HR Administrative Policies

Scope

This policy applies to departments hiring foreign nationals, incoming foreign nationals, and foreign nationals holding positions at RIT.

Policy Statement

Individuals who are foreign nationals are required to work with the institute's designated legal counsel for immigration. Foreign Nationals are responsible for maintaining their eligibility for employment in the United States throughout their employment with RIT. Hiring supervisors and search committee chairs should work with the Compliance and Ethics Manager to ensure that prospective employees who are foreign nationals hold appropriate visas upon date of hire and maintain appropriate visa status during their employment.

Procedures & Resources

Refer to this page for information on procedures and resources.

Policy History

Edited April 2019

Non-Discrimination

RIT does not discriminate. RIT promotes and values diversity, pluralism and inclusion in the work place. RIT provides equal opportunity to all qualified individuals and does not discriminate on the basis of race, color, creed, age, marital status, sex, gender, religion, sexual orientation, gender identity, gender expression, national origin, veteran status or disability in its hiring, admissions, educational programs and activities.  For more information or inquiries, please visit RIT/TitleIX or the U.S. Department of Education at ed.gov.

RIT provides reasonable accommodation to applicants with disabilities, veterans or wounded warriors where appropriate. If you need reasonable accommodation for any part of the application and hiring process, please contact the Human Resources office at 585-475-2424 or email your request to careers@rit.edu. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

The university does not condone retaliation or harassment against any employee or applicant on the basis of the individual's exercise of his or her rights (e.g. filing a charge) or because of an individual's race, color, creed, age, marital status, sex, gender, religion, sexual orientation, gender identity, gender expression, national origin, veteran status or disability.

Affirmative Action

RIT complies with all government requirements for establishing and implementing an affirmative action plan process. RIT's Affirmative Action Officer is the Vice President and Associate Provost for Diversity and Inclusion.

Upon request, this plan is available for review by any employee or applicant for employment by appointment during regular business hours.  Please contact Lori Sykes, Compliance and Ethics Manager, at 585-475-7393 or ljspsn@rit.edu for additional information.

Policy History

Edited January 2015

Scope

This policy applies to all employees.

Policy Statement

Consistent with the Immigration Reform and Control Act of 1986 (IRCA) regarding the employment of non-United States citizens, all individuals hired by RIT are required to verify their identities and eligibility to work legally in the United States at the beginning of their employment. The Form I-9 is used to document evidence of residence and employability in the United States under the provisions of IRCA.

Procedures

The following procedures regarding the completion of the Form I - 9 apply to Human Resources and all departments processing faculty and staff for employment at RIT:

• New employees must complete Section 1 of the Form I-9 on or before their first day of employment.  New employees will be sent an email from Equifax Compliance Center with instructions for how to login and complete their I9 Part 1 and required employment forms. 
• New employees must present valid identification documents to a representative of the Human Resources Department in Eastman Hall no later than the third day of employment.
• Individuals are not processed for payroll without completing the Form I-9.
• An I-9 Form must be on file for all regular employees as well as adjunct faculty and temporary employees. (Temporary associates assigned to work at RIT through a staffing firm are not on the university's payroll and thus complete their I-9 forms with the staffing firm.)
• RIT complies with IRCA by retaining an I-9 form for each employee for three years from the date of employment or one year following termination, whichever is later. Human Resources is accountable on behalf of the university for compliance with these requirements, therefore, all I-9 forms are retained centrally by Human Resources.

Policy History

Edited December 2021

Scope

This policy applies to all employees.

Policy Statement

As an Affirmative Action employer, RIT posts open positions on its Career Web Site for a minimum of five (5) days, allowing candidates to apply. All candidates, including internal candidates, must apply through the Career Web Site to be considered an applicant. Past performance appraisals are part of the review process when considering an internal candidate for the open position.

At times, the University may opt not to post a position in certain circumstances, which include but are not limited to, the following:

• Skill level promotions which are not classified as an open position.
• Internal transfers or demotions deemed in the best interest of the employee and the university, and which occur as the result of the displacement, potential layoff or termination of an employee.
• University obligations such as return from military leave.
• Reallocation of positions or resources within an organizational unit.
• Extensive departmental or divisional restructuring.
• As a result of formal succession planning.

