Miscellaneous Human Resources Policies                       UPPS No. 04.04.01

and Procedures                                                                    Issue No. 11
Effective Date: 03/30/2007
Review: July 1 E2Y

 

 

01.       POLICY STATEMENT

 

01.01  This UPPS establishes miscellaneous Texas State human resources policies and procedures that are not specifically covered by individual UPPS's. For other human resources policies and procedures see UPPS No. 04.04.XX series.

 

02.       PROCEDURE FOR ENROLLMENT AND PARTICIPATION IN ACADEMIC AND NON-ACADEMIC PROFESSIONAL DEVELOPMENT ACTIVITIES

 

02.01  Professional development activities include formal training or education activities such as workshops, conferences, seminars, and academic courses that are designed to enhance an individual’s personal and professional development and growth. As an employment benefit, the University will pay or provide release time for certain professional development activities for eligible Texas State faculty and staff as provided below. 

 

The provisions of this section meet the requirements of the State Employees Training Act of 1969 as amended.

 

a.   Academic Professional Development Activity is the enrollment and participation in college or university credit courses. Tuition and fees for college or university credit courses at Texas State or other accredited institutions of higher education may be paid with department funds if (1) the course is directly related to the employee’s current or prospective job duties in the department and (2) both enrollment in the courses and the payment is approved by the employee’s department head or other appropriate approval authority.

 

b.   Non-Academic Professional Development Activity is the enrollment and participation in professional development activities that are not college or university credit courses. Registration and other similar fees, as well as appropriate travel costs, may be paid with department funds if (1) the activity is directly related to the employee’s current or prospective job duties in the department and (2) both enrollment in the activity and payment is approved by the employee’s department head.

 

c.   Fees for Texas State University Credit Courses – Texas State will pay certain fees, not all fees, for any of its employees enrolled in a Texas State credit course provided the employee (1) has been approved to take the course and (2) is a full-time regular employee at the University. These fees are also paid for participants in the Teacher Fellows Program. Fees paid by Texas State are automatic for each employee enrolled or Teacher Fellow Program participant and include:

 

1)   Student Service Fees

2)   Designated Tuition

3)   Computer Use Fee

4)   Publications Fee

5)   Student Center Fees

6)   Bus Fees

7)   Recreational Sports Fees

8)   Library Fee

9)   Medical Service Fee

10)International Education Fee

11)Off-Campus Course Fee

 

d.   Staff Professional Development Activities

 

1)   The University considers time away from work during regular working hours to attend non-academic professional development activities that are directly related to employee’s current or prospective job duties as training time. The employee should record this time as normal work time on his or her timesheet rather than as personal leave.

 

2)   Within the limits specified below, time away from work during regular working hours to attend academic professional development activities (college or university credit courses) that are (1) directly related to the employee’s current or prospective job duties in the department or (2) part of a formal degree program being followed for a bachelor’s or graduate degree will be considered training time. This time should be recorded as “class release time” on the employee’s timesheet and does not have to be charged to personal leave.

 

Staff Enrollment in College or University Credit Courses:

 

The University may release full-time regular staff to take one course during regular work hours if the staff member’s department head determines that the release will not materially affect department operations. When he or she denies a request, the department head will provide the staff member with written reasons for the denial.

 

Under this provision, full time staff may be released up to three hours per week during each long semester and six hours per week during only one summer session. The mini-semester has been determined to be a part of Summer I by the Texas Higher Education Coordinating Board, and thus any courses taken during the mini-semester are subject to the summer release limit.

 

The three and six hour release time limits apply to courses taken (1) on the Texas State campus, (2) at a location off campus, (3) at another institution, and (4) online or through distance learning.  Any time taken in excess of the allotted release time limits, including travel time to and from the course location, must be made up by working additional hours in the same week or charged to an appropriate leave category for the employee.  

 

The department head’s approval to attend any course during working hours must be in writing on the Enrollment in Academic Courses and Tuition/Fee Payment Request form (available on the Human Resources website) and forwarded to Human Resources before the staff member attends any course under this provision. The approval will be placed in the staff member’s personnel file.

