more WGU students will respect and appreciate you and WGU. March 2010 18 Section 2060 Equal Employment Opportunity (EEO) EEO Commitment Equal Employment Opportunity has been, and will continue to be, a basic principle at WGU. Employment at WGU is based upon merit, ability, and qualifications. No qualified applicant or employee is to be discriminated against because of race, color, age (40 and over), sex, pregnancy, gender, disability, national origin, ethnic background, genetic information, military service, citizenship or any other characteristic protected by applicable law. Scope of EEO WGU‘s Equal Employment Opportunity commitment applies to all areas of employment including hiring, training, placement, promotion, compensation, and benefits. Employees who feel they are victims or witnesses of any possible violation of this policy should immediately report this fact to their supervisor, Human Resources, or any other member of management. WGU investigates questions and complaints promptly and as confidentially as possible under the circumstances. Employees should feel free to raise such concerns without fear of retaliation. WGU prohibits retaliation. Corrective Action WGU will take appropriate corrective action against any employee found to have violated this policy. March 2010 19 Section 2070 Family Educational Rights and Privacy Act The University understands that student information is personal. WGU is committed to safeguarding student information. As employees, WGU has access to student information and is expected to keep the information confidential and follow the Family Educational Rights and Privacy Act (FERPA). The act is included in the WGU Employee Handbook to ensure WGU knows and understands the act and WGU‘s responsibilities. The Family Educational Rights and Privacy Act of 1974 (FERPA) is a Federal law designed to protect the privacy of student education records. FERPA governs the release of education records and access to education records. The FERPA policy is intended to ensure students have the right to inspect and review their education records; the right to amend their education records as appropriate; and the right to control access to their education records. In situations where students are also employees of the University, WGU expect employees to respect their co-workers privacy and provide them the full protection provided by FERPA. Additionally, student employees are expected not to access, modify, or delete their student record or information. For more detailed information on FERPA, please refer to Appendix A of this Handbook. March 2010 20 Section 2080 Harassment and Retaliation All Harassment is Prohibited WGU believes that all University employees have the right to work in an organization free of discrimination, harassing conduct, and unwelcome sexual advances or requests for sexual favors. Verbal, physical, or other communication or conduct by an employee, supervisor, customer, or supplier, which harasses, disrupts, or interferes with another's work performance or which creates an intimidating, offensive, or hostile environment will not be tolerated. All types of harassment, whether based on race, color, age (40 and over), sex, pregnancy, gender, disability, national origin, ethnic background, genetic information, military service, citizenship or any other characteristic protected by applicable law, are unacceptable work behavior and expressly prohibited. Same sex, as well as heterosexual harassment, is prohibited. This policy applies to anyone an employee encounters while on the job. Examples of Harassment Harassment may include conduct (both overt and subtle) that demeans another person or shows hostility toward an individual because of a protected characteristic such as those listed above. Examples include but are not limited to: teasing, sexist or racist comments, unwelcome advances, leers, repeated requests for a date, inappropriate touching, pinching or patting, practical jokes, offensive or lewd remarks, inappropriate personal questions, showing or posting inappropriate pictures or cartoons, and offensive use of the internet, e-mail, voice mail, and other communication systems. Inappropriate conduct may exist when: Submission to such conduct is made an explicit or implicit term or condition of employment; Submission to or rejection of such conduct is used as a basis for an employment decision affecting an individual; Or such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. Protection Against Retaliation WGU prohibits retaliation against an individual who makes a complaint, opposes action in violation of this policy, reports a possible violation of this policy or participates in any investigation or proceedings related to any such complaint. Retaliation can take many forms and may include more formal job actions (e.g. March 2010 21 termination, discipline, demotion, denial of pay or promotions) and less formal job actions (duty or shift changes, verbal abuse), if either actions materially deter someone from engaging in activity protected by the law, such a making a complaint. Retaliation, including retaliatory harassment, is a serious violation of this policy and should be reported immediately in the same manner outlined above for which other possible policy violations are to be reported. Any person found to have retaliated against another individual will be subject to discipline, up to and including discharge. Responsibility All University employees, particularly supervisors and Managers, have a responsibility for keeping WGU‘s work environment free of harassment and retaliation. Any employee, who becomes aware of any conduct that may violate this policy, whether by witnessing the incident or being told of it, must report it to their immediate supervisor, to any management representative with whom they feel comfortable, or to Human Resources. When management becomes aware that a problem may exist, they are obligated by law to take prompt and appropriate action, whether or not the victim wants the University to do so. Human Resources should be immediately notified of any such concerns. Reporting Procedures An employee who believes that he/she has been subjected to conduct violating this policy or who has questions regarding this policy is strongly encouraged to immediately contact his/her supervisor. If the person doing the conduct is your direct supervisor or if you are uncomfortable speaking with your direct supervisor about the conduct, you should immediately contact the Human Resources Manager, or any other member of management. WGU will investigate questions and complaints promptly and as confidentially as possible under the circumstances. Employees should feel free to raise their concerns or make complaints without fear of retaliation. WGU prohibits retaliation. March 2010 22 Corrective Action An employee found to have participated in any inappropriate conduct prohibited by law or this policy will be subject to corrective action up to and including termination. March 2010 23 Section 2090 Health Information Confidentiality Policy Western Governors University understands that its employees‘ medical and health information is personal and is committed to safeguarding and protecting confidential health information that identifies employees or could be used to identify employees and relates to a physical or mental health condition or the payment of health care expenses. To ensure the confidentiality and security of all employee protected health information contained in WGU records, The University maintains appropriate physical, electronic, and procedural safeguards including restricting access to protected health information to WGU vendors and employees who need to know the information for the purpose of treatment, payment, and other health care related activities. March 2010 24 Section 2100 Home Office Policy Working from home is a voluntary work alternative that may be appropriate for some employees and some positions. This arrangement eliminates time driving to and from work and it saves on gas and vehicle maintenance. Although the University supports the flexibility and advantages of employees working from home, it is not an entitlement or University-wide benefit; and it does not change the terms and conditions of employment with the University. WGU expects employees who work from home to work their assigned schedule from a dedicated, quiet, in-home office, which is supported by reliable, high-speed Internet access and telephone service. Employees must alert their manager to Internet outages or other circumstances, which may limit their ability to honor this fundamental, work from home employment requirement. Working from home is not designed to be a replacement for appropriate child care. Although an employee‘s schedule may be modified to accommodate child care needs, the focus of the arrangement remains on job performance and meeting student needs and business demands. Employees are expected to reduce or eliminate background noise to prevent interference with quality telephone conversations. WGU encourages employees to discuss expectations of telecommuting with family members prior to transitioning home and make the appropriate child care arrangements. The University‘s mission is to provide a flexible education for students and requires that employees are available to assist students beyond traditional business hours, 8:00 am to 5:00 pm Monday through Friday. The University promotes working from home to increase the hours WGU employees are available to students. WGU expects workfrom-home employees to regularly provide office hours outside traditional work hours. As a part of the work-from-home opportunity, employees are required to conduct business from their dedicated, in-home offices using University issued laptops and telephones, or from the University‘s Salt Lake City or Phoenix facilities (and not, for example, from a cellular telephone or from locations outside their homes) with full access to the tools they need to conduct their work. Travel–related exceptions to this policy (requests to work from a family member‘s home, or a hotel room, for example) must be pre-approved by the employee‘s manager. Required Internet connectivity: WGU issues laptop computers and Voice-over-IP (VoIP) telephones to work-from-home employees. To provide for an acceptable level of productivity and practical use of the VoIP, a work-from-home employee is expected to arrange for an Internet Service Provider (ISP) meeting the following requirements: March 2010 25 A wired broadband internet connection with a rated speed of at least 1.5mbps (megabits per second), with not less than 384kbps (kilobits per second) of rated upload capacity. Because actual ISP (internet service provider) performance may vary widely, the University may require an employee to change providers if their current provider delivers substantially less than rated capacity. More speed will improve the work experience, and WGU strongly recommends obtaining the maximum speed available in your area within the limits of the reimbursement. Wireless and satellite connections will not provide adequate performance due to latency problems with these technologies. Obtain and install a suitable broadband router and network wiring, as necessary to provide for wired network connections to the provided VoIP phone and laptop computer, in their in-home office. WGU requires work-from-home employees to use ISP‘s that clearly connect with WGU‘s data center. In the event the employee's ISP does not work well with WGU‘s data center the employee will be required to change their ISP carrier, to ensure the VoIP works well. Telephone quality and service: WGU issues a VoIP telephone to each work-from-home employee for WGU business, not for personal telephone calls. WGU does not reimburse employees for home telephone service, cellular telephone service, or for long distance telephone calls made from home telephones except under the circumstances detailed in this policy. WGU provides the VoIP telephone for University business use. Even though WGU uses VoIP technology, WGU engages outside carriers who route calls across traditional phone platforms, which cost the University and is not designed for personal telephone use. March 2010 26 Security: Work-from-home employees are expected to ensure the protection of confidential and proprietary University and Student information accessible from their home offices. Steps include, but are not limited to, use of locked file cabinets, disk boxes and desks, regular password maintenance, and any other appropriate for the job and environment. Expense reimbursement: The University pays each work-from-home employee a flat expense reimbursement per pay period to cover the cost of his or her high-speed internet service, telephone service, and office supplies. Contact the Human Resource or Finance Department for the current per pay period reimbursement. WGU does not reimburse employees for monthly office supply expenses such as printer cartridges, printer paper, note pads, et cetera. The majority of work can be done electronically with soft copies of documents being used as needed. This promotes a ‗paperless‘ environment and conserves on paper and supplies. WGU also does not provide reimbursement for the following items: Internet installation or upgrade expenses Second telephone line Shipping and postage expenses Employees must send copies of their internet bills and business expenses for the prior year to Accounts Payable at the University, by January 31, to comply with the Internal Revenue Service‘s, business expense documentation requirements. WGU requires prior authorization from managers for all other business and travel related expenses. WGU understands that not all circumstances are the same and in the event, there are conditions that do not fit the above instructions; exceptions to the policy maximum may be granted on an individual basis. WGU routes all requests for exception through the respective senior department executive for consideration. The opportunity to work from home can be discontinued at any time at the discretion of the University. Every effort will be made to provide 30-day notice of such a change to accommodate commuting, child care and other problems that may arise from such a change. There may be instances, however, where no notice is possible. March 2010 27 Section 2110 Immigration Policy The University is in compliance with the Immigration Reform and Control Act of 1986, which requires that every newly hired employee complete an I-9 form and verify his/her, identity, and eligibility to work in the United States. As a condition of employment, each new employee must properly complete, sign, and date the first section of the Immigration and Nationalization Service form I-9. Substantial documentation must be presented to the Human Resources representative before an employee begins working at the University. Foreign citizens offered employment with the University may receive up to $2,500 legal expense reimbursement related to obtaining their H1B approval (permission to work in the United States). March 2010 28 Section 2120 Internet and Electronic Media Policy Computers, computer files, the e-mail system, and software furnished to employees are the University‘s property intended for business use. Employees should not use a password, access a file, or retrieve any stored communication without authorization. The University strives to maintain a workplace free of harassment and sensitive to the diversity of its employees. Therefore, the University prohibits the use of computers, and the e-mail system in ways that are disruptive, offensive to others, or harmful to morale. For example, the display or transmission of sexually explicit images or ethnic slurs, racial comments, off-colored jokes, or anything that may be construed as harassment or showing disrespect for others. To enforce this policy and other policies, the University reserves the right to conduct such searches of its property as it determines are appropriate, including searches of personal information stored in the University‘s e-mail and computer systems. The property that may be searched includes e-mail systems, computer hard drives, computer floppy disks or flash drives, CD-ROMs, and other electronic data storage devises. Accordingly, information that an employee considers to be private and confidential should not be stored in or accessed through the University‘s information systems. March 2010 29 Section 2130 Military Service WGU is committed to protecting the job rights of employees absent on military leave. In accordance with federal and state law, it is the University‘s policy that no employee or prospective employee will be subjected to any form of discrimination based on that person's membership in or obligation to perform service for any of the Uniformed Services of the United States. Specifically, no person will be denied employment, reemployment, promotion, or other benefit of employment based on such membership. Furthermore, no person will be subjected to retaliation or adverse employment action for exercising his/her rights under this policy. If an employee believes that he/she has been subjected to discrimination in violation of this policy, the employee should immediately contact the Human Resources if Human Resources is unavailable or unable to be of assistance they should contact the Chief Financial Officer. For more detailed information on military service, please refer to Appendix B of this Handbook. March 2010 30 Chapter 3000 Employee Status and Personnel Records 3010 Employee