Other general recruiting, hiring and interviewing assistance for managers can be found here.

Policy History

Edited September 2010

When a former regular* university employee has had a break in service and is rehired, the employee may be eligible for service credit for the prior employment period.  Previous regular service** is any continuous employment at RIT as a regular employee for at least one year or complete duration of at least one academic year contract period.  If the former employee’s prior period of regular service is greater than the employee’s break in service, full credit is given for the previous regular service and there would be an adjusted date of hire.  If the break in service was longer than the prior period of regular service, no credit is given for the prior period of regular service.  Therefore, the date of rehire would become the employee’s date of hire.

Beginning with rehires on and after January 1, 2019, when there are multiple periods of regular service (i.e. hired, departed, rehired, departed, etc.), the duration of the most recent break in service period is compared to the duration of the most recent service period, using the prior date of hire (or adjusted date of hire, if applicable) to determine if the employee is eligible for service credit.

The date of hire or adjusted date of hire, if applicable, is used to determine benefits eligibility and any applicable waiting periods for all benefits; this does not apply, however, to the waiting period for the RIT matching contribution to the RIT Retirement Savings Plan.  Generally, all prior RIT service (regular, RIT temporary, adjunct, and student worker service) counts towards the waiting period for the RIT matching contribution, even if the rehired employee is not eligible for an adjusted date of hire.  Additionally, solely for purposes of the RIT Retirement Savings Plan, a rehired employee will not be deemed to have a break in service if the employee is rehired within 12 months.

Any prior service that was credited prior to January 1, 2019 will remain in effect for individuals who are employees on January 1, 2019; however, if an employee leaves RIT employment after January 1, 2019 and is later rehired by RIT again, the new rules would apply even with regard to the service that had previously been credited.

* Temporary, adjunct, and student workers are not regular employees.

** Temporary, adjunct, and student worker service does not qualify as regular service.

Policy History

Edited February 2019

RIT is committed to providing a safe and secure campus for its students, staff, faculty and visitors, and to protecting the material resources of the university. Learn more about the background check (screening) requirements for RIT employees and temporary staff, and camp or program workers involving minors. 

Learn More

Scope

This policy applies to all regular faculty and staff employees in work assignments that are less than 12 months and the pay for the assignment is paid over 12 months.

Policy Statement

Salary payments that are received prior to the assignment start date are considered advance payments (paid but not earned).  While the assignment covers a specific timeframe, all faculty, most exempt staff and some non-exempt staff are paid over 12 months each fiscal year beginning July 1 through June 30.

When the employment of either a faculty or staff member who has received advance payments terminates prior to the end of the appointment or assignment, or when an employee’s plan of work (or work schedule) is reduced which results in a corresponding reduction in salary, the employee is responsible for returning to RIT any salary advance received and not earned. 

Policy History

• Edited March 2013
• Edited July 2017
• Edited May 2020

Work Schedule

The typical university work schedule for full-time non-exempt staff is 8 hours per day, 40 hours per week. Actual hours and days of employment vary depending on department needs and specific assignments. A maximum of one hour is generally scheduled as an unpaid lunch break between 11:00 a.m. and 2:00 p.m. Regular full-time staff members who work this schedule receive benefits based on an 8 hour work day. Circumstances occasionally necessitate a non-standard work week for full-time non-exempt staff. In these situations, employees receive benefits based on the standard work week. A standard work week is defined as those hours regularly scheduled and expected to be worked by the employee.

Breaks

At supervisor discretion employees may be assigned to a configuration of hours that varies from the position's standard work week. Benefits are based upon employee standard work week or the actual hours worked, whichever is less.

Two fifteen minute "breaks" may be taken each working day. The breaks should occur approximately midway through the pre-lunch and post-lunch working period. Breaks are not cumulative and should not be used to extend the lunch hour or to shorten the working day. The break privilege may be withdrawn if abused.

Part-time non-exempt employees are provided with one 15 minute break for each four hour period worked in any given day.

Additional pay is not provided for breaks not taken.