 

Additional courses may be taken by staff members outside regular working hours, subject to the condition that acceptance of full-time employment is a commitment to render full-time service. Outside interests and activities must not interfere with carrying out that commitment.

 

3)   The staff member’s department head has the sole discretionary authority to approve or deny a staff member’s request to attend any professional development activity during working hours and to determine if time taken to attend such a course is to be considered training time.

 

4)   Employees attending a professional development activity that is not directly related to the employee’s current or prospective job duties; is outside the allotted release time limits specified for college or university credit courses (including travel time to and from the course location); and is designated as self development time, must work additional hours in the same week or charge their leave to an appropriate leave category.

 

e.   Faculty Professional Development Activities – Faculty members may attend academic classes at Texas State or elsewhere provided that such enrollment does not interfere with the completion of assigned duties.  If a fee payment is requested for Texas State courses, requests are initiated by the full-time faculty member at the department level on the Enrollment in Academic Courses and Tuition/Fee Payment Request form (available on the Human Resources website). If enrollment is related to current or prospective assignments, absence from campus is not considered a leave of absence, but rather a part of the faculty member’s regular University activities. Faculty members may also enroll in courses at Texas State or elsewhere for personal development provided that attendance does not interfere with the completion of assigned duties. In either case, the faculty member should notify the department chair in writing before enrolling in classes so that the chair can determine that no conflict exists.

 

02.02  In some instances, the Internal Revenue Service (IRS) may consider the payment of tuition and fees by the University for an employee as taxable income.

 

a.   All employer-paid education expenses that would be considered tax deductible if the employee had paid for it are not considered taxable wages and will not be added to the employee’s income. According to IRS rules, tax deductible education expenses:

 

1)   Are required to keep the employee’s present salary, status or job, or

2)   Maintain or improve skills needed in the employee’s present job.

3)   Include tuition, books, supplies, lab fees, and similar items

4)   Include certain travel and transportation and other education expenses.

5)   Do not include travel as education (e.g. Study Abroad travel expenses)

6)   Do not include meals.

 

b.   Employer-paid education expenses that qualify the employee for a different line of work may be considered taxable wages to the employee. However, the IRS considers all teaching and related duties as the same general line of work. Consequently, these cases may have to be reviewed individually.

 

c.   Education expenses needed to meet minimum educational requirements of a certain position as required by the University or required by law may be considered taxable wages. If a certain position requires a minimum of education, an employee hired into the position on an interim basis would not be exempt from taxes for education expenses because he or she would need to meet the minimum requirements to keep the position. If the educational requirements change after the employee has been hired, then the employee is considered to have met the minimum requirements and is exempt from taxes on the educational expenses. These cases may have to be reviewed individually.

 

02.03  If an employee who has had tuition or fees for academic professional development paid terminates employment with the University prior to the end of the semester for which the tuition and fees were paid, the employee must reimburse the University for any and all tuition and fees paid by the University.

 

Terminating employees must contact the General Accounting Office (Accounts Receivable) to make arrangements for repayment of amounts owed.  Failure to make payment in full will have consequences such as:  warrant holds against the individual being placed with the State Comptroller, filings made with credit reporting entities, financial holds placed on student records, and judicial prosecution.

 

02.04  The release time limits and leave requirements in this section are separate from any of those specified for programs in UPPS No. 04.04.35, Professional Development and Educational Opportunities.

 

02.05  An Enrollment in Academic Courses and Tuition/Fee Payment Request form must be completed for everyone taking an academic course at Texas State or other accredited institution of higher education. The form is to be submitted to the department head for appropriate approvals. The department head will forward the form to Human Resources for employment eligibility verification. Human Resources will forward the form to the Cashier’s Office where it will (1) trigger automatic payment of any approved Texas State tuition and the fees in the Texas State fee payment program, (2) serve as the confirmation document for tuition and fee payments at Texas State or other accredited institution of higher education, and (3) ensure that any IRS requirements regarding any payment of tuition and fees for an employee will be addressed.

