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Notice of Non-Reappointment for Unclassified Professional Staff - FAQs

What is a notice of non-reappointment?

Unclassified professional staff may be re-appointed on an annual basis at the beginning of each fiscal year (July 1 – June 30), unless a previous notice of non-reappoint has been issued. The non-reappointment letter provides the employee notice that University employment will no longer continue after a specified date.

What are some reasons for issuing a notice of non-reappointment?

A variety of reasons can be the cause for a notice of non-reappointment including a permanent salary reduction, an FTE reduction, change in funding source which alters the appointment to a “contingent on funding” appointment, budgetary constraints, shortage of either work or funds, program discontinuance or restructuring, or in the best interest of the University.

 

How much notice is provided to an unclassified professional staff member before his or her appointment is ended and when are these actions made effective?

The University’s Notice of Nonreappointment for Unclassified Professional Staff (UPS) policy states: 

During the first three (3) fiscal years of continuous service on regular, fiscal year appointments with the University and after successfully completing the probationary period, notice must be given no later than May 17th for non-reappointment the following fiscal year. After completion of the third full fiscal year of continuous service on regular staff appointments with the University, the individual must be given notice no later than March 30th if the employee will not be reappointed the following fiscal year . . .

Certain appointments subject to special employment conditions are defined by the University’s policy on Employment Conditions and are exempt from the provisions of this policy pertaining to notice periods and appeals. [Emphasis Added] Those exclusions include:

  •  Contingent on funding appointments;
  •  Serve at the pleasure of appointments; or
  • Limited term appointments . . .

In the event of termination because of program restructuring, or discontinuance of a program, or termination due to budgetary constraints, or emergencies, the specified notice of non-reappointment time periods do not apply. [EMPHASIS ADDED] Individuals whose appointments are being terminated because of budgetary constraints or emergencies will be provided a minimum of no less than two (2) weeks advance notice regarding the termination of their appointment, except in extreme circumstances.

Who is authorized to issue a notice of non-reappointment for unclassified professional staff?

Only administrators (or their designees) as specified in the Chancellor’s Delegation letter are authorized to issue notices of non-reappointment. Those administrators may designate Human Resource Management to issue the written notice.

What appeal, if any, exists for this action?

The University’s Notice of Nonreappointment for Unclassified Professional Staff (UPS) policy states: 

A staff member who asserts that a decision to give notice of non-reappointment constitutes a violation of established University procedures is entitled to appeal such decision by submitting a written appeal within fourteen (14) calendar days of the date of the written notice of non-reappointment to the administrator issuing the notice. If an unclassified professional staff reports directly to the administrator issuing the notice of non-reappointment, the employee may appeal that procedural violation to an administrator designated by the Provost or Chancellor for that purpose. Such an appeal cannot be based on any reason other than that the notice violated established University procedures for non-reappointment. This is the sole avenue for appeal of a notice of non-reappointment. [EMPHASIS ADDED]

However, there is no appeal for termination of appointments with employment conditions that:

  •  serve at the pleasure of;
  •  are contingent on funding;
  •  are limited term appointments; or
  •  terminations based on financial exigency.

What happens to my unused leave if my appointment is terminated through a notice of non-reappointment?

If you are not retirement eligible, any remaining accrued sick leave is forfeited. Any remaining accrued vacation leave will be paid with your last paycheck up to a maximum of 176 hours.

If you are retirement eligible, you will be paid for remaining accrued vacation leave up to a maximum of 240 hours. Sick leave payout upon retirement is based upon years of service and accumulation of hours. For more information, visit Retirement Benefits.

Non-exempt staff would also be paid for any remaining balance of compensatory time.

If I elect to retire upon receipt of a notice of non-reappointment, will I be eligible for unemployment benefits?

If the effective date of your retirement is before the effective date in your notice of non-reappointment, your retirement would supersede the non-reappointment.  Otherwise, your retirement would have no effect on your non-reappointment.

If I elect to resign upon receipt of a notice of non-reappointment, will I be eligible for unemployment benefits?

If you receive a notice of non-reappointment, you may be eligible for unemployment benefits. However, if a comparable position is offered and refused or if you resign, you may be ruled ineligible for unemployment compensation by the agency (State Department of Labor) that makes those determinations. Also, before resigning, you should contact the Benefits Office at benefits@ku.edu or by phone at 785-864-4946 for information about how your benefits will be affected. The Benefits Office can also provide information regarding COBRA coverage for continuation of health benefits as necessary.

What support does the department provide to the unclassified professional staff who receives a notice of non-reappointment?

You may be granted a reasonable amount of release time for interviewing for on-campus positions, as long as the time is pre-arranged with your supervisor and it does not create a hardship on the work unit.  You should use accrued leave (non-sick leave) when attending off campus interviews.

Will I continue to perform the same duties once I am notified of a non-reappointment?

An unclassified professional staff member who has received a notice of non-reappointment may be reassigned to other duties and/or to an alternate supervisor until the effective date of the non-reappointment. An employee may also be relocated to another work site and/or have electronic system access and/or privileges modified or disabled.

What support can HRM provide to employees facing a loss of job through the non-reappointment process?

HRM provides a variety of services to support employees who are facing a loss of job through the non-reappointment process. Please visit Unemployment for details.


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