Meal periods

State and Federal labor laws require that an unpaid "meal period" of no less than 30 minutes be provided to employees working through the midday time and in excess of 6 hours. Every person employed for a period or shift starting before 11 a.m. and continuing later than 7 p.m. shall be allowed an additional meal period of at least 20 minutes between 5-7 p.m.

Compensation

As employees who are entitled to the benefits of the pay provisions of the Fair Labor Standards Act (FLSA), non-exempt employees are paid for all hours worked and are paid overtime for hours worked in excess of 40 in a work week.

Policy History

Edited September 2010

Procedure

As a federal contractor, RIT will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with RIT’s legal duty to furnish information.

Effective Date

January 2016

Scope

This policy applies to all regular staff who are hereafter referred to as employee(s).

Policy Statement

This policy guides supervisors and employees in addressing performance and/or conduct related concerns, including challenges in fulfilling job responsibilities and conduct that violates university policies, procedures, or practices. Corrective action should be used with the goal to facilitate improvement in performance and/or conduct with the lowest possible level of intervention required to affect the desired change and should be administered consistently and in a manner that is proportionate to the associated concern.

The provisions of this policy do not constitute or imply an employment contract or otherwise modify the at-will nature of employment. Failure to comply with this and related policies is subject to disciplinary action, up to and including termination of employment.

Responsibilities

Supervisors
Supervisors are responsible for providing timely and direct feedback to employees regarding any performance and/or conduct related concerns. This feedback should include written documentation that outlines the specific areas of concern, the expectations of acceptable performance or conduct, the support and resources available to assist the employee in meeting the expectations (as appropriate), and the consequences if the concerns are not corrected.
Supervisors should consult with their assigned Human Resources Business Partner prior to issuing formalized corrective action to employees. This includes all corrective actions apart from informal coaching as outlined below.

Employees
Employees are responsible for fulfilling all job responsibilities as outlined in their job descriptions and for making the necessary efforts to meet performance expectations. Employees are expected to be familiar with and abide by all university policies and procedures as well as federal, state, and local laws and to seek clarification in any area that may be unclear. Employees must exercise responsibility and sound judgment in their actions; the absence of a policy in a particular area does not imply acceptance of any particular action or behavior.

Corrective Action

Corrective action may be taken when an employee’s performance does not meet the expectations of the position, or when an employee’s conduct violates university policies, procedures, or standards of conduct. The performance improvement and corrective action process is typically progressive; however, the university reserves the right to move to an appropriate action, up to and including termination of employment, depending on the nature and severity of the concern.

Corrective action measures include, but are not limited to, the options outlined below. It is important to note that these actions are not prescribed and do not constitute automatic measures of corrective action. Each case should be reviewed individually with consideration of the specific infraction, nature of the circumstances, and review of the employee’s work record. All corrective actions and related materials should be documented and provided to Human Resources for placement into the employee’s personnel file.

Performance Improvement

The performance improvement process is typically appropriate when an employee’s performance does not meet the expectations of the position and should be used with the goal to assist the employee in meeting acceptable work standards. The performance improvement process is typically progressive; however, the university reserves the right to take an appropriate action, up to and including termination of employment, depending on the nature and severity of the concern.

Informal Coaching

• Informal coaching is an expected preliminary step in the performance improvement process and typically includes reviewing job requirements, communicating performance issue(s), seeking to understand the employee’s perspective, and engaging the employee in developing job-related objectives.
• These conversations should occur regularly as part of ongoing employee development.
• Supervisors should document and maintain records of all such coaching conversations, which generally includes notes and/or emails to the employee summarizing the dates and details of the conversations.

Letter of Expectations

• When informal coaching is ineffective in helping an employee to improve their performance, supervisors should counsel the employee regarding the nature of the concerns, the impact of the concerns, the required change, and the potential consequences for failure to meet and sustain the required change.
• Supervisors should provide the employee with a letter of expectations summarizing the details of the conversation. The employee should be afforded a fair and reasonable timeframe in which to address and rectify the identified performance issues.