Classification 3020 Personnel Files and Records 3030 Reference Requests March 2010 31 Section 3010 Employee Classification WGU employees are classified into several categories: Temporary, Part-Time, or FullTime, and Exempt or Non-Exempt. Classifications are important in determining eligibility for various benefits, overtime, and to clarify employment status. Since employees are employed at-will for unspecified durations, established classifications do not guarantee employment. Each employee's position is designated as either Exempt or Non-Exempt: Non-Exempt Non-Exempt employees receive overtime pay for work in excess of 40 hours in a workweek or otherwise as required by law. Their work and pay are determined based on their actual hours worked. Exempt Exempt employees hold positions which meet specific tests established by the Fair Labor Standards Act (FLSA) or other applicable laws. They are paid on a salary basis and provide at least the minimum salary required by law for exempt status. They are not eligible for overtime pay. In addition to each of the above categories, each employee belongs to one of the following employment categories. Full-Time Full-Time employees are hired to work the University's normal 40-hour workweek on a regular basis. Generally, they are eligible for full benefits subject to the terms and conditions of each benefit program. Part-Time Part-Time employees are scheduled to work less than 35-hours per week indefinitely on a regular or irregular basis. Part-Time employees are not eligible for benefits as detailed in each benefit and leave program. Temporary Temporary employees are hired for defined projects and/or limited timeframes and are not eligible for University benefits. Employment beyond any initially stated period does not imply a change in employment status. As with all other employees, Temporary employees remain Employees-at-Will throughout their employment. March 2010 32 Section 3020 Personnel Files and Records Updating Information Records and information regarding each applicant, employee, and former employee are kept by Human Resources to ensure compliance with government requirements and to support benefit programs and employment actions. It is important that records are accurate and current. Therefore, employees are asked to notify Human Resources of any changes in: Name and/or marital status Address and/or telephone number Number of dependents (W-4 dependent information) Emergency contact person Immigration status Military status Insurance beneficiaries Driver‘s license or vehicle insurance status Access to Files Human Resources files are University property and therefore access to them is restricted unless applicable law requires otherwise. Generally, only management personnel have access to the files. Except as otherwise required by law, employees may review their own records by making a written request for an appointment with Human Resources. A member of Management must be present during any employee review of records. Copies of the records may be made, unless applicable law requires otherwise, only at WGU‘s discretion. However, under no circumstances may a file be removed from Human Resources. Contact Human Resources for additional information. March 2010 33 Section 3030 Reference Request Refer All Requests to Human Resources WGU directs all reference requests and inquiries regarding current or former employees to Human Resources. No employee may provide a letter of reference for any current or former employee without Human Resource‘s permission. No Verbal Release of Information Any information regarding current or past employees will typically not be provided over the telephone, although the University reserves the right to provide information over the telephone as it deems appropriate. Human Resources will typically respond in writing only to reference requests that are submitted in writing. Limited information such as verifying name, dates of employment and job title will be provided without the written consent and release of the individual involved. March 2010 34 Chapter 4000 Employment Practices 4010 Complaint Procedure 4020 Corrective Action 4030 Fraternization (Dating co-workers) 4040 Hiring of Relatives (Nepotism) 4150 Internal Position Transfers 4060 Medical Examinations, Drug Testing, and Health Certification 4070 Outside Employment (Moonlighting) 4080 Performance Appraisal 4090 Serious Illnesses and Medical Conditions 4100 Termination of Employment March 2010 35 Section 4010 Complaint Procedure Informal Problem Solving WGU seeks to promote an atmosphere where employees are comfortable in voicing their concerns and raising employment related issues. Therefore, employees are encouraged to speak informally and discuss any problems directly with their supervisor so that appropriate actions may be taken. The University is committed to ensuring a responsive and fair problem solving process at the lowest possible organizational level and encourages this same commitment from all employees. If such informal discussions fail to resolve an employee's concerns, he/she is encouraged to utilize WGU‘s more formal complaint procedures. Formal Problem Solving Documentation in Writing: If an employee feels that a formal complaint is appropriate he/she should provide a written, detailed explanation to his/her supervisor of the problem and related events along with a summary of how the employee would like to see the problem resolved. Complaints must be submitted promptly, generally within five business days. When a complaint to an employee's supervisor may be inappropriate under the circumstances, he/she may submit a complaint directly to Human Resources. Appeal: If an employee is dissatisfied with a supervisor's decision, he/she may appeal within five days in writing to Human Resources. Human Resources Assistance Employees are also encouraged to utilize Human Resources for consultation at any stage in the problem-solving process. WGU will attempt to resolve the problem as quickly and as confidentially as possible. WGU investigates all complaints of discrimination and harassment prohibited by WGU and applicable law. March 2010 36 Procedures Are Guidelines This policy is only a guideline. The University reserves the right to take action, in response to complaints, as Management deems appropriate. Comments and Suggestions WGU recognizes the value of discussing various issues, concerns, or suggestions for improvement. WGU offers multiple avenues for employees to communicate concerns, including a suggestion box located in Human Resources for all employees to use. Staff meetings also provide opportunities for open discussion and comments. It is the policy of WGU that ALL employees have the opportunity to raise issues or concerns, as well as offer input and suggestions. The University will not tolerate retaliation by supervisors, or co-workers. March 2010 37 Section 4020 Corrective Action Employee Responsibilities WGU expects all employees to comply with the University's standards of behavior and performance. The University will take corrective action to remediates any noncompliance with these standards. Possible Corrective Action Examples of corrective action include oral warnings, written reprimands, performance improvement plan, suspension, probation, demotion, and termination. However, nothing in this policy alters the at-will relationship between the University and its employees and all corrective action policies are guidelines. In cases of serious misconduct or performance problems, an employee may be suspended or terminated immediately. Management Discretion The University is not obligated to utilize any particular corrective action. WGU deals with each situation on a case-by-case basis in the sole discretion of Management. March 2010 38 Section 4030 Fraternization (Dating co-Workers) The University reserves the right to take action when the relationships or the associations of employees adversely affect its legitimate business interests. Employees should become familiar with the University's policies regarding restrictions on relationships, entertainment, travel, and conflicts of interest. For example, employees may not accept gifts from WGU vendors, in violation of WGU conflict of interest policy. Similarly, employees who are traveling on University business are expected to conduct themselves with decorum after hours. Likewise, inappropriate conduct at a Universitysponsored event can result in discipline. Under the fraternization policy, the University strives to avoid the appearance of favoritism, sexual relationships, and potential problems in the area of control and audit. For example, employees who live with each other may not supervise one another. supervisors and employees should not have a relationship or arrangement that could compromise their work relationship. Before engaging in a possible questionable relationship, WGU recommends that employees consult with Human Resources first. In general, there are not to be relationships between employees and their supervisors, between employees with purchasing authority and vendors, between employees with student responsibilities and students, or between employees with audit functions and the employees, they audit. In other words, relationships that call into question your ability to carry out your job functions in the best interest of the University are not appropriate. Not every relationship that can create the appearance of favoritism, or undermine audit functions, can be listed here. Whenever an employee enters into a relationship with another employee, vendor or student, he/she should ask whether there may be an appearance of favoritism if the association makes others uncomfortable or whether an audit function may be compromised. When in doubt about the application of this policy, contact Human Resources. Please refer to the Conflict of Interest policy references to nepotism, and the confidentiality policy for other examples of inappropriate fraternization. Violation of the intent of this policy will result in discipline and/or if the behavior continues possible termination. This fraternization policy does not restrict off-duty conduct (unless such conduct directly impacts WGU‘s interests or operations), relate to religious practices, political activity, or association with protected groups. Employees on a leave of absence are subject to the same rules as other employees. March 2010 39 If two employees become subject to this policy's restrictions after hire, they must notify Human Resources. One of them must seek a transfer if any of the above restrictions pertain. If a transfer is not possible, the employees will have 30 working days to decide, which of them will terminate employment. Management retains complete discretion in approving all employee transfers and reassignments. March 2010 40 Section 4040 Hiring of Relatives (Nepotism) Conditions An employee's immediate relative, close friend or household member may be hired provided the applicant can perform the essential functions of the job and the employment would not establish a: Direct or indirect supervisory relationship; Real or apparent conflict of interest; or Potentially adverse work situation. For this policy, "immediate relative" includes spouse, parents, children, grandparents, grandchildren, sisters, brothers, aunt, uncle, niece, nephew and corresponding in-laws and step-relatives. This policy also applies to transfers and promotions. Employees Who Become Related If two employees become related, or otherwise become subject to this policy's restrictions after hire, they must notify Human Resources within 10 business days. One of them must seek a transfer if any of the above restrictions pertain. If a transfer is not possible, the employees will have 30 working days to decide, which of them will terminate employment. Management retains complete discretion in approving all employee transfers, and reassignments. March 2010 41 Section 4150 Internal Position Transfers WGU supports and encourages its employees to investigate and consider other jobs within the University. Smart, motivated employees continually look for opportunities to learn new things. WGU supports employees‘ career development and the opportunity to gain different experiences and learn new things by working in different positions. When evaluating a transfer, WGU wants to ensure that an employee‘s career needs and the University‘s business needs are carefully considered. Employees and their managers follow clear steps to propose and complete internal transfers efficiently. Managers should not recruit from other University departments. Internal transfers can help advance careers, develop new leaders, and sustain a satisfied and productive staff. WGU does not transfer staff members with significant performance issues. Eligibility Employees who are performing and have worked in their current role for a minimum of six months can transfer to another University position or department (Enrollment Counselors are required to be in current role for a minimum of twelve months). Employees must be in good standing and not on a performance improvement plan for at least 90 days before requesting a transfer. Any exceptions to this rule must be authorized by the employee‘s Manager. Process WGU asks employees to speak with their current manager regarding career goals within a department and ask for assistance in finding other opportunities within the University. If you have identified a new position, you must notify your manager of your interest to transfer before submitting your resume for consideration. Hiring Manager confirms the current manager has been informed of the employee‘s interest to be considered for the open position and that are no issues with the potential transfer. The Hiring Manager interviews the employee and reviews qualifications. If the position being offered is deemed a promotion, the new manager reviews the offer with HR to confirm the position level and any applicable compensation changes. Once the new manager is ready to offer the job, they should call the employee‘s current manager to discuss the offer and transition details and transfer date. Once the details of the transition and transfer date have been worked out, the new manager may make the offer to the employee and initiate the internal transfer through Human Resources. March 2010 42 Section 4060 Medical Examinations, Drug Testing, and Health Certification Exams and Testing As a condition of continued employment, employees may be required to undergo periodic medical exams and drug screenings. Medical inquiries, examinations, and drug testing may be undertaken at Management's discretion if job-related and consistent with applicable legal requirements. See the University's Drugs and Alcohol policy at Section 5060. A copy of the University's Drug and Alcohol Testing policy is available for review in Human Resources. Medical Certification Documentation of medical condition and/or suitability for work may be required at Management's discretion in certain situations (including absence from work, return from leave, request for leave, and request for an accommodation). Additional medical opinions may also be requested. Again, such actions shall be undertaken only consistent with WGU policy and applicable law. March 2010 43 Section 4070 Outside Employment (Moonlighting) Conditions WGU expects its full time employees to devote full attention and energy to their position at WGU. The University understands that some full time employees will choose to obtain a second, part-time job or engage in outside consulting or contracting, which is considered 20 or less hours per week. WGU discourages such employment but does not prohibit it, provided that: a) You inform your supervisor ahead of time and obtain his or her approval, b) The outside employment does not conflict with your hours of work with WGU, including any overtime requirements, c) Does not exceed 20 hours per week d) Does not impair your WGU performance in any way, e) Does not pose a conflict of interest, and f) Does not reflect badly on the University. Consultation with Management If you have a second, part-time job, or decide to take a second job, outside of WGU, you will be required to provide your supervisor with the name of the employer you are working for, the type of work you will be engaged in, including independent consulting or contracting, and your anticipated work schedule. Failure to notify your manager of outside employment will result in disciplinary action up to and including termination. Unless acting as a representative of the University, an employee should make clear at all times that he/she is acting on a private, personal basis and not as part of the WGU organization. Management approval should be sought if any doubt exists regarding the appropriateness of an employee's involvement in outside activities. If Interference Occurs If you are a full time employee with a second job, or if are part-time employee with other employment and the outside work affects your job performance at WGU or your ability to service WGU students, you will be asked to quit the outside employment. Refusal to terminate outside employment, which is negatively affecting your performance, will be grounds for discipline, up to and including, dismissal. Disclosure Every employee is required to sign an Outside Employment Disclosure notice annually. Failure to complete the disclosure or incorrectly completing the Disclosure is grounds for discipline, up to and including, dismissal. March 2010 44 Section 4080 Performance Appraisal All employees are strongly