14. Emergency Response. In the event of an emergency situation, which is expected to last more than a week (7 calendar days) in length and declared by the Chancellor or the campus' Chief Executive Officer, all normal USNH and campus policies for the safety rights of employees and management rights to direct work will remain in effect. (See also USY.V.D.10, USY V.F.5.3, USY V.F.6.3, and USY VI.F.3.3.3.1.2.6.) The Chancellor or CEO may declare either partial or full Emergency Operations for an extended period of time.
14.1 Staffing. All employees are expected to report to work, unless notified otherwise. The institution and its managers will assess the safety of working conditions and will account for that in assigning work. In addition, each employee is expected to assess her/his personal safety and respond accordingly.
14.2 Monetary Payment
14.2.1 In addition to their normal rate of pay plus any applicable additional pay, such as shift and overtime, staff members who work during an Emergency Operations may receive an emergency work stipend as determined by the CEO, in conjunction with the Human Resources Office, based on circumstances of the emergency, the nature of the emergency, and institutional needs.
14.2.2 Those status staff and fiscal year faculty not required to report to work and not assigned to work will be paid for the first 5 emergency leave days of time where offices are closed. After the first 5 emergency leave days, it is expected that staff will use accrued Earned Time/vacation leave, or be on leave without pay, unless they are already using paid sick leave or other appropriate paid leave.
14.2.3 If there is no communication with an employee after the first week (7 calendar days), the employee’s paid earned time or leave time will be used until there is notification from the employee not to use leave time, curtailed operations end, or the leave time is exhausted, whichever comes first. (See USY V.F.11.4.7 if there is an overpayment.)
14.2.4 When an employee exhausts paid leave time, s/he has a choice of taking a leave of absence without pay with benefits for up to 90 days or terminating employment in order to seek eligibility for unemployment compensation. (For leave of absence, see USY V.C.16). If an employee fails to return after a leave of absence during curtailed operations, the institution may make an exception and not require repayment of benefits paid on the employee’s behalf during the first 90 days of the leave without pay if it is determined that the circumstances of the emergency are the main reason that the employee chose not to return to work.
14.2.5 It is expected that active status and non-status faculty hired on an academic year or semester/term basis (i.e. with no accumulated vacation time) will continue in a paid status for the remainder of the semester in which the institution is closed with the expectation that work to complete a semester may be made up at a later date (e.g. semester dates are extended into the summer). Any decision to continue pay beyond the end of the semester in which the emergency occurred will be made by the Chancellor based on the conditions at the time of the decision.
14.3 Benefit Continuation. Medical, dental, and life insurance benefits will continue for the first 90 days of a declared emergency status regardless of the employees active work status. Retirement benefits will continue if an employee is in a paid status. Conditions for continuation of benefits for a period more than 90 days will be determined by the Chancellor before the end of the 90 day period. Continuation of benefits will require employees to make their own benefit contributions, but arrangements may be made for later payment.
14.3.1 Employees are not eligible for long term disability for an illness or injury that begins after the end of employment, but will remain eligible for long term disability while in an active leave status as described in the plan document. The exclusions of that plan (e.g. injury resulting from participation in a riot, or as a result of an act of war) will continue to apply.
14.4 Other Considerations. The following delegations are made to each campus Human Resources Office:
- Suspension of deadlines for grievances
- Extension of probationary periods
- Extension of introductory periods
- Extension of leaves of absence about to expire