Performance Improvement Plan

• A performance improvement plan (“PIP”) may be issued to an employee when prior performance measures are not successful. A performance improvement plan should include 1) the previous performance measures provided to date, 2) the specific areas requiring improvement, 3) the length of time (generally not to exceed 90 days) the plan is in effect, 4) expectations for performance including outcomes, deadlines, and measures to determine if the plan is successful, 5) the resources and support available to assist the employee, and 6) an acknowledgement statement and area for employee and supervisor signatures acknowledging the delivery of the plan.
• During the PIP, the supervisor should meet with the employee weekly to provide feedback on the employee’s progress and address any ongoing concerns. A progress report should be provided to the employee approximately midway through the evaluation period outlining the employee’s progress and/or ongoing concerns.
• New or serious performance concerns that arise during the PIP period may result in acceleration of the evaluation period, including, but not limited to, further corrective action or immediate termination of employment.
• The objective is successful plan completion. If the employee has not met the objectives by the end of the plan timeframe, options include a plan extension or other actions as appropriate, up to and including termination of employment. If the employee has successfully met the objectives of the plan, the supervisor should notify the employee of such in writing.

Misconduct

The following corrective actions are typically appropriate when an employee violates university policies or standards of conduct and should be used with the goal to ensure the employee’s commitment to immediate and sustained adherence. The level of corrective action will be issued in accordance with the degree of misconduct and shall be determined based on the frequency, severity, and/or nature of misconduct.

Letter of Expectations

• In the event of initial and/or less severe issues with an employee’s conduct, the supervisor should counsel the employee regarding the nature of the concern, the required change, and the potential consequences for failure to meet and sustain the required change.
• The supervisor should provide the employee with a letter of expectations summarizing the details of the conversation.

Written Warning

• In the event of continued or serious issues with an employee’s conduct, the supervisor should meet with the employee to hold a more formal discussion with the goal to establish immediate and sustained change.
• The supervisor should provide the employee with a written warning outlining any previous measures taken to address the concerns, the nature of the concerns, the impact of the concerns, the required change, and the potential consequences for failure to meet and sustain the required change.

Final Written Warning

• In the event of continued or egregious issues with an employee’s conduct, the supervisor should meet with the employee to hold a formal discussion with the goal to establish immediate and sustained change.
• The supervisor should provide the employee with a final written warning outlining any previous measures taken to address the concerns, the nature of the concerns, the impact of the concerns, the required change, and the potential consequences for failure to meet and sustain the required change.

Additional Measures

In certain circumstances, additional or separate actions may be warranted based on the nature and severity of the concern.

Suspension

• A suspension involves a temporary cessation of work, either with or without pay, and may be imposed as a temporary measure to further investigate a serious allegation of misconduct which may lead to termination.
• All suspensions must be reviewed and approved in advance by Human Resources, except for instances of immediate disruption or risk to the university. In such instances, the supervisor who has made the decision to suspend should consult with Public Safety immediately and must notify Human Resources as soon as practicably possible following the suspension.
• If an employee is suspended without pay pending investigation and the university determines the allegations are not substantiated, the employee will be given retroactive pay at the regular rate of pay, including shift differential if applicable, from the date of suspension.

Demotion

• Under certain circumstances, transfer to more suitable work for which the employee can reasonably be expected to perform successfully may be considered. Other forms of demotion include withholding or deferring salary increases and/or demotions in title or scope of responsibility.
• Adequate written documentation must precede any demotion. In addition, demotions must be reviewed and approved in advance by Human Resources.