encouraged to regularly and informally discuss their job performance and goals with their supervisor. Additionally, more formal performance reviews are generally conducted annually. Reviews provide an opportunity for employees and supervisors to discuss job duties, employee strengths and weaknesses, mutual concerns, and long-term goals. Performance reviews and the appraisal process are subject to University discretion and may be changed or eliminated, as Management deems appropriate. Performance Appraisal is intended to be an ongoing process of communication between the supervisor and the employee, focused on helping the employee achieve his/her best workplace results. An effective Performance Appraisal system accomplishes the following goals: Provides direction and clarifies performance expectations; Provides feedback and coaching to the employee concerning job performance, both what is done well and what needs improvement; Identifies training and professional development needs; Serves as documentation of performance; and Serves as data for human resource decisions. The underlying principles that guide the performance appraisal system at WGU are: Performance Appraisal is a shared commitment to high performance. Performance Appraisal balances autonomy and accountability at the individual and organizational levels. Performance and continuous learning are encouraged and supported. Performance Appraisal Guidelines WGU supports a Performance Appraisal System that should include the four components listed below. With each employing unit, these items may not be present, or they may be present in another form. They do not constitute terms or conditions of employment. March 2010 45 A. Goal Setting WGU attempts to communicate clear performance expectations. These expectations should help the employee align individual goals with those of WGU. B. Coaching Coaching employees for improved performance is an integral part of performance Appraisal. Coaching may take various forms, from observation and informal direction to formal meetings and written documentation. This should occur on a regular basis. C. Multiple Sources of Feedback To increase the potential for improvement, it is helpful for employees to receive feedback from more than one source. Other managers, peers, and direct reports can provide important feedback to supplement the observations of the employee‘s supervisor. D. Performance Review This is the culminating communication of the performance cycle, focusing on areas of achievement, areas for improvement, and goals for the future. The performance review component warrants particular guidelines due to its significance in providing data for critical human resource decisions. All employees may be reviewed annually. March 2010 46 Section 4090 Serious Illnesses and Medical Conditions Employees with serious illnesses or medical conditions (including but not limited to cancer, heart disease, HIV, and AIDS) may wish to continue their active employment. Such employees who are able to meet acceptable performance standards and whose conditions do not threaten themselves or others may continue to work. WGU will provide reasonable accommodations as required under the Americans with Disabilities Act (ADA) and other applicable laws. Discrimination or harassment based on an employee's medical condition will not be tolerated. Employees requiring accommodations or who may have concerns or questions relating to this policy should contact Human Resources. March 2010 47 Section 4100 Termination of Employment In the absence of a specific written agreement, employees may resign at any time. The University also has the right to end an employment relationship at any time, with or without notice or cause and for any legal reason. No supervisor (except the President using a signed, written employment contract) has authority to enter into an employment agreement for any specified time-period. Resignation Notice: All employees should provide an advance written notice of their intention to leave the University. The notice should state the reason for the resignation and give the date of departure. All employees are requested to give at least 2 weeks' notice. Vacation or personal days may not be included in the notice period. Employees who fail to give proper notice may be ineligible for reemployment and may lose certain benefits that are not formally accrued. Withdrawal of Resignation A withdrawal of resignation may not be allowed without the permission of Human Resources. Exit Interviews Human Resources normally conduct an exit interview with a departing employee to review transition of employee benefits, determine the employee's reasons for leaving, and opinions regarding the workplace. The time is also used to arrange for the return of University property and to answer employee questions regarding benefits and other issues. Such interviews are generally conducted during the last week of employment. Paychecks Terminated employees and those who resign will be paid as is required by applicable State law. Payment for accrued vacation will be provided at termination. However, no payment will be made for accrued sick or other leave days unless otherwise required by law. March 2010 48 Benefits Benefits, including health and dental insurance, end on the last day of the last month in which the employee works. Flexible Spending Accounts (FSAs), retirement, life insurance, and disability benefits end on the last day of employment. Employees, unless terminated for gross misconduct, may choose to continue their medical and FSA benefits under COBRA. Contact Human Resources for more information. University Property All employees will be expected to return all keys, records, documents, computers, telephones and any other property belonging to the University prior to, or upon the end of their employment with the University. By acknowledging receipt of this Employee Handbook and signing the acknowledgement, if an employee fails to return University property in good condition, that employee authorizes the University to deduct the cost to repair or replace the equipment (as determined by University) from the employee‘s final paycheck (including compensation, expense reimbursement, or other funds). The employee hereby voluntarily authorizes the University to do so if necessary. Rehire An employee re-hired after a 90-day break in service shall in every respect be treated as a new employee. March 2010 49 Chapter 5000 Employee Responsibilities 5010 Appearance and Dress Code 5020 Attendance and Dependability 5030 Communication and Information Systems 5040 Confidentiality 5050 Conflicts of Interest 5060 Drugs and Alcohol Appendix C: Drug & Alcohol Testing Policy 5070 Emergency Closing 5080 Employee Conduct and Work Rules 5090 Office Organization and Housekeeping 5100 Office, Postal Service, and Copy Machines 5110 Personal Cellular Telephones 5120 Personal Property, Searches, and Inspections 5130 Personal Stereo Usage 5140 Public Relations 5150 Safety 5160 Silent Monitoring 5170 Smoking 5180 Solicitation and Distribution Activities 5190 Workplace Violence March 2010 50 Section 5010 Appearance and Dress Code The nature of WGU‘s business demands that an employee's appearance reflects an appropriate professional image and be consistent with an employee's particular duties. Dress, grooming, and hygiene should be appropriate to the nature of work, degree of customer contact, expected business standards, and the need to maintain job safety. Employees working at WGU‘s offices, participating in a video conference, attending a University sponsored event, or on travel for the University, should dress in a business casual manor that does not negate our professionalism. Remember, if you could comfortably wear your outfit to the beach, to a dance club, or to relax in your backyard, it is not appropriate for work. Employees improperly groomed or dressed will be sent home to address the problem on their own time. Dress slacks and those that are similar to Dockers are acceptable. All slacks must come below the knee to be considered business casual, therefore, Capri‘s are acceptable, Bermuda shorts, are not acceptable. Prohibited Attire Extreme, immodest, lewd, or revealing attire, spaghetti strap tops, bare midriffs, pants that hang so low on the torso that they are revealing are not permitted at any time. Also not permitted are torn or holey jeans, tee shirts that look like undershirts, sweats or exercise cloths, beach attire including flip-flops and sandals are not permitted. Casual Days On designated "casual dress days," employees may wear more informal attire than usual. However, employees are still required to wear modest, neat, and clean clothing and look professional. Special Dress Standards As designated by Management, specific dress standards may be required of employees in some positions. Employees who travel outside the office on University business are expected to adhere to all established dress standards. March 2010 51 Section 5020 Attendance and Dependability Absenteeism and tardiness burden co-workers, disrupt business operations, and reduce the quality of customer service. Therefore, good attendance, punctuality, and dependability are required of all employees. Attendance and tardiness problems reduce an employee's opportunity for advancement and will result in corrective action up to and including termination. University Expectations Employees are expected to be at work and to return from breaks as scheduled. Employees are also expected to be at their workstations, performing assigned work during all work hours, and to work any assigned overtime. Employees are not permitted to leave work before their scheduled quitting time. Notification of Absence/Tardiness Prompt Notice Required: Employees are expected to give their supervisors as much advance notice as possible (calling no more than thirty minutes (30) after scheduled starting time) of anticipated tardiness, absence, or of the need to leave early. Employees should explain the reason for the absence or tardiness and when they will return to work. Supervisors should be personally notified on a daily basis unless a return to work day has been established or an alternate arrangement has been established. Personal Notification Required: Leaving a voice mail, email, or having someone call for the employee (except in unusual circumstances) does not satisfy this requirement. Another supervisor or Human Resources should be notified if an employee is unable to reach his/her supervisor. Notifying another employee is not acceptable. Employees should also maintain regular contact with their supervisor during any extended absences. Absenteeism Without Notification: If you do not show up for work more than two days it is considered job abandonment and will result in immediate termination. March 2010 52 Make-up Time Management's permission is required for employees to make up missed work time. Make up work should occur very infrequently, may not be used to compensate for frequent tardiness or absences, and may not be allowed if it would cause the employee to work overtime. Attendance and punctuality requirements vary by department and individual position work requirements. Therefore this policy may be enforced differently between department within the University and within a department. March 2010 53 Section 5030 Communication and Information Systems The WGU communications systems (including telephone, cellular telephone, fax, photocopy machine, voice mail, e-mail, computer files, and Internet systems) are provided for business purposes and are University property. Consequently, the University may intercept, monitor, review, and disclose any communication or files as business needs require. Messages or files created, sent, or received are not an employee's private property. Employees should have no ownership or privacy expectations regarding communications or data sent over University information systems. Employment and/or continued employment constitute consent to monitoring of the same. All communications both inside and outside the University should be professional, business-like, and courteous. Employees are prohibited from: Engaging in illegal, fraudulent or malicious activities, including unauthorized copying or distributing of software, hacking, monitoring or breaking into a system which the employee does not have permission to access; Sending, storing, viewing or downloading offensive, obscene, sexually-oriented, racially offensive or defamatory material; Disclosing confidential information or trade secrets; Harassing or annoying other individuals or interfering with their productivity; Using encryption methods without prior University approval, which includes making any passwords available to the University; and Any other usage that violates University policy or is inconsistent with the University‘s interests. Improper use of systems and equipment may subject an employee to discipline. March 2010 54 Passwords All passwords must be disclosed and remain University property. To ensure security, confidential passwords should not be shared with co-workers. While employees should treat all messages as confidential and should not try to access another employee's mail or files, they should be aware that the confidentiality of messages cannot be guaranteed. Passwords do not completely guarantee security and messages that are erased may be retrieved and read. Personal Usage University communication systems are provided by WGU primarily for employees‘ business use. Limited, occasional, or incidental use for personal, non-business purposes is understandable and acceptable. Employees should be careful not to abuse this privilege. WGU has the discretion to determine when this has occurred. Employees may be disciplined and/or terminated for excessive personal use of these systems. At no time should employees expect their communications or data to be private when using these systems, regardless if usage is personal or business-related. Security To ensure the integrity of WGU communication systems, it is critical that employees follow all established security policies and procedures. March 2010 55 Section 5040 Confidentiality Maintaining confidentiality is a condition of employment. Employees are responsible for acting with complete professionalism when discussing University business or handling University information. Information, files, documents, records, plans, and other material relating to the University, its employees, and customers is considered confidential. The University's general business affairs should not be discussed with anyone outside the organization except as required in the normal course of business. Inappropriate release of confidential information, either internally or externally will result in corrective action, including possible termination. All questions and requests for confidential information, including reference requests should be referred to the Human Resources Department. March 2010 56 Section 5050 Conflicts of Interest Employees (and their families or household members) may not participate in activities which conflict with or appear to conflict with the business interests of the University or which hurt their job performance. Examples of conflicts of interest include but are not limited to: Accepting gifts, cash, discounts, and entertainment from business contacts that could be interpreted as given to influence an employee's actions. Employees may accept nominal gifts such as pens, calendars, Christmas candy, and meals; Working for an organization or having outside business interests which compete with the University or engaging in work that interferes with job performance at WGU; Receiving improper personal benefits (directly or indirectly) because of actions taken on the job; Improperly using University facilities, equipment, supplies, or University name; Developing a relationship with a customer or other business contact which may jeopardize an employee's independent judgment; Processing transactions involving personal business, family, friends, and associates. Such transactions should be referred to Management; and Providing inappropriate ―discounts‖ to select accounts. Employees who violate University conflict of interest policies will be subject to corrective action including termination. Employees should contact their supervisor or Human Resources if they have questions or if they receive an inappropriate gift. March 2010 57 Section 5060 Drugs and Alcohol Western Governors University has a strong commitment to maintaining a drug-free, healthy, and safe workplace. Consequently, the following are examples of acts strictly prohibited while on University property or work sites, while conducting University business off-site, or while operating any vehicle while on University business: The use, possession, purchase, sale, or distribution of any illegal drug, alcohol, or non-prescribed controlled substance; and Being under the influence of, or having within the bloodstream or bodily systems, alcohol, illegal drugs, or controlled substances which could impair judgment, job performance, or behavior or which could threaten employee safety. These activities are serious violations of University policy and subject employees to corrective action up to and including termination. Off-the-job use, possession, sale, etc. of alcohol, illegal drugs, or controlled substances may also subject an employee to corrective action if such actions affect job performance, workplace safety, or University interests. Additionally, the University reserves the right to conduct drug and medical