 

03.       PROCEDURE FOR NOTIFICATION OF ABSENCE OR TARDINESS

 

03.01  Punctual and regular attendance is expected of all University faculty and staff. When unable to report for work, faculty and staff are expected to notify the immediate supervisor or other appropriate individual as soon as possible. Except in unusual cases, the faculty or staff member should personally notify their immediate supervisor.

 

04.       WORKING HOURS

 

04.01  Regular University working hours for administrative offices are from 8:00 a.m. to 5:00 p.m. (including a one-hour lunch period) Monday through Friday. However, the President or department head may authorize other hours that meet University requirements. Certain offices may be required to remain open during the noon hour, in which event, lunch hours will be staggered.

 

Offices may also be required to provide services before 8:00 a.m. or after 5:00 p.m. Employees may be required by their supervisors to work hours other than 8:00 to 5:00 as a condition of employment, either regularly or temporarily, to meet the University's service needs.

 

04.02  The use of "flex time" is encouraged as a means of providing the best possible delivery of services. When the family or personal needs of employees do not conflict with the University's needs to meet the demands of its internal and external customers, as well as state law and Regents' Rules regarding operating hours, account managers may allow the workforce to stagger their work hours. If a supervisor denies an employee request for a flexible work schedule (one other than 8:00 a.m. to 5:00 p.m. with a one hour lunch period), the supervisor must provide the employee with a written explanation of the denial within one week following receipt of a written request for a flexible work schedule. Only if the employee does not receive a written explanation for the denial, may he or she appeal the denial to the supervisor's supervisor who shall respond in writing within two weeks of receipt of the appeal. The supervisor’s supervisor’s decision is final.

 

Flexible work schedules may be used year round, but are especially encouraged during the period between the May commencement and the August commencement ceremonies.

 

04.03  Two 15-minute rest periods during the normal workday are authorized for full-time employees, one in the morning and one in the afternoon. Employees working at least half-time, but less than full-time, are authorized one 15-minute rest period per day. Employees working less than half-time are not authorized rest periods. Rest periods cannot be used to shorten the workday or lengthen the lunch hour. Rest periods within a given office should be staggered.

 

05.       PROCEDURES REGARDING NON-BUSINESS VISITORS, FAMILY MEMBERS, AND NON-BUSINESS TELEPHONE CALLS IN THE WORKPLACE

 

05.01  Supervisors may deny or restrict workplace access to non-business visitors and employee family members during both work and non-work periods. Supervisors may also limit or restrict non-business telephone usage. Supervisors are encouraged to adopt reasonable provisions for their particular work situations. However supervisors have full discretion in determining appropriate policies for these matters.

 

06.       PLACE OF WORK

 

06.01  An employee's department head will determine the employee's normal place of work or assigned duty point. The employee's dean or vice president must concur with the determination. The President's authorization is required if the employee's normal place of work is the employee's home. (See Section 06.02 Telecommuting)

 

06.02  Telecommuting (work-at-home): Employees may not consider their personal residence as their regular place of work or duty point without the prior written authorization of the President. In addition, the following policy and procedures will apply:

 

a.   Department heads must route any work-at-home requests through normal administrative channels to the President. Requests must (1) specify the time period for the work at home arrangement, and (2) justify the request. The department head must provide a copy of the approved request to Human Resources.

 

b.   Timekeeping - no employee may accrue state compensatory time, even for time worked on an official university holiday, for work performed at the employee's personal residence.

 

However, non-exempt employees approved to work at home are eligible for FLSA overtime in accordance with the provisions of UPPS No. 04.04.16.

 

c.   Workers’ Compensation - Employees approved to work at home are covered by normal Workers’ Compensation rules as provided in UPPS No. 04.04.43.

 

d.   Employee requirements - during the approved work-at-home period, the employee will:

 

1)   inform the department head of any changes which affect the work- at-home arrangements;

2)   honor all copyrights for software provided by Texas State; and

3)   be subject to normal university policies and procedures.