Termination

• Termination of employment may result from, among other reasons, uncorrected performance issues and/or policy violations or egregious conduct. In cases where the nature and severity of the issue and/or a history of past infractions warrants, termination may be immediate.
• Adequate written documentation must precede any termination. In addition, terminations must be reviewed and approved in advance by Human Resources.
• It is not possible to list all situations that may lead to termination. Examples of conduct that may warrant termination include, but are not limited to:
  • Assault or threats of violence to any members of the RIT community
  • Possession of weapons on campus
  • Reporting to work under the influence of alcohol/drugs (except as prescribed by a physician), and/or unauthorized use of alcohol/drugs on university property or at university-related events
  • Harassment, discrimination, retaliation, and/or the use of epithets based on a protected class as outlined in Policy C06.0
  • Sex discrimination, including sex-based harassment or sexual violence as outlined in Policy C27.0
  • Destruction of university property
  • Theft or misuse of university equipment/property for personal business
  • Misuse of the university’s electronic information systems
  • Falsification, alteration, or improper handling of university-related records
  • Fraud
  • Improper timekeeping procedures
  • Blatant acts of insubordination or intentional deception of supervision
  • Indecent and offensive dress, language, or behavior
  • Breach of privacy or confidentiality
  • Sleeping on the job
  • Job abandonment/unauthorized absences of three days or more as outlined in RIT’s Absence Reporting Policy
  • Chronic and unapproved/unprotected absenteeism or tardiness
  • Repeated or continued performance deficiencies
  • Any other such egregious policy violations or conduct

Documentation

Supervisors should review all formalized corrective action efforts and associated documentation with their assigned Human Resources Business Partner prior to delivering such actions to employees. Employees should be provided with written documentation of all corrective actions, and their signatures should be obtained whenever possible. If an employee refuses to sign a warning, this refusal should be indicated within the signature area of the document.

All corrective action documentation should be sent to Human Resources for placement in the employee’s personnel file. Supervisors should also retain notes documenting such actions in their departmental files.

Appeal Procedure

Employees who believe the appropriate procedures have not been followed under this policy may address such concerns under RIT’s Staff Grievance Policy.

Policy History

• Last revised November 23, 2011
• Last edited December 8, 2011
• Last revised July 30, 2024

This policy, and its related procedures, is intended to 1) enable non-exempt staff throughout the university to participate as volunteers at university events, 2) ensure that all such voluntary participation is administered in compliance with applicable federal and state laws, and 3) provide employees and supervisors with consistent parameters for such voluntary participation.

Learn More

I. Scope

This administrative policy applies to all eligible Regular Staff, Regular Faculty, and Adjuncts as defined in RIT’s Employee Work Classification Policy (E.01) (“Employees”).  This policy does not apply to the following:

• Prospective employees who currently reside in a Domestic Out-of-Area Work Location, but intend to relocate to the greater Rochester, New York area if offered employment. 
• Student employees, including regular or RIT co-op employment arrangements, graduate teaching assistants, graduate grading assistants, or graduate assistants who are governed by the Domestic Remote Work for Student Employees policy. 
• Graduate Research Assistants (GRA) who are governed by the Guidelines for Graduate Students Working or Conducting Research Remotely.

II. Purpose

The purpose of this administrative policy is to establish the requirements for an employee to receive approval to complete the essential functions of their job responsibilities in a remote work location (1) outside of the greater Rochester, NY area (including New York City), or (2) outside of New York State but within the continental United States and the Hawaiian Islands. International remote work, and work conducted remotely in the United States Territories, is managed through a separate process.

III. Definitions

1. Domestic Out-of-Area Work Location means a work site where an Employee of the Rochester Institute of Technology (“RIT”) performs the essential functions of their job on a regularly scheduled basis at a predesignated and approved location (1) outside of the greater Rochester, NY area (including New York City), or (2) outside of New York State, but within the continental United States and the Hawaiian Islands.
2. Employee Work Site means the primary location where an employee completes the essential functions of their job. 
3. RIT Work Site means any university designated facility, or university-owned, leased, or operated facility or site.

IV. Policy

Eligible employees may work in an approved Domestic Out-of-Area Work Location when specifically hired to or after having received approval in advance to perform their job duties and responsibilities in such a location.  This policy applies to all Domestic Out-of-Area Work Location arrangements that exceed thirty (30) consecutive calendar days in a single calendar year. 

There are significant costs and complexities involved in administering legal and regulatory requirements for Domestic Out-of-Area Work Location arrangements. A single employee working remotely in another state may subject the university to that state’s labor and employment and tax laws, including withholdings, and other regulatory requirements.  Accordingly, Domestic Out-of-Area Work Location arrangements for either current or prospective employees exceeding thirty (30) consecutive calendar days in a single calendar year must be approved in advance in writing by the college or division’s respective Dean or AVP and will be limited to the states listed in the Appendix.