tests on any employee or applicant at any time, unless prohibited by law. For more information on the University's Drug and Alcohol Testing Policy, refer to Appendix C of this Handbook. March 2010 58 Section 5070 Emergency Closing Severe weather, natural disasters, power outages, and other emergencies may require the closing of University facilities. When allowed by federal and state law, time off due to emergency closings or shortening of hours is unpaid, unless the University decides otherwise. Employees are required to take vacation time to cover the unpaid closing. Where possible, with managerial approval, Non-Exempt employees may be allowed to ―make-up‖ work hours missed due to such closings. Management will notify employees if the University will be closed on a regular scheduled workday or if the office will close early. Unless notified by management, employees are expected to be at work during their regular scheduled hours. Requests for time off work or leaving early must be made through your supervisor. Direct all questions regarding Emergency or Early Closures to Human Resources. If any office is closed due to severe weather, natural disaster, power outage, or other emergencies, management will use its discretion regarding allowing employees to work from home based on the business needs of the University. March 2010 59 Section 5080 Employee Conduct and Work Rules Rules and standards regarding employee behavior are necessary for the efficient operation of the University and for the benefit and safety of all employees. WGU expects all employees to meet established performance and conduct requirements. While it would be impossible to compile complete lists of expected behavior and/or unacceptable conduct subject to corrective action, the following guidelines provide a general outline of expectations. Performance Employees are expected to perform their jobs efficiently, effectively, and in accordance with established procedures. Examples of unacceptable performance include: Failure to meet quality or other performance standards and deadlines; Refusal to work overtime or failing to accept work assignments; Insubordination or failing to follow supervisor directions; Unprofessional conduct or rudeness to customers or co-workers; and Violation of safety rules. Attendance Employees are expected to arrive at work as scheduled and to return from breaks promptly. Examples of attendance misconduct include: Unexcused or excessive tardiness or absences; and Leaving work early or leaving University premises without permission. Honesty and Integrity Employees are expected to demonstrate honesty and professionalism in the conduct of all business activities, including observance of the spirit as well as the letter of the law. Additionally, employees are responsible for reporting any illegal or unethical actions of employees and non-employees to Management. Examples of unacceptable actions include: Willful or negligent damage, theft, or misuse of property; Falsification of University records or documents (including time records, absence reports, expense accounts, and other business records); March 2010 60 Failure to report injury or unsafe conditions or to cooperate in University investigations; Disclosing confidential information without authorization; Use of University time or equipment for unauthorized or personal purposes; Unauthorized transactions. Behavior Employees are expected to conduct themselves professionally and to meet established standards of behavior. Examples of unacceptable employee behavior include: Violation of dress and grooming standards or any University policy or procedure; Working under the influence of illegal drugs and/or alcohol; Possession, use, or sale of alcohol or illegal drugs at work; Using offensive, foul, or abusive language; Possession of guns, explosives, or other weapons on University property; Fighting with or threatening employees or non-employees; Harassment or discrimination of any kind (including sexual harassment); Any intentional or negligent act which endangers the safety, health, or wellbeing of another person; Misconduct or any act which disrupts work or discredits the organization; and/or Violation of University policies. The expected conduct and work rules outlined above are merely examples of the types of behavior that may subject an employee to corrective action. WGU, as an at-will employer, maintains complete discretion over corrective action and termination policies and practices. March 2010 61 Section 5090 Office Organization and Housekeeping WGU is proud of its office and take pride in keeping it clean and neat. While it is not your responsibility to clean the entire facility, WGU certainly does expect your participation in caring for the areas in which you work. Drawers, cabinets, and storage areas should be neatly arranged. This helps in controlling quantities of supplies and expedites the re-ordering process. Conference rooms or customer service areas are the most essential. Please make sure these areas remain clean and free of clutter at all times. WGU asks that employees leave the lunch and conference rooms as they found them, wipe tables off, clean whiteboards, and place food wrappers and papers in the trash before leaving. March 2010 62 Section 5100 Office Equipment, Postal Service, and Copy Machines University office equipment, copy machines, postal machine, and overnight shipping services are intended for business purposes. Limited personal use of these machines must be on a minimal basis, on personal time and may need to be approved by Management. Employees may request to utilize University office equipment, postal machine, and copy machines for large personal projects for a small fee by requesting authorization from their supervisor or Human Resources March 2010 63 Section 5110 Personal Cellular Telephone Usage The use of a personal cellular telephone during work hours is a privilege not a right. If management determines the use of a personal cellular telephone is a distraction to the employees work performance or that of their co-workers, WGU will ask the employee to terminate use of the cellular telephone during business hours. To ensure the quality of the working environment for all employees, WGU provides the following guidelines: In order to avoid distraction in meetings, cellular telephones either should be on the vibrate option, or turned off completely. Employees in customer service positions, such as Enrollment Counselors, Financial Aid, Progress, and Mentors, which require them to spend the majority of their workday answering or placing calls, should have cell phones turned off. Calls should be forwarded to voicemail; messages may be checked on breaks or at lunch only. March 2010 64 Section 5120 Personal Property, Searches, and Inspections Protecting Personal Property Employees will be assisted in protecting their personal property while at work; however, the University does not assume responsibility for theft, damage, or disappearance of such property. Consequently, employees should not keep valuable property or large amounts of cash at work. Good judgment should also be used when displaying personal items. Employees should ensure that such items are professional and do not hinder University functions or sales efforts. Searches and Inspections To ensure workplace security and safety, all University facilities, University property (including desks, workstations, lockers, files, etc.), and employee's personal property on University premises are subject to inspection without notice and upon request. Employment or continued employment is consent to the same. Employee Responsibilities All employees are responsible for assisting with the security of University property and work areas and any related investigations. Employees should immediately notify Management of any unfamiliar or suspicious persons in their work areas and offer assistance or escort such persons as is appropriate. March 2010 65 Section 5130 Personal Stereo Usage The use of a personal stereo during work hours is a privilege not a right. If management determines the use of a personal stereo is a distraction to the employee‘s work performance or that of their co-workers, WGU will ask the employee to take the stereo home. To ensure the quality of the working environment for all employees WGU provides the following guidelines: Employees may bring their own radio or stereo to work. Radios/stereos must be kept at a low volume as not to disturb co-workers. If the music is disturbing to others, headphones must be worn. When on the telephone, music should be muted to avoid distraction, and to help give the best impression possible to the other party on the telephone. It is expected that employees will use their own discretion and make every effort to be considerate of others. March 2010 66 Section 5140 Public Relations WGU's goal is to provide unequaled customer and business service. Employees are expected to be professional and to interact politely and patiently with all customers and business contacts. Employees should always attempt to satisfy customers' needs or questions and to build goodwill. Public relations problems should be reported to supervisors who may assist and provide suggestions for resolving problems. The University always welcomes employee input or suggestions regarding customer service, public relations, and improvement of total quality. WGU directs all requests for information, interviews, solicitations for articles about WGU, or quotes regarding WGU from outside sources, such as the press or news media to the WGU Public Relations department. March 2010 67 Section 5150 Safety Safety is the responsibility of each employee. Observance of safety rules and use of safety devices are conditions of continued employment. Such safety rules include: Reporting to your supervisor or Human Resources about: o Any work-related injuries and illnesses, no matter how minor; o Unsafe conditions or practices (reports may be made anonymously if necessary); and or o Suspicious persons, potentially violent situations, or persons possessing guns or other weapons. Using only tools and equipment which the employee is fully qualified and authorized to use and using all safety equipment, prescribed adaptive devices, and procedures; Providing safety suggestions; Restricting and monitoring visitor access to University facilities; and Observing the University ban on possession of deadly weapons on University premises including any vehicle in the parking lot, unless otherwise required by applicable law. Employees who violate University safety policies may be subject to corrective action up to and including termination. March 2010 68 Section 5160 Silent Monitoring To ensure the quality and content of information provided to WGU customers and students, and in accordance with applicable law, the University will conduct silent monitoring of telephone conversations, of employees engaged in student services such as Enrollment Counselors, Mentors, Placement Specialists, Assessment Schedulers, Financial Aid Counselors, and any other employee deemed appropriate by the University. Trainer/supervisor responsible for training and education will do such monitoring. All telephone calls made through the University‘s telephone system may be monitored. March 2010 69 Section 5170 Smoking WGU is committed to providing a work environment that supports employee health and safety and University productivity. For the protection of all employees and to ensure compliance with federal and state law, smoking, including chewing tobacco is not allowed in University buildings including any work areas, break rooms, and hallways. Employees who smoke or use chewing tobacco should do so outside in authorized areas at least 25 feet from the building during approved breaks and lunch periods. Employees who use their rest breaks to smoke should ensure that smoking areas remain clean and that scheduled break times are not exceeded. Visitors should also be asked to smoke outside. Any smoking controversy that cannot be satisfactorily resolved by the individuals involved and/or their supervisor should be referred to Human Resources. March 2010 70 Section 5180 Solicitation and Distribution Activities In order to minimize work interruptions and to maintain productive business operations, employee solicitation and distribution activities (such as soliciting contributions, distributing information or literature, gathering petitions, and soliciting memberships and dues) are restricted on University premises. Such activities are prohibited during working time, in work areas, on University bulletin boards, and throughout University communication systems, including e-mail. (Lunch and rest breaks are not considered working time.) The sale of goods and services is prohibited. At Management's discretion and as required by law, exceptions to this policy during non-working time may be allowed such as charity fund raising drives, employee gift solicitations, and business-related sales and service presentations. All posted or distributed information requires the prior authorization of Human Resources. March 2010 71 Section 5190 Workplace Violence Employee and customer safety and security is important to WGU. Therefore, unless required otherwise by applicable law, no employee (except authorized security personnel) may possess any weapon on University premises, including in any vehicle in the parking lot. This weapons ban includes non-security employees legally licensed to carry weapons. Employees will leave all weapons including mace, tasers, and similar items in their vehicles. Employees will not stalk, harass, or assault their co-workers, students, or customers. Employees who violate this policy will be subject to immediate discipline up to and including termination. March 2010 72 Chapter 6000 Compensation and Benefits 6010 COBRA - Insurance Continuation 6020 Insurance and Retirement Benefits 6040 Overtime 6050 Payroll Procedures 6060 Working Hours 6070 WGU Tuition Discount Benefits March 2010 73 Section 6010 COBRA – Insurance Continuation In some instances, employees and their dependents that lose or become ineligible for their group health insurance plans may pay for a temporary extension of coverage through the Consolidated Omnibus Budget Reconciliation Act (COBRA.) COBRA coverage is not automatic. Employees must inform Human Resources that an extension of coverage is desired and then complete and submit all required paperwork within the required time limits. You have 60 days from your last day of employment to enroll in COBRA. The following are examples of qualifying events and eligible beneficiaries under COBRA: Coverage may continue for up to eighteen (18) months upon an employee's retirement, termination (voluntary or involuntary), reduction of hours, layoff, or leave of absence. However, employees fired for gross misconduct are not eligible for coverage. Coverage for dependents may continue for up to thirty-six (36) months because of divorce/legal separation, ineligibility of a dependent child, a covered employee/retiree becoming entitled to Medicare, or because of the death of the covered employee/retiree. COBRA is a complicated and technical law. Contact Human Resources for complete information and assistance. March 2010 74 Section 6020 Insurance and Retirement Benefits WGU offers eligible employees various insurance and retirement benefits. Information summarizing these benefits is provided to participating employees periodically and as required by law. The programs outlined below are described in detail in official documents located in Human Resources. These documents are controlling and should be reviewed when specific questions arise. Benefit plans involving current, past, or retired employees may be changed or eliminated at any time at the University's sole discretion. Benefits Offered Eligible employees are provided a wide range of benefits in addition to those required by law (such as Social Security, Workers Compensation, and Unemployment Insurance). Eligibility depends upon a number of factors including employee classification (such as Full-Time, Part-Time, or Temporary) and time employed. Some plans require employee contributions and waiting periods. Benefits Plans Include: Health/Dental Insurance - The University has available health and dental insurance for all Full-Time employees (Temporary and Part-Time employees are not eligible for health/dental insurance benefits). Currently, the University pays for 75% of the premium for 2 party and family rates and 80% of the premium for single coverage. The University reserves the right to modify any part of this health benefits package at any time at the University's sole discretion. Life, Short-Term Disability, Long-Term Disability, AD&D Benefits - The University will provide life, long-term disability and accidental death and dismemberment insurance for all Full-Time employees (Temporary and PartTime employees are not eligible for life, short-term disability, long-term disability, AD&D benefits). Supplemental life insurance is available at the cost of the employee. See HR for more information on enrolling. Cafeteria Plan - The University will provide to all Full-Time employees (Temporary and Part-Time employees are not eligible for cafeteria plan benefits) a Cafeteria Benefit Plan to allocate a portion of their salaries or wages for certain group insurance, health care and/or child care expenses. Retirement Plan The University will contribute 3% of the annual gross salary and/or wages for all FullTime employees (Temporary and Part-Time employees are not