 

e.   Termination of arrangement - The President may terminate any work at home arrangement at any time. Such action is not necessarily an adverse personnel action. The President's decision is final.

 

f.    Criteria for approval - When evaluating work-at-home requests, the President will consider the following criteria:

 

1)   The best interests of the university.

2)   The minimum technological requirements to perform the job duties and the impact on Texas State of meeting these requirements.

3)   The confidentiality of information that would be taken from the regular site and the ability to maintain that confidentiality.

4)   The ability of the employee and supervisor to establish work expectations and a means to measure productivity and performance.

5)   The amount of time the position's duties require the employee to be physically at the regular office site.

6)   The impact that such an arrangement will have on other employees and the services provided to customers.

7)   The confirmation that the employee will be able to secure Texas State materials and equipment.

 

07.       FACULTY AND STAFF GROUP INSURANCE PROGRAMS

 

07.01  All regular faculty and staff members are eligible to participate in the University's group insurance programs which include medical, dental, term life, accidental death and dismemberment, short and long term disability and long term care insurance. Detailed information (including descriptions, limitations, and premium rates) is available in each new employee packet and from Human Resources.

 

08.       POLITICAL ACTIVITY

 

08.01  State law (Texas Constitution, Article 16, Section 40) provides that State employees "shall not be barred from serving as members of governing bodies of school districts, cities, towns, or other local government districts; provided, however, that such State employees. . . shall receive no salary for serving as members of such governing bodies." Thus, an employee could hold a non-remunerative office concurrently with employment at Texas State; but, if elected to a remunerative office, the employee would have to terminate Texas State employment, not accept pay for the other position, or apply for a leave of absence. Further, employees serving on the above referenced governing boards should take prudent steps to ensure that they serve their appointed capacities at times other than while on duty at the University. Obligations to governing boards during the employee's scheduled working hours should be conducted in accordance with UPPS No. 04.04.30, University Leave Policy.

 

08.02 In pursuing political activities, employees need to be cautious that they do not create the impression that they officially represent the University and that they do not neglect their duties at the University. Political activity involving employees will be conducted away from the University and not at University expense. Employees will not conduct political activities during normal working hours.

 

09.       DISCLOSURE OF SOCIAL SECURITY NUMBERS

 

09.01  The University requires its employees to furnish their social security numbers in order to verify their identities. Disclosure of these social security numbers is mandatory. The University's recordkeeping system was established prior to January 1, 1975, pursuant to the authority given the Board of Regents, Texas State University System, in Section 95.21 of the Texas Education Code. These numbers are also solicited under the statutory authority of 42 U.S.C.A., Section 405(c)(2)(C).

 

10.       CRIMINAL OFFENSE REPORTING OBLIGATIONS

 

10.01  All Texas State employees have an obligation to report actual or suspected crimes such as physical harm, theft, fraud, embezzlement, destruction of property or other irregularities resulting in the loss of cash, property or other assets of the University to the University Police Department (UPD).

 

10.02  Employees are expected to cooperate with police and internal audit investigations. Investigations conducted by these offices are confidential.

 

11.       PROCEDURES FOR DISSEMINATION OF POLICY

 

11.01  The Provost and Vice President for Academic Affairs (VPAA) will ensure that all policies in this UPPS applicable to faculty are published in the Faculty Handbook.

 

11.02 The Director of Human Resources will ensure that all policies in this UPPS applicable to staff are published in the Staff Handbook.

 

12.       REVIEWERS OF THIS UPPS

 

12.01  Reviewers of this UPPS include the following:

 

Position                                                          Date

 

Director, Human Resources                        July 1 E2Y

 

Director, Equity and Access                        July 1 E2Y

                                                                       

Chair, Staff Council                                       July 1 E2Y

 

Chair, Faculty Senate                                   July 1 E2Y

 

13.       CERTIFICATION STATEMENT

 

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

 

Director of Human Resources; senior reviewer of this UPPS

 

Vice President for Finance and Support Services

 

President