Guidelines for the Implementation of Modified Fiscal Year Appointments During a Reduction-in-Force

Following the provisions of the Reduction-in-Force of Non-Tenured Employees and the Implementation of Modified Fiscal Year Appointments policies, the University President has assigned the Office of Human Resources responsibility for coordinating the implementation of modified fiscal year appointments (MODFY) for non-academic personnel employees.

Procedures

(1)    Each Vice President’s office will provide the Office of Human Resources with a final list of all non-academic positions to be converted to modified fiscal year appointments.  The list will identify each position’s account/position number; position title and level; new MODFY service base (9, 10, or 11 months) and work schedule (off-time/non-work time); and, the name of the current incumbent.  

(2)    The Office of Human Resources will notify all affected employees of their position’s conversion and provide them the option to voluntarily agree to convert to a MODFY service base, at a proportionately reduced salary. 

a.       If the employee accepts the conversion, they will be terminated in accordance with their present contract, and Human Resources will prepare and execute a new MODFY service base contract.  Human Resources will also provide any requested benefits counseling.

b.      If the employee declines the conversion, the employee will be terminated in accordance with their university contract and in compliance with TBR Personnel Guideline P-010.  Human Resources will prepare and deliver the termination notice, and provide the employee final benefits counseling.

c.       If the re-designated position is to be opened for immediate re-hire, the terminated employee will be granted reinstatement rights to the re-designated position for five (5) working days from the date of the termination notice.  After five (5) working days from their termination date, the terminated employee has no more reinstatement rights to the re-designated position.  If the employee exercises reinstatement rights, Human Resources will prepare and execute a MODFY service base contract.  If the employee fails to exercise reinstatement, the department is cleared to advertise or fill the position through transfer, promotion, etc. 

d.      The Office of Human Resources will notify departments when their vacated re-designated MODFY positions are clear for advertisement, transfer, promotion, etc. 

(3)    Employees immediately converting to MODFY appointments without a break in service will not be subject to a new 6-months probationary period.

Source:  Approved by President's Council March 12, 2003.