eligible for retirement benefits) to the Teachers Insurance and Annuity Association-College Retirement Equity March 2010 75 Fund (TIAA-CREF) group retirement plan. The University will also match an additional 3% if the employee chooses to contribute on their own. Retirement benefits contributed by WGU will vest to the employee's account on the following schedule: End of 1st year of employment: 25 % End of 2nd year of employment: 25 % End of 3rd year of employment: 25 % End of 4th year of employment: 25 % March 2010 76 Section 6030 Overtime Employees may occasionally be required to work overtime hours to meet business needs. Management will attempt to schedule overtime fairly and consistently, however, advance notice may not always be possible. Failure to work overtime or working overtime without authorization may result in corrective action up to and including termination. Calculating Overtime Non-Exempt, Full-Time and Part-Time employees are eligible for overtime pay for work performed beyond forty (40) hours per week or otherwise as required by law. Exempt employees are not eligible to receive overtime pay. Prior approval of a supervisor is required before any Non-Exempt employee may work overtime. Work beyond 40 hours per week will be paid at one and one-half times the employee's hourly rate or regular rate, if different. Overtime is calculated based on a single workweek beginning at 12:01 a.m. on Monday and ending at 12:00 a.m. on Sunday. Based on "Hours Worked" As required by law, overtime pay is based on actual "hours worked." Time off for lunch breaks, sick leave, vacation, holidays, funeral leave, jury leave, leave of absence, or similar time off is not considered "hours worked" for calculating overtime. Other Applicable Law Some states provide for daily overtime (e.g., time over 8 hours in one day) or other requirements. WGU will comply with all such requirements of applicable law. March 2010 77 Section 6040 Payroll Procedures WGU seeks to provide fair, competitive wages and salaries that recognize each individual's unique contribution to the overall goals of the organization. Salary increases, when granted, are based on merit, job performance, position, market conditions, and University financial health. WGU also seeks to provide timely and accurate payment to employees in compliance with all applicable laws. Employees who have questions or concerns regarding any compensation programs or policies are encouraged to contact their supervisor or Human Resources. Salary policies and procedures are made at the University's sole discretion and may be unilaterally modified or revoked at any time. Pay Procedures WGU pays its employees biweekly. A pay period consists of 14 days beginning 12:01 a.m. on Monday and ending 12:00 a.m. on Sunday. If payday happens to fall on a scheduled day off (such as a holiday), checks will normally be distributed on the last working day before the scheduled pay date. Payroll is processed the Tuesday before the pay date to ensure employees are paid on the pay date. Paycheck Distribution Live paychecks will be given personally to employees on payday or, with an employee's authorization, deposited directly into an employee's checking or savings account. Arrangements for mailing or pick-up by another person must be made in advance and in writing with Human Resources. Under no circumstances will the University release any paychecks early and salary advances will not be made. Checks not picked up by 4:00 p.m. MST on payday will be mailed to the address on the check. Lost Checks Payroll must be notified in writing as soon as possible if a paycheck is lost so that a replacement check can be issued. However, the University is not responsible for a lost check if payment cannot be stopped. Stop payment processing fees are the responsibility of the employee. March 2010 78 Time Records To ensure that employees are accurately paid and that WGU is in compliance with applicable law, complete records of employee hours worked must be kept. Non-Exempt employees are required to record actual time worked including starting and ending time and time off for lunch. The use of accrued leave time, such as vacation or floating holidays must also be recorded on the ADP EZ Labor website. All overtime hours require prior approval of management. Employees should not work off the clock. If the employee has not entered their hours at the time payroll is processed the hours will not be paid out until the next pay period including not entering vacation time before going on vacation. Exempt employees are not required to record actual time worked but must account for daily attendance and record accrued leave days used. Salary deductions will be made in accordance with the revised FLSA for absences of Exempt employees if the employee is absent for personal reasons or because of illness or injury if he/she has yet to qualify for the leave plan or has exhausted his/her leave allowance. Salary employees are required to enter sick, vacation, and float time in ADP EZ Labor upon approval from their supervisor. DOE “Safe Harbor” Deduction Policy WGU complies with the salary basis requirements of the Fair Labor Standards Act (FLSA) and other applicable law. The University does not make improper deductions from the salaries of Exempt employees. Exempt employees are those employed in a bona fide executive, administrative, or professional capacity and who are exempt from the FLSA‘s overtime pay requirements. What Deductions Are Permitted? There are certain circumstances where deductions from the salaries of Exempt employees are permissible. Such circumstances include: o When an Exempt employee is absent from work for one or more full days for personal reasons other than sickness or disability; o When an Exempt employee is absent for one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness; o To offset amounts received as witness or jury fees, or for military pay; or March 2010 79 o For unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions. Also, an employer is not required to pay the full salary in the initial or terminal week of employment; for weeks in which an Exempt employee takes unpaid leave under the Family and Medical Leave Act or; for penalties imposed in good faith for infraction of safety rules of major significance. In these circumstances, either partial day or full day deductions may be made. What to Do If an Improper Deduction Occurs? If you are an Exempt employee and believe that an improper deduction has been made to your salary, you should immediately report this information to your direct supervisor, or to the manager of the Human Resources Department. Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, you will be promptly reimbursed for any improper deduction made. Care should be taken to ensure that time records are completely accurate. Falsifying any time record or completing another employee's record is strictly prohibited. Managers Managers are required to review and approve all of their employee‘s time cards in EZ Labor by 5:00 p.m. MST the Monday before the pay date in order to insure their employees will be paid. If there is an error in an employee‘s time card, the manager must submit a written request to HR@wgu.edu with explanation. The adjustment will be made in the next payroll. March 2010 80 Section 6050 Working Hours As allowed by law, the University reserves the right to schedule work hours as business and organizational needs require. Daily and weekly work schedules may be changed at the complete discretion of the University to meet varying job responsibilities and business conditions. While attempts will be made to establish steady and predictable hours, there are no guarantees of minimum or maximum hours and lack of notice is not an acceptable reason for refusing work. Lunch and Rest Breaks Full-Time Non-Exempt employees are generally scheduled to work eight (8) consecutive hours daily with mandatory unpaid 30-minute lunch break. WGU requires this lunch break to allow employees an opportunity to relax and "de stress." The length of the break may be changed with supervisor approval when business necessity requires. Part-Time employees who work more than 1/2 of a day will also receive an unpaid meal break. Full-Time Non-Exempt employees receive two paid 15-minute rest breaks in each eight-hour day. These breaks are required to be taken during the workday and cannot be combined as a lunch break. Employees who work through rest breaks may not leave work early and will not be paid additional compensation. Exempt employees are entitled to breaks as is appropriate. March 2010 81 Section 6060 WGU Tuition Discount Benefit Western Governors University currently offers bachelors and masters degree programs in education, business, information technology, health professions and nursing. After 6 months, full-time employees are eligible for a 75% tuition reduction provided a Satisfactory Academic Progress (SAP) is maintained. Tuition assistance is reduced to 50% if academic progress is below satisfactory level. A 50% tuition reduction is available to dependents, legal spouses and legal children, of full time employees. March 2010 82 Chapter 7000 Time Off 7010 Bereavement Leave 7020 Family Medical Leave Act (FMLA) 7030 Holidays & Personal Time 7040 Jury, Witness and Voting Leave 7050 Leave Policy (non-FMLA) 7060 Military Leave 7070 Sick Leave 7080 Vacation March 2010 83 Section 7010 Bereavement Leave Eligibility Full time employees are eligible to use bereavement leave. Part-Time and Temporary employees are not eligible for paid bereavement leave, but may (with Management approval) use unpaid leave to attend bereavement or handle family affairs. Time Allowed Bereavement leave of up to 3 days per incident with a maximum of nine days per twelve-month period with pay is provided in cases of death in the immediate family providing such a length of time is required. One day for local funeral‘s and 3 days for out of state or if you are the Executor of the Estate. Immediate Family Defined For the purposes of this policy, "immediate family" includes spouse, parents, children, grandparents, grandchildren, sisters, brothers, and corresponding in-laws and steprelatives. Non-Immediate Family and Close Friends In limited and unusual circumstances, paid bereavement leave may be provided to attend the bereavement of a non-immediate relative or close personal friend. Approval by Management An employee requiring bereavement leave should immediately inform Human Resources and his/her supervisor. In all instances, bereavement leave requires Management‘s approval. Extra Time If more than 3 days are needed because of travel time or extenuating circumstances, an employee may use vacation, leave or unpaid time off, if approved. Accrued sick leave may be used for bereavement leave with physician‘s note of explanation. March 2010 84 Section 7020 Family Medical Leave Act (FMLA) FMLA Eligibility Requirements: Eligible Employees: An employee who has been employed by the University for 12 months / 52 weeks as of the date the leave commences. During the preceding 12 months / 52 weeks, the employee must have worked a minimum of 1250 hours. Requests for leave before eligibility: In the event the employee notifies of the need for leave before the employee has met the eligibility requirements, the University may wait to confirm eligibility until the employee has met the stated requirements. Eligible Leaves: o For the birth of a son or daughter, and to care for the newborn child; o For placement with the employee of a son or daughter for adoption or foster care; o To care for the employee's spouse, son, daughter, or parent, with a serious health condition; o Because of a serious health condition that makes the employee unable to perform the functions of the employee's job. Miscellaneous: Medical certification may be required for serious health conditions. Certain leaves may be required before the actual event, e.g., leaves for the birth of a child or for placement for adoption or foster care. No maximum age limits applies to children who are the subject of adoptions or foster care placements. March 2010 85 Leave Entitlement Up to 12 weeks of FMLA leave in any 12-month period: 12-month period: The 12-month period of time is measured forward from the time that leave commences. Leave for birth or placement for adoption or foster care must end within 12 months after the birth or placement. Husband and wife: In the event that both the husband and wife are employed by the University, only a total of 12 weeks combined leave may be taken for birth (or subsequent care), placement for adoption or foster care ( or subsequent care), or to care for a parent with a serious health problem. Intermittent or Reduced Leave Schedule Leave may be taken on an intermittent or reduced leave schedule when "medically necessary‖ (due to a serious health condition of the employee or family member). Intermittent leave may be either limited (e.g., for medical appointments) or lengthy (e.g., for chemotherapy). Affect on leave entitlement: Only the actual time taken as FMLA leave is charged against an employee's entitlement. For Part-Time employees and those working variable hours, the FMLA leave entitlement is calculated on a pro-rata or proportional basis. For example: if a 30 -hour-per-week employee is reduced to 20 hours per week the 10 hours of FMLA leave equals one-third of a week of FMLA leave each week, if an employee's work week schedule varies, the average weekly hours worked during the 12 weeks prior to FMLA leave will be considered the "normal" work week. Temporary transfers: An employee may need to be temporarily transferred to another position to better accommodate the recurring periods of leave. The alternate position must have equivalent pay and benefits. March 2010 86 Paid/Unpaid Leave Leave need not be paid. However, paid vacation or personal leave may be substituted without limitation, for any FMLA - qualifying purpose: Family / medical / sick leave: An employee may unilaterally elect to use paid vacation if FMLA leave is due to birth, placement for adoption or foster care, or to care for the serious health condition of a family member. Miscellaneous: FMLA leave entitlement is not reduced by paid leaves, which are not qualifying, and is not expanded after childbirth simply because multiple purposes for the leave could each independently support FMLA leave. Designation of FMLA Leave (or not) The University designates leave (or portions) as FMLA qualifying or not based on information obtained from the employee: Notification / timing: Once paid leave is designated as FMLA leave, the employee will be notified immediately. If the University requires paid vacation be substituted for unpaid leave, or that leave must be counted as FMLA leave, the designation must be made at the time the employee requests or gives notice of the leave (or as soon thereafter as it is determined that the leave is FMLA qualified). This designation must be made before the leave starts, unless sufficient information is unavailable, but never after the leave ends. Leave may also be retroactively re-designated, but never after the leave ends. Employee Benefits during Leave: The employee's group health plan coverage must continue on the same conditions as if continuously employed and the same benefits must be maintained. Premium payments: If the leave is paid, employees pay premiums in the manner customarily used (payroll deduction). If the leave is unpaid, the insurance premium is due at the same time as if by payroll deduction, or by prepayment in advance. March 2010 87 Late payments: If premium payments are more than 30 days late, the University's obligation to maintain health insurance coverage ceases. If coverage lapses for late payment, upon employment reinstatement, equivalent coverage/ benefits /terms will be restored to the employee (without any qualification requirements, including a preexisting condition waiting period or a wait for the next open enrollment period) Recovery of premiums: Any premium payments advanced to an employee delinquent in the employee‘s payments will be recovered. If an employee fails to return from unpaid leave after the FMLA leave entitlement has expired, or fails to remain on the job for thirty (30) days after returning from leave, premiums that the University paid for maintaining coverage will be recovered (for up to the entire leave period), unless the employee does not return due to the following conditions : o The continuation, recurrence, or onset of an FMLA qualified serious health condition (medical certification will be required) o Other conditions beyond the control of the employee as defined in the "ACT‖ Recovery is limited to premiums paid during appropriate unpaid periods of leave. Benefits reinstatement / maintenance: An employee choosing not to retain health coverage during the leave is entitled to reinstate coverage upon returning, on the same terms as before, without any qualifying period. Except as required by COBRA and for key employees, the obligation to maintain health benefits ceases if and when an employee: o Informs the University of the employees intent not to return, o Fails to return, or o Exhausts the employee FMLA leave entitlement. Plan amendments: The employee is entitled to any new or changed plan benefits (including notices) to the same extent as if not on leave. "Key" Employees: A "key" employee given notice that "substantial grievous economic injury" would occur if the employee were reinstated, who does not return, is still entitled to group benefits until: o The employee