Requests to work in a location other than an approved state must be supported by a compelling business need and will require both the approval of an officer of the university or their designee and Human Resources prior to extending any offer of employment. Hiring for adjunct faculty outside of the greater Rochester area will also require this approval. Approvals in locations outside of those named in the Appendix will be rare and will only be considered in extenuating circumstances.

V. Additional Requirements for Domestic Out-of-Area Work Location Arrangements

The following additional requirements apply for each Domestic Out-of-Area Work Location arrangement:

1. Domestic Out-of-Area Work Location information must be submitted as soon as possible, but not less than four (4) weeks in advance of the out-of-area work start date. Once approved, supervisors can communicate with the Employee that the arrangement has been approved. 
2. Colleges or divisions with eligible employees who are approved to work in a Domestic Out-of-Area Work Location are responsible for completing the approval and notification processes. 
3. Colleges or divisions are financially responsible for the costs associated with complying and administering a Domestic Out-of-Area Work Location arrangement. This can include higher minimum wage, additional benefits required by the state, and other legal, compliance, and administrative costs incurred by the university. Application of these costs will be administered on a case-by-case basis. 
4. Additionally, due to the significant incremental compliance and financial cost to the university for having an out-of-state employee, initial and recurring fees, to be reviewed and determined annually, will be assessed against the hiring department for each hire outside of the approved Domestic Out-of-Area Work Locations (see Appendix). 
5. Employees working in a Domestic Out-of-Area Work Location are responsible for verifying that their primary work location address is accurately reflected in the Oracle Employee Self-Serve system. Taxes, payroll deductions, and the applicability of other labor and employment laws may differ based on the state where the work is performed. Employees working in a Domestic Out-of-Area Work Location should familiarize themselves with the applicable residency requirements and tax laws, and may be subject to additional wage, employment, reporting, and taxation requirements.
6. Colleges or divisions that request an employee outside of the approved Domestic Out-of-Area Work Locations must submit a request to the Remote Employment Administrator as soon as possible, and no less than eight (8) weeks prior to the requested date of hire. 

VI. Discontinuing Domestic Out-of-Area Work Location Arrangements

The university, at its sole discretion, may deny any Domestic Out-of-Area Work Location arrangement and reserves the right to discontinue any Domestic Out-of-Area Work Location arrangement at any time and for any reason, including but not limited to operational needs, performance concerns, scheduling conflicts, budgetary impacts, customer service needs, or other business concerns.  If the Employee wishes to modify or discontinue a Domestic Out-of-Area Work Location arrangement for any reason, the Employee is required to notify their supervisor and Human Resources as soon as possible. Failure to promptly report changes to a Domestic Out-of-Area Work Location arrangement may result in inaccurate tax reporting for RIT and the Employee. In some cases, employer-issued tax documents may need to be amended and may require the employee to amend tax returns; both parties might incur fines and penalties.

VII. Travel between Domestic Out-of-Area Work Locations and RIT or Other Work Sites

The costs of voluntary travel to and from RIT and the Domestic Out-of-Area Work Location is typically the responsibility of the individual employee. Employees who receive approval to move out-of-area for personal reasons are responsible for travel costs related to their Domestic Out-of-Area Work Location. However, if an employee was hired to perform the essential functions of their job in a Domestic Out-of-Area Work Location and they are required to travel to another location for a business purpose, including RIT’s main campus, those expenses are considered business travel expenses and the employee would be eligible for reimbursement consistent with the University’s Travel Policy and, if applicable, the policies of the particular division, college, department, program, and/or sponsored project.

VIII. Violations

Failure to follow this Policy can have significant legal, regulatory, and financial implications for the university and the Employee. Policy violations may result in ending the Domestic Out-of-Area Work Location arrangement, and disciplinary action, up to and including dismissal.

Responsible Office
Human Resources, Controller's Office
Effective Date
Effective August 26, 2024
Approved April 22, 2024
Policy History
April 22, 2024

Approved and supported Domestic Out-of-Area Work Locations as of April 22, 2024: 

• Alabama
• California
• Connecticut
• Delaware
• District of Columbia
• Florida
• Georgia
• Maine
• Maryland
• Massachusetts
• New Hampshire
• New Jersey
• North Carolina
• Pennsylvania
• Rhode Island
• South Carolina
• Texas
• Vermont
• Virginia

The following costs will apply to colleges and divisions to support employment, as approved by the division head and Human Resources, outside of an approved Domestic Out-of-Area Work Location:

• Initial fee for onboarding an employee outside of an approved Domestic Out-of-Area Work Location: $5,000.
• Ongoing maintenance fee to be assessed every four months on or around January 1, May 1, and September 1: $850.

These costs will be reviewed annually and may be adjusted.

Q: Who is the point of contact for this policy?

A: The point of contact for this policy is the Remote Employment Administrator:

• Caylin Gwise
• clgpsn@rit.edu
• 585-475-2918

Q: Why was this policy created?

A: Compliance with employment law is complex and varies depending on the work site location of the employee. Having even one employee in a state may subject the university to various requirements. This policy was created to balance hiring flexibility with regulatory compliance.

Q: Who is covered by this policy?

A: Regular faculty, adjunct faculty, and regular staff are covered by this policy. This policy does not apply to student employees or graduate research assistants.

Q: Does this policy apply to international employment?

A: No. This policy is specific to domestic employment outside of the Rochester, NY area.

Q: I submitted a work location form for a proposed new hire. The form came back to me for approval. Why do I have to approve the form?

A: The work location form is considered to be an attestation of work location. By approving the form, the hiring manager is confirming the work site location of the employee.

Q: What is the process for hiring in a restricted/unsupported state?

A: Hiring into a restricted/unsupported state (including existing employees moving into a restricted/unsupported state) will only be permitted in extenuating circumstances. The REA should be contacted prior to making any offer of employment in an unsupported state. Hiring departments should be prepared to demonstrate that the hire is in the best interest of the university and are required to submit this and other documentation via the “Restricted State Justification Form”.

Q: I plan to post a fully remote position – what do I need to know?

A: Hiring departments should determine if the position in question is eligible for fully remote employment. If so, the posting should note that remote employment is supported in the designated approved states. This will ensure that the hiring process does not proceed too far down the path with a candidate in an unsupported state. A hiring department can reach out to their HR talent acquisition partner to help craft a job posting with the appropriate language.

If a hiring department knows that, historically, a position is very difficult to fill, or that a position tends to have applicants from a specific geographic area, they should contact their HR talent acquisition partner prior to the posting the job to determine the best path forward.

Hiring in unsupported states will be approved only in rare and extenuating circumstances, after additional significant review and approvals are obtained. In any instance wherein hiring in an unsupported state is approved, the required administrative fees will be applied.

Policy Statement

Rochester Institute of Technology works with employees with disabilities or other documented medical conditions to arrange changes in the work environment or procedures that enable them to experience equal employment opportunities.

RIT does not provide the following services:

• Mobility assistance or training
• Personal care services
• Personal adaptive equipment such as hearing aids, eye glasses and wheelchairs

Request form

To request accommodations in the workplace due to a disability or other documented medical condition, employees should speak to their supervisor or the Compliance and Ethics Manager. Employees will be asked to submit a Medical/Disability Accommodation request and documentation of the disability or medical condition.

The Compliance and Ethics Manager will then discuss the request with the employee, the employee’s supervisor, and/or other department supervisors and HR representatives, as necessary.  The Compliance and Ethics Manager and supervisor may also propose alternative accommodations for the employee’s consideration. The employee, Compliance and Ethics Manager and supervisor will continue to interact as necessary in order to determine whether a reasonable accommodation exists that is acceptable to both the employee and RIT.

If the employee accepts one of the proposed, reasonable accommodations, the immediate supervisor will implement the accommodation.

If the employee, Compliance and Ethics Manager and supervisor are unable to reach an agreement on a reasonable accommodation after the interactive process, the Compliance and Ethics Manager shall provide written notice to the employee informing them RIT cannot implement their requested accommodation. The employee may appeal the determination by following the Appeal Process.

Documentation

Documentation verifying the disability or medical condition should be a recent letter on letterhead stationery from a qualified professional such as a physician, psychiatrist, neurologist, or psychologist who has made the diagnosis of impairment or condition and/or who you are currently seeing for treatment of said condition. The documentation should include the following information:

• Diagnosis of disability or medical condition
• Description of current level of functioning
• Suggestions for accommodation(s)
• Anticipated duration of the accommodation(s)

Confidentiality

All medical and other confidential information regarding a disability or other medical condition will be kept confidential in accordance with applicable laws.

Appeal Process

If the employee does not agree with the decision of the Compliance and Ethics Manager due to either:

a) Being denied services or

b) Disagreement on the recommended accommodations, and an agreement cannot be reached, the employee may initiate a formal appeal. The appropriate steps are:

• An appeal must be submitted in writing to the Associate Vice President and Chief Human Resources Officer (or their designee), RIT Human Resources, 8 Lomb Memorial Dr, Rochester, NY 14623. The appeal must set forth the specific action disputed and the specific accommodation sought by the employee. The Associate Vice President and Chief Human Resources Officer (or their designee), will notify the Compliance and Ethics Manager and obtain a copy of the employee’s file, including the documentation of the disability or other medical condition and the need for accommodation, if any, recommended by the evaluator and the Compliance and Ethics Manager. The Associate Vice President and Chief Human Resources Officer (or their designee), will convene a meeting with the employee and the Compliance and Ethics Manager within two (2) weeks of receiving a written appeal by the employee to discuss the appeal. The Associate Vice President and Chief Human Resources Officer (or their designee), will make a decision on the appeal after meeting with the employee and reviewing the file and documentation.
• If the employee or the Compliance and Ethics Manager is dissatisfied with the decision made by the Associate Vice President and Chief Human Resources Officer (or their designee), a written appeal may be submitted to the Vice President and Associate Provost for Diversity and Inclusion. The Vice President and Associate Provost for Diversity and Inclusion will make the final decision after reviewing the employee’s file and meeting with the employee, the Compliance and Ethics Manager and the Associate Vice President and Chief Human Resources Officer (or their designee).

Contacts

Lori Sykes
Compliance and Ethics Manager
Phone 475-7393
E-mail ljspsn@rit.edu

Policy History

Edited October 2020

Scope

All RIT employees.

Rationale and Policy Statement

RIT respects the needs of lactating employees who choose to express milk during work time when they return to work following the birth of a child. Accordingly, and in compliance with both Federal and New York State law, RIT provides support by allowing reasonable time away from work for employees who are lactating to express milk, and makes reasonable efforts to provide a private room or other location in proximity to the work area for such activity. This accommodation is available up to three years following the birth of the employee's child.

Pay Status and Reasonable Break Time

Effective June 19, 2024, 30 minutes of paid break time will be provided each time employees need to express milk.

Reasonable break time generally will be up to 30 minutes, including walking time. However, the required duration may vary, depending on individual needs and the proximity of the designated space to the employee's work location. Employees have the right to use existing paid break time or meal time if they need more than 30 minutes to express breast milk.

Employees may also choose to work before or after their normal shift (during normal work hours) to make up for any unpaid time used for a break under this policy, or to substitute paid vacation or sick/personal time (hourly employees).

Notice Requirements

An employee must provide advance notice to their supervisor of their intent to avail themselves of this policy; it is preferable that this notice be given prior to the employee's return to work from childbirth in order to ensure that any necessary arrangements can be made in support of the lactating employee. Requests must be made to your direct supervisor, in writing. Your written request should include your anticipated return to work date, as well as details regarding how many breaks you anticipate needing during the work day. If you have preferred times to express milk, please include this in your written notification as well. 

Nondiscrimination

RIT prohibits and will not tolerate discrimination or retaliation against any employee who avails themselves of this policy.

Lactation Room Locations

The room locations are as follows: HLC 2110, LBJ 3228, SAU A453, SUS 2138.

Additional Information

See New York State's Policy on Breast