advises the University that reinstatement is not desired. o FMLA leave entitlement is exhausted. March 2010 88 o Reinstatement is actually denied. Employment Reinstatement After FMLA leave, an employee is entitled to the same or equivalent position, with equivalent benefits, pay and other terms and conditions of employment: Job qualifications: Upon return to work, an employee must be allowed a reasonable opportunity to fulfill all job qualifications. ADA may govern situations in which a physical or mental condition affects abilities. Pay: An employee must be granted any unconditional pay increase, which occurred during the leave period. Benefits: Unless otherwise elected by the employee, benefits must be resumed in the same manner and at the same levels. FMLA leave is continued service for purposes of vesting or eligibility to participate in a pension or other retirement plan. Position: An equivalent position must include the same working conditions, privileges, perks and status, and must involve the same or substantially similar duties and responsibilities, requiring substantially equivalent skill, effort, responsibility and authority Limitations: An employee has no greater rights than if leave had not been taken. An employee hired for a specific term or project need not be restored if the term or project is over and the employee would not otherwise have continued in employment. Restoration may be denied to certain "key" employees as well as to certain employees who fail to provide fitness for duty certificate. March 2010 89 Key Employees A salaried employee is a FMLA eligible employee who is among the highest 10% (but not more than 10%) of all employees. Earnings include wages, premium pay, incentive pay, and bonuses, but do not include incentives to be valued at some future date, (e.g., stock options), benefits, or perks: Denial of employment reinstatement: Denial of employment reinstatement to a key employee is a function of a determination that restoration (not the absence) would cause "substantial and grievous economic injury" to the University's operations. Determinations and notices: If the University believes reinstatement may be denied, an employee must be given written notice of the employee's Key employee status, at the time FMLA leave is requested or commences. Employee Notice to the University: If need for leave is foreseeable : At least 30 days advance notice must be given if the need is for birth, placement for adoption or foster care, or planned medical treatment for a serious health condition. If 30 days notice is not practical, notice must be given as soon as both possible and practical under the circumstances (normally that would mean at least verbal notice to the human resource department within 1 or 2 business days after the employee knows of the need). Failure to meet requirements: Employees failing without reasonable excuse to give the required 30-days notice may be denied FMLA leave until at least 30days notice is given. It must be clear, however, that: o The employee has actual notice of the FMLA requirements; o The need for leave and the approximate date leave would be taken must have been clearly foreseeable to the employee 30-days in advance. March 2010 90 If need for leave (or timing) is not foreseeable : The notice should be given as soon as practicable under the circumstances, normally within no more than 1 or 2 working days of learning of the need for the leave. It should be provided either in person, or by telephone, telegraph, fax machine or other electronic means. If the employee is unable to do so personally, it may be provided by the employee's representative, spouse, family member, etc. Medical Certification: University Requests: While the notice to employees of overall medical certification requirements must be written, the actual request for certification may be verbal. Along with the request for certification, the employee may be advised of the anticipated consequences of failure to provide adequate certification. Reasonable opportunity to present certification will be provided. Frequency: Certification may be requested whenever reasonably necessary; recertification may be requested at any reasonable interval, but not more often than every 30 days, unless: o A leave extension is requested; o Circumstances have significantly changed since the original certification; o The University has good reason to doubt the continuing validity of the certification. Certification may also be required when an employee alleges inability to return to work due to a serious health condition (which impacts the University's ability to recover its share if benefit premiums made on the employee's behalf during unpaid FMLA leave). Due date: Unless not practicable under the circumstances (despite diligent good faith efforts), an employee must provide medical certification within the time frame requested by the University, or within 15 calendar days, whichever is later. March 2010 91 o Employee failure to meet requirements: If leave was foreseeable, leave may be denied until certification is provided. If not foreseeable, continuation of leave may be denied if an employee fails to provide certification within a reasonable time, considering the circumstances. Reinstatement at the end of leave may be denied until applicable certification requirements are met. o Return-to-work certifications (fitness-for-duty reports) o Conditions: The University requires that all employees who take leave for their own serious health conditions provide medical certification that the employee is able to return to work. Notices to employees: An employee from whom such certification will be required must also be given specific notice of the requirements at the time leave is requested or immediately after leave commences. Miscellaneous: Employment restoration will be denied until employee provides such certification. March 2010 92 Section 7030 Holidays & Personal Time WGU recognizes the importance of leisure time and will observe holidays as annually designated by Management. Eligibility Full-Time and Temporary employees who regularly work at least 40 hours per week are eligible for holiday pay. Part-Time employees who regularly work at least 20 hours per week will receive 4 hours of holiday pay for each Holiday recognized by WGU. To be eligible for holiday pay an employee must work (or be on approved vacation or leave in active pay status) the last scheduled day immediately before the holiday and the first scheduled day immediately after it. Holiday pay will not be approved when it is the employee's last day of employment or the employee is scheduled to work and is absent without excuse. Schedule Currently the following holidays are observed: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Thanksgiving (2 days) Christmas Day Two Personal Holiday, accrued on employment anniversary date Holidays on Weekends and During Vacations If a holiday falls on a weekend, it may be observed, at Management's discretion, either the Friday before or the Monday after the holiday. If a holiday observed by the University occurs during an employee's scheduled vacation, it will not be counted against the employee‘s vacation bank. March 2010 93 Working Holiday Business necessity may require scheduling employees to work on University holidays. Employees required and approved to work on scheduled holidays will receive a personal day to be used within the same pay period (either before or after the holiday). Unused Holidays will be lost and cannot be carried past the pay period in which it occurred. Other Personal Time Off The University allows employees personal time off for religious observance, events of personal significance, or for business that cannot be taken care of outside of work hours. Employees needing personal time off may use: Personal days; (The University allows eligible employees to use a personal day for any purpose, however it is non-accruing and must be used during the year or it will forfeited. These personal days must be scheduled with Management's prior approval. Employees are entitled to 2 days per year for personal time off.) Accrued vacation days; or Unpaid time off in limited circumstances and with Management's permission. March 2010 94 Section 7040 Jury, Witness and Voting Leave Employees are encouraged to fulfill their civic responsibilities by serving jury or witness duty and voting in public elections. Jury and Witness Duty: Eligibility: All employees are eligible for court-ordered witness or jury leave. Pay: Full-Time employees will be paid at their regular base rates for up to 10 days of jury or witness duty in any calendar year. Paid jury and witness leave are in addition to paid vacation or other leave. Non-Paid Leave: Part-Time employees and Full-Time employees who have not completed 90-days of employment their Initial Employment Periods do not qualify for paid jury leave unless otherwise required by applicable law. In those instances or where paid leave has been exhausted, employees may take unpaid leave or use accrued vacation or personal leave as appropriate. Procedure: Employees must immediately provide Human Resources with copies of court notices. Jury or witness pay and leave will not be authorized without prior documentation. Employees are expected to check in daily with their supervisor and provide updates of their availability for work. Breaks in Duty: Employees should report to work on any business days that the court schedule permits or if released from court early. Time off to Vote Employees whose work schedules do not allow them opportunity to vote in elections may receive up to 2 hours of unpaid time off to vote. Voting time must be scheduled at the beginning or end of the employee's workday and requires Management's authorization. Time off to vote should be requested at least one day prior to Election Day to minimize disruption of operations. March 2010 95 Section 7050 Leave Policy (non-FMLA) Regular full- and Part-Time employees can take time away from work for family, medical, personal, and other reasons. WGU realizes that personal obligations and unexpected circumstances can prevent you from working full time. WGU optionally provides leaves of absence so that you can attend to personal matters and return to work as soon as possible. Understanding leaves of absence: Notify your manager as soon as possible when you plan to be away from work. WGU compensates you during specific leaves of absence (such as family medical leave and jury duty.) WGU optionally grants but does not pay for personal leaves of absence. If you work Part-Time, WGU does not pay for a leave of absences. Report leaves of absence in WGU time and attendance software application After you complete a leave of absence (with the exception of a personal leave of absence), return to your former job or a comparable position unless the position does not exist for reasons unrelated to your leave of absence. Taking a leave for VISA expiration Staff member: o Cannot receive an extension on work authorization for reasons beyond The University and your control; o Explains VISA situation to manager as soon as possible; and o Understands that healthcare and vesting options are unavailable during leave due to VISA expiration. Manager: Contacts Human Resources about staff member VISA expiration. Human Resources: o Optionally provides an unpaid leave of absence; and o Reinstates work benefits as soon as you receive work authorization. March 2010 96 Taking a personal leave of absence Staff member: o Requests unpaid leave of absence from manager for personal reasons; Explains the need for personal leave; Suggests a specific return date; and Understands that manager might refuse request for personal leave. o Can continue healthcare benefits at personal expense during leave; o Understands that car allowance and vesting privileges do not continue during an unpaid personal leave of absence Manager: o Approves or rejects staff member request for personal leave of absence based on business needs and your performance; and o Forwards staff member request for leave of absence to Human Resources. Human Resources: Discontinues healthcare and other benefits during personal leave of absence. March 2010 97 Section 7060 Military Leave Employees who are inducted into the U.S. (or state) Armed Forces or who are reserve members of the U.S. (or state) Armed Forces will be granted leaves of absence for military service, training or other obligations in compliance with state and federal laws (USERRA). During such leave, these employees may use accrued vacation and/or floating holidays, but are not required to do so. At this time, WGU does not supplement military income during times of active duty or training. At the conclusion of the leave, employees generally have the right to return to the same position held prior to the leave or to positions with equivalent seniority, pay and benefits. Employees are requested to notify their supervisors as soon as they are aware of the military obligation. Questions regarding the University‘s military leave policy, applicable state and federal laws and continuation of benefits should directed to Human Resources. For more detailed information on military service, please refer to Appendix B of this Handbook. March 2010 98 Section 7070 Sick Leave It is critical to WGU operations that every employee be dependable and on the job. However, Management recognizes that an employee or immediate family member may occasionally be temporarily injured or ill. The sick leave policy is designed to provide protection to eligible employees against loss of income during unavoidable absences. Eligibility Full-Time Employees are eligible for paid sick leave. At Management's discretion, authorized absences without pay may also be granted to Full-Time employees who have no accrued leave available. Part-Time Employees are not eligible for paid sick leave but may take unpaid absences as approved by Management. Temporary Employees are not eligible for paid sick leave but may take unpaid absences as approved by Management. Accrual Full-Time employees accrue sick leave immediately. No sick leave may be used until it is accrued and sick leave will not accrue during an unpaid leave of absence: Rate: Sick leave is accrued at a rate of 1.85 hours per pay period (or 6 days/12 month period). o Maximum Accrual and Carryover: Employees may carryover unused sick days and accumulate a maximum of 30 days of sick leave. Days in excess of 30 will be lost. Unused Accrued Days Unused sick days may not be traded for cash or vacation days. Additionally, employees are not paid for accrued sick days at termination. March 2010 99 Use of Sick Leave Sick leave is intended to provide income protection in the event of the illness or injury of an employee or member of his/her immediate family, which includes a spouse, children, stepchildren, or parent. Recordkeeping: Exempt Employees: In adopting the most conservative approach to ensure compliance with the Fair Labor Standards Act, sick leave deductions will be charged against an Exempt employee's accrued leave in at least 1/2 day increments. Non-Exempt Employees: Accrued leave for Non-Exempt employees will be charged for both partial and whole day absences. Employees with No Accrued Leave: o Exempt Employees: As allowed by applicable law. o Non-Exempt Employees: Pay deductions may be made for full or partial day(s) absences of Non-Exempt employees who have no paid leave available. Physician Certification During any medical absence, the University may request written certification of the illness or injury from the employee's physician. Periodic re-certification may also be required. Additionally, a verification or release by a health care provider may be a condition of returning to work. The University also reserves the right to require that an employee be examined by a physician of its choice as allowed by law. Abuse of Sick Leave Employees who abuse sick leave policies or misrepresent the reasons for using sick leave will be subject to corrective action up to and including termination. March 2010 100 Section 7080 Vacation WGU recognizes that time away from work to rest, relax, and pursue personal interests is important. Therefore, paid vacation days will be provided to eligible employees. Eligibility Full-Time Employees are eligible for paid vacation leave. Part-Time Employees are not eligible for paid vacation leave. Temporary Employees are not eligible for paid vacation leave. Accrual: Based on Actual Time Worked: Vacation time is allowed based on actual time worked and is not allowed during unpaid leaves, workers compensation leaves, or layoffs. Based on Length of Service: Vacation days are allowed immediately but may not be taken until they are earned in accordance with the following schedule: o 1st year of service: 10 vacation days Allowed per pay period: 3.077 hours o 2nd year of service: 13 vacation days Allowed per pay period: 4.000 hours o 3rd year of service: 15 vacation days Allowed per pay period: 4.6200 hours o 4rd year of service: 18 vacation days Allowed per pay period: 5.54 hours o 5th year of service and thereafter: 20 vacation days Allowed per pay period: 6.154 hours March 2010 101 Carry Over Employees are encouraged to use their vacation leave during the year it is earned but may be carried over into the following year. Unless otherwise required by applicable law, the amount of vacation carried over may not exceed the amount of vacation leave earned in the prior year. In year two: maximum allowed is 104 hours In year three: maximum allowed is 120 hours In year four: maximum allowed is 144 hours In year five and there on: maximum is 160 hours Allowed vacation is based on each individual‘s anniversary year. Scheduling Vacation time should be requested as early in advance as possible. All requests are subject to Management approval based upon operating requirements and staffing considerations. Duration Vacation time must be taken in at least 1/2 day increments and may generally be scheduled up to 2-week periods. Exempt employees who have yet to qualify for or accrue paid leave or who have used all of their applicable accrued leave may have their salaries reduced for full day absences due to personal reasons or because of illness or injury. Long-term employees with more than ten days of accrued vacation time are requested to schedule vacation periods no longer than two regular work weeks. Vacations extending beyond two weeks may be allowed with Management approval. Pay for Unused Vacation: Current Employees: No payments will be made for unused vacation. Terminated Employees: Terminating employees will be paid for all accrued vacation time. March 2010 102 Chapter 8000 Travel and Expenses 8010 Control of Expenses and Reimbursement 8020 Expense Reimbursement Policies March 2010 103 Section 8010 Control of Expenses and Reimbursement Employees should play a strong role in controlling expenses of products and services used in business related activities. All expenses must be approved in advance by Management and itemized receipts or evidence of expenditures must be submitted with all reimbursement requests. Employees should contact their supervisor or the Finance department for detailed information and procedures for receiving reimbursement (See Expense Reimbursement Policies.) Abuse of Expense Policy Employees who abuse the expense policy, including falsifying or exaggerating expenses and incurring unnecessary and excessive expenses, will be subject to corrective action up to and including termination. Unnecessary, unauthorized, and/or unreasonable expenses will not be reimbursed and will be the personal responsibility of the employee. Business Entertainment and Gifts Providing nominal business entertainment, meals, and gifts to customers or potential customers may be useful to establish or enhance working relationships. However, prior authorization must be obtained and spending and reimbursement guidelines met before reimbursement will be made. Employees should contact their supervisor for authorization and further information. Business Travel Employees will be reimbursed for all actual and reasonable travel expenses, including transportation, meals, and lodging costs provided such expenses are incurred in the authorized conduct of University business. All business travel must be approved in advance and employees are responsible for securing reasonable and cost effective travel arrangements. Employees should contact their supervisor for travel guidelines and reimbursement procedures. March 2010 104 Education and Development Employees are encouraged to continue their education in order to maintain and enhance current skills and to prepare themselves for advancement opportunities. Consequently, University educational assistance will be offered to employees pursuing degrees or certificates from the University. Full time employees are eligible for a 75% discount on tuition if they remain on SAP, if not a 50% discount is available. To be eligible for this benefit, you must have worked full time for the University at least 6 months prior to starting your degree and must commit to stay with the University at least one year after you receive your degree. Part time employees must have worked an equivalent of 6 months full time work to be eligible for a discount. Participation in Professional and Other Organizations Membership and participation in professional organizations can be important in promoting employee development and WGU‘s business interests. Professional memberships and related expenses may be reimbursed with the advance approval of Management. Employees should contact their supervisor for reimbursement guidelines and procedures. March 2010 105 Section 8020 Expense Reimbursement Policies Purchases/Expenditures All purchases and/or expenditures greater than $200 must be approved in advance by the appropriate WGU supervisor and the finance department. An Expenditure Approval form should be completed including the appropriate approval signatures for all requested expenditures. For reimbursement of out of pocket expenses, an expense report must be completed and signed for all reimbursable expenses. All expenses must be accompanied by original receipts. Contractual Agreements All contractual agreements entered into between WGU and outside parties must be reviewed and approved by WGU‘s legal counsel and finance department. This approval needs to occur before outside contractors engage in any work for WGU. Independent contractors will not be paid until a signed contract & W9 are returned to the University. General Guidelines – Travel While WGU wants employees to be comfortable and appreciates each employee‘s willingness to travel, it is very important that employees do all they can to minimize travel and other expenses. Further, WGU reserves the right to determine, on a case-by case basis, which expenses are justified, and therefore reimbursable. Misrepresentation or abuse in relation to WGU‘s expense and reimbursement policies is very serious and may result in disciplinary action or termination of employment. WGU reserves the right to modify this policy at any time, with or without notice. For reimbursement of out of pocket travel expenses, an expense report must be completed and signed for all reimbursable expenses. All out of pocket expenses as well as expenses charged to corporate American Express, cards must be accompanied by actual receipts. Tips do not require a receipt but must be listed separately on the Expense Reimbursement Request form. For budgetary and timely accounting purposes, expense reports should be submitted to the finance department with appropriate supporting documentation within ten business days after the conclusion of the travel. Any expenses received later than these guidelines state may not be paid. Business Travel-Time Compensation: March 2010 106 Non-Exempt Employees: In compliance with wage and hour laws, Non-Exempt employees will be compensated at their regular hourly rate (or overtime rate as applicable) for time spent traveling that is within their regularly scheduled work hours, including corresponding hours on non-workdays (e.g., weekends). However, Non-Exempt employees will not be compensated for travel time, which occurs outside of their regularly scheduled work hours. When traveling outside of regularly scheduled working hours, Non-Exempt employees should not perform any work unless specifically authorized by WGU. o Example: An employee is regularly scheduled to work 8:00 am to 5:00 pm Monday to Friday. On a Saturday, the employee takes a 3 PM MT flight to New York, arriving at 7 PM MT. The employee will be paid for the two hours of travel time (3 to 5 pm) that occurred during the employee‘s regular working hours (8 to 5 pm), regardless of the fact that the employee does not usually work on Saturdays. The employee then takes a return flight the following Tuesday at 2 PM ET, arriving at 6 PM ET. The employee is paid for the 3 hours (2 to 5 pm) of travel time that occurred during the employee‘s regularly scheduled working hours. Travel time, as used above, includes (as long as it occurs during the employee‘s regular working hours): actual travel time (includes auto, plane, train, and bus), time spent waiting at airports, depots, etc., and travel to and from airport and hotel\client. Travel time, as used above, does not include travel to and from the employee‘s home and the airport. Please be aware that WGU will generally make adjustments to the above policy so that employees are not penalized for making business trips. Please contact Human Resource Manager if you have any questions about this policy. Exempt Employees will receive their regular salary regardless of their traveling schedule. Airfare Employees should attempt to get the lowest fare possible. Employees should make all travel arrangements through WGU‘s authorized travel agencies. WGU will pay for airfare for coach class travel only. Upgrades to first class will require use of personal frequent flyer upgrades. Ground Transportation Public transportation should be utilized whenever practical while on WGU business. If unavailable or impractical, WGU will pay or reimburse for other ground transportation costs including taxi, bus, and rental car (including fuel.) March 2010 107 Mileage WGU will reimburse employees for mileage for business use of personal vehicles. WGU will reimburse employees at the current rate allowed by State & Federal laws. Proper documentation for reimbursement should include date, destination, business purpose, and miles driven. It is important that employees are specific about the business purpose of each trip. It is also important to note that if you leave from home, you will only be reimbursed for the difference in mileage between the WGU offices and your destination. For example, if you are 20 miles from the office and you drive 30 miles from your home for business, you will be reimbursed for 10 miles. Airport Parking WGU encourages all employees to seek the lowest cost of parking, i.e., long-term or park and jet. Short-term parking is acceptable as needed to make flight schedule. Hotel WGU will reimburse for reasonable hotel rates at mid-range hotels. All food and beverage costs charged on hotel bill should be listed separately under meals. WGU will not reimburse for personal items such as movie charges or laundry (unless required by unexpectedly extended travel.) Parking should also be listed separately under ground transportation and parking on the reimbursement form. Conference/meeting lodging will reimbursed at the single occupancy room rate established by the meeting/conference host. Meals & Entertainment WGU will reimburse based on original receipts only not to exceed allowable ceilings below. If entertaining, an exception may be made to this policy. Costs related to entertainment must be accompanied by an actual receipt, which includes names of people attending, and the business discussed. Alcoholic drinks are not reimbursable. The daily meal allowances are as follows: Breakfast: $10 per day Lunch: $15 per day Dinner: $25 per day Telephone WGU will allow the employee to make one telephone call home per night of travel. These personal calls should be of reasonable duration. When prior authorization is March 2010 108 obtained WGU will reimburse employees for long-distance business calls made from their homes as long as a copy of the bill is provided. Day-Timer Filler WGU will reimburse employees for their annual day-timer filler. March 2010 109 Appendix A: Family Educational Rights and Privacy Act Who is Protected Under FERPA? Current or formerly enrolled students are protected under FERPA. Students are considered to be enrolled and in attendance as of the first day of a term. Students who have applied but have not attended are not protected. What Are Education Records? Education records are defined as records, files, documents, and other materials in handwriting, print, tape, film, electronic, or other media that contain information that are directly related to a student and are maintained by Western Governors University (WGU) or a party acting for WGU. Education records do not include post-attendance records, employment records, medical records, and records possessed by the maker only. What Rights Do Students Have? Students have the right to: Inspect and review their education records, Request amendment to their education records, Consent to disclosures of non-directory information, except to the extent that FERPA authorizes disclosure without consent, and File a complaint with the U.S. Department of Education concerning alleged failures by WGU to comply with FERPA requirements. How Can Students Access Their Records? Students may access their records by providing a signed, written request to Western Governors University Records office. The request should identify, as precisely as possible, the records the student wishes to inspect. Copies of records will be sent to the student within 45 days. A fee of $.50 per page may be assessed for copying educational records. How Can Students Amend Their Records? Students have the right to request that their records be amended if they believe the content is inaccurate, misleading, or in violation of their privacy rights. Students should write the Director of Records identifying the part of the education record they want March 2010 110 changed and specifying why it is inaccurate or misleading. Students will be sent a response within 30 days of receipt of the written request. If the request is granted, the amendment will be made. If the university decides not to amend the record as requested, students have a right to a formal hearing on the matter and will be informed about procedures to request a hearing. Students must make the request for a formal hearing in writing to the Director of Records within ten school days of the denial of the request. Note: The right to challenge grades does not apply under FERPA unless the grade assigned was inaccurately recorded, under which condition the record will be corrected. To Whom May Records Be Released without Written Consent? WGU will disclose information from a student's education records only with the written consent of the student, except in the following cases: To the Student To anyone if the university has obtained the prior written consent of the student, (The student must complete and submit the Consent Form for the Release of Information to the Director of Student Records to establish written consent.) To anyone in response to requests for directory information (see below) To university employees who have a legitimate educational interest in the records To officials from other colleges or universities in which a student seeks or intends to enroll To certain officials of the U.S. Department of Education, the Comptroller General, and state and local educational authorities, and Department of Veterans Affairs in connection with certain state or federally supported education or assistance programs To agencies or individuals requesting information in connection with a student's application for, or receipt of, financial aid, as necessary to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid To agents acting on behalf of the university (e.g., clearinghouses, degree/enrollment verifiers) To 3rd party service providers who are under contract to provide educational services to the university To organizations conducting certain studies for or on behalf of the University March 2010 111 To accrediting organizations to carry out their functions To parents/legal guardians when their children (under age 21) are found to have violated the alcohol or drug policy of the institution (Warner Amendment) To comply with a judicial order or a lawfully issued subpoena To an alleged victim of any crime of violence or the results of a disciplinary action regarding the alleged perpetrator of that crime with respect to that crime To anyone requesting the final results of a disciplinary hearing against an alleged perpetrator of a crime of violence or non-forcible sex offense (Foley Amendment) To the Immigration and Naturalization Service (INS) for purposes of the Coordinated Interagency Partnership Regulating International Students To military recruiters who request ―Student Recruiting Information‖ for recruiting purposes only (Solomon Amendment). Student Recruiting Information is name, address, telephone listing, age (or year of birth), level of education, and major (conditions exist) To the Internal Revenue Service (IRS) for purposes of complying with the Taxpayer Relief Act of 1997 To appropriate parties to protect the health and safety of students and other persons or to assist in resolving an emergency March 2010 112 What is Directory Information? Directory information is information contained in a student‘s education record that is available to the public and does not require the student‘s written consent. As mandated under FERPA, directory information can never include student ID number, social security number, race, ethnicity, nationality, or gender. Directory information at WGU includes the following information: Student Name Student address and telephone number(s) Email address Hometown of students Class level Enrollment status (full or part time) and current status Program of study Degrees and/or certificates earned including conferral dates Dates of attendance Names of previous institutions attended Awards and honors Expected date of graduation Age How Can Students Restrict Disclosure of Directory Information? Currently enrolled students may request that the institution not release any directory information, and the institution must comply with the request. To restrict the release of information, the student must complete a Request to Prevent Disclosure of Directory Information form to be returned to the Records Office at Western Governors University. Directory information will then be withheld indefinitely until the Records Office receives in writing a revocation of the request for nondisclosure. Students who wish to restrict directory information should realize that restricting this important information will make it unavailable to all, including employers, loan agencies, scholarship committees, university publications and government and licensing agencies. Usually, it is to a student‘s advantage to have directory information available to these important constituents. March 2010 113 When dealing with a student who is also an employee you should not discuss the employee-student record or their behavior with other internal employees. You are not to report issues or concerns with the employee-students manager. Likewise, employeestudents should be respectful of their relationship and not attempt to exert undue influence because of their internal knowledge or employment status. Where Can I Get More Information About FERPA? Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue SW Washington, D.C., 20202-4605 www.ed.gov/offices/OM/fpco March 2010 114 Appendix B: Military Service Procedure / Guidelines: Temporary (Two-Week) Military Leave In addition to the rights and benefits provided to employees taking Extended Military Leave (as described in this policy), eligible employees who must be absent from their job for a period of not more than ten working days each year in order to participate in temporary military duty are entitled to as many as ten days unpaid military leave. All benefits will continue during an employee‘s temporary military leave. All Other (Extended) Military Leave Employees directed to participate in extended military duties in the U.S. Armed Forces that exceed ten working days will be placed on an unpaid military leave of absence status for a period of as long as five years and will be entitled to the rights and benefits described below, subject to the procedures outlined below. Procedures for All Military Leave 1) The employee will provide his or her immediate supervisor with notice that the employee will be engaging in military service, including, where feasible, a copy of the orders directing the military duty, unless the employee is prevented from doing so by military necessity. Employees are requested to provide such notice within 30 days of active military service. Failure to provide adequate notice may render the employee ineligible for the rights and benefits described in this policy. 2) To request a temporary or extended military leave of absence, the employee should, unless prevented from doing so by military necessity, obtain a Request for Leave of Absence Form from Human Resources. 3) Human Resources will review and sign the Request for Leave of Absence form, collect any applicable insurance premiums from the employee, generate other applicable documents, and process accordingly. 4) Employees on temporary or extended military leave may, at their option, use any or all accrued paid vacation or personal leave during their absence. 5) When the employee intends to return to work, he or she must make application for reemployment to Human Resources within the application period set forth below. March 2010 115 6) If the employee does not return to work, the supervisor must notify Human Resources so that appropriate action may be taken. Benefits: If an employee is absent from work due to military service, benefits will continue as follows: An employee on extended military leave may elect to continue group health insurance coverage for the employee and covered dependents under the same terms and conditions for a period not to exceed 31 days from the date the military leave of absence begins. The employee must pay, per pay period, the premium normally paid by the employee. After the initial 31 day period, the employee and covered dependents can continue group health insurance up to 24 months at 102% of the overall (both employer and employee) premium rate. Beginning after the first 31 days of military leave, group health insurance coverage for an employee and/or an employee‘s covered dependents will run concurrently with applicable health insurance coverage under COBRA. The group term life/AD&D insurance provided by the University will terminate the day the employee becomes active military. The group long-term disability insurance provided by the University will terminate the day the employee becomes active military. Employees do not accrue vacation, personal leave, or sick leave while on military leave of absence status. With respect to the University‘s retirement plan, upon reemployment, employees who have taken military leave will be credited for purposes of vesting with the time spent in military service and will be treated as not having incurred a break in service. Immediately upon reemployment, the employee may, at the employee‘s election, make any or all employee contributions that the employee would have been eligible to make had the employee's employment not been interrupted by military service. March 2010 116 Such contributions must be made within a period that begins with the employee's reemployment and that is not greater in duration than three times the length of the employee's military service. Employees will receive all associated University match for such contributions. Voluntary supplemental life/AD&D insurance will terminate the day the employee becomes active military. Converting to an individual policy may continue voluntary dependent life insurance coverage. To exercise this conversion option, dependents must submit a written application and the first premium payment within 31 days immediately following the termination of coverage. Reemployment: Upon an employee's prompt application for reemployment (as defined below); an employee will be reinstated to employment in the following manner depending upon the employee's period of military service: Less than 91 days of military service - (i) in a position that the employee would have attained if employment had not been interrupted by military service; or (ii) if found not qualified for such position after reasonable efforts by the University, in the position in which the employee had been employed prior to military service. More than 90 days and less than 5 years of military service - (i) in a position that the employee would have attained if employment had not been interrupted by military service or a position of like seniority, status and pay, the duties of which the employee is qualified to perform; or (ii) if proved not qualified after reasonable efforts by the University, in the position the employee left, or a position of like seniority, status and pay, the duties of which the employee is qualified to perform. Employee with a service-connected disability - if after reasonable accommodation efforts by the employer, an employee with a service-connected disability is not qualified for employment in the position he or she would have attained or in the position that he or she left, the employee will be employed in (i) any other position of similar seniority, status and pay for which the employee is qualified or could become qualified with reasonable efforts by the University; or (ii) if no such position exists, in the nearest approximation consistent with the circumstances of the employee's situation. Application for Reemployment: March 2010 117 An employee who has engaged in military service must, in order to be entitled to the reemployment rights set forth above, submit an application for reemployment according to the following schedule: If service is less than 31 days (or for the purpose of taking an examination to determine fitness for service) - the employee must report for reemployment at the beginning of the first full regularly scheduled working period on the first calendar day following completion of service and the expiration of eight hours after a time for safe transportation back to the employee's residence. If service is for 31 days or more but less than 180 days - the employee must submit an application for reemployment with Human Resources no later than 14 days following the completion of service. If service is over 180 days - the employee must submit an application for reemployment with Human Resources no later than 90 days following the completion of service. If the employee is hospitalized or convalescing from a service-connected injury the employee must submit an application for reemployment with Human Resources no later than two years following completion of service. Exceptions to Reemployment: In addition to the employee's failure to apply for reemployment in a timely manner, an employee is not entitled to reinstatement as described above if any of the following conditions exist: 1) The University‘s circumstances have so changed as to make reemployment impossible or unreasonable 2) The employee's employment prior to the military service was merely for a brief, non-recurrent period and there was no reasonable expectation that the employment would have continued indefinitely or for a significant period. 3) The employee did not receive an honorable discharge from military service. General Benefits upon Reemployment Employees reemployed following military leave will receive seniority and other benefits determined by seniority that the employee had at the beginning of the military leave, plus any additional seniority and benefits the employee would have attained, with reasonable certainty, had the individual remained continuously employed. March 2010 118 In addition, an employee‘s time spent on active military duty will be counted toward their eligibility for FMLA leave once they return to their job at XYZ. Documentation An employee's manager will, upon the employee's reapplication for employment, request that the employee provide The University with military discharge documentation that establishes the timeliness of the application for reemployment and length and character of the employee's military service. March 2010 119 Appendix C: Drug and Alcohol Testing Policy I. GENERAL STATEMENT: Western Governors University (―the University‖) believes that a healthy and productive workplace, safe working conditions free from the effects of drugs and alcohol, and maintenance of the quality of products produced and services rendered by the University, are important not only to the University but also to its employees and the general public. The University further believes that the abuse of drugs and alcohol creates a variety of workplace problems, including increased injuries on the job, increased absenteeism, increased financial burden on health and benefit programs, increased workplace theft, decreased productivity, and a decline in the quality of products and services. Therefore, the University hereby adopts this Policy for the testing of employees and prospective employees for use of drugs and alcohol. II. DEFINITIONS: For purposes of this Policy: (1) "Alcohol" means ethyl alcohol or ethanol. (2) "Drugs" means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, or supplement to any of those compendia. This includes, without limitation, narcotics, hallucinogenics, depressants, stimulants or other controlled substances, including those prescribed by a physician. (3) "Employee" means any person in the service of the University for compensation of any kind. (4) "Prospective employee" means, for purposes of testing for illegal drugs, means any person who has made application for employment with the University and, for all other testing purposes, means an person who has received an offer of employment but has not yet commenced employment. (5) "Sample" means urine, blood, breath, saliva, or hair. III. USE OF DRUGS OR ALCOHOL: A. It shall be a violation of University policy for an employee to: (1) Use, sell, or possess alcohol in any amount or any drugs not required by a physician's prescription on University premises or at any time during working hours; or (2) Use alcohol or non-prescribed drugs off University premises or during non-working hours where such use might, in the University's judgment, impair the employee's work performance or otherwise jeopardize the University's interests as described in this Policy. B. Prospective employees who have used any alcohol or non-prescribed drugs at any time such as to indicate a positive result when tested may be denied employment. Such individuals (or those refusing to sign the consent/release form provided by the University in connection with testing under this Policy) will not be reconsidered for employment for a period of six months or such other period as the University may in its discretion determine. Individuals who subsequently reapply for March 2010 120 employment will again be required to sign the aforementioned consent/release form and submit a sample for testing under this Policy. C. The use by an employee or prospective employee of any drugs prescribed by a physician, in accordance with such prescription, will not be the basis for action by the University under paragraph V. below, unless such use might, in the University's judgment in consultation with appropriate medical officials, impair the individual's work performance, create a direct threat to safety or otherwise jeopardize the University's interests as described in this Policy. In such cases, the University will attempt to accommodate the individual's medical needs to the extent reasonably consistent with the University's best interests. IV. TESTING: The University may test employees or prospective employees for the presence of drugs or alcohol, in accordance with the provisions of this Policy and applicable law, as a condition of hiring or continued employment. Pre-offer prospective employees will only be tested for use of illegal drugs. This Policy extends to the testing of management on a periodic basis. A. The University may require the collection and testing of samples for the following purposes: (1) investigation of possible individual employee impairment; (2) investigation of accidents in the workplace or incidents of workplace theft; (3) maintenance of safety for employees or the general public; (4) maintenance of productivity, quality of products of services, or security of property or information; or (5) whenever the University, in its judgment, determines that such testing is in the University's best interests and not prohibited by applicable law. B. Any testing under this Policy shall occur during or immediately after the regular work period of current employees and shall be deemed work time for purposes of compensation and benefits for current employees. C. The University shall pay all costs of testing, including transportation if necessary if testing is conducted off-site. D. Testing Procedures. (1) The collection of samples shall be performed under reasonable and sanitary conditions with due regard to the privacy of the individual being tested. (2) Samples shall be collected and tested in a manner reasonably calculated to prevent substitutions or interference as well as to avoid contamination or adulteration. Samples shall be properly labeled to avoid erroneous identification of test results. (3) Testing shall conform to scientifically-accepted analytical methods and procedures and shall include verification or confirmation of any positive test result by gas chromatography-mass spectroscopy, or other comparably reliable analytical method, before the test shall be used for any adverse employment action. (4) The person tested shall have the opportunity to provide notification of any information he or she deems relevant to the test, including identification of currently or recently used prescription or non-prescription drugs, or other relevant medical information. March 2010 121 V. UNIVERSITY ACTION. Upon receipt of a certified or confirmed positive drug or alcohol test result which indicates the use of drugs or alcohol as described in paragraph III above, or upon the refusal of an employee or prospective employee to provide a sample or to sign the consent/release form described in paragraph III above, the University may use that test result or refusal as the basis for disciplinary, rehabilitative or other actions, which may include the following: A. A requirement that the employee enroll in a University-approved rehabilitation, treatment, or counseling program, which may include additional drug or alcohol testing, as a condition of continued employment; B. Suspension of the employee with or without pay for a period of time; C. Termination of employment; D. Refusal to hire a prospective employee; or E. Any other action consistent with University policy or procedure, or which the University in its judgment otherwise determines to be in the best interests of the University. VI. CONFIDENTIALITY. A. All test results, reports or other information received by the University through its testing under this Policy are confidential and will not be disclosed except as follows: (1) in connection with any action taken by the University as described in paragraph V above; (2) in defense of any claim made or action brought against the University; or(3) as otherwise provided or allowed by applicable law. B. The information described in the foregoing subparagraph A shall be the property of the University. VII. NOTICE. This Policy, and any subsequent changes hereto, shall be distributed to employees and be available for review by prospective employees. VIII. MISCELLANEOUS. A. The University may in its discretion change this Policy at any time. Any such changes, however, shall be applied prospectively only. B. Neither this nor any other policy of the University constitutes a contract for continued employment and no such agreement is expressed or implied. I have received and reviewed a copy of the foregoing Drug and Alcohol Testing Policy. Employee or Prospective Employee_____________________________ March 2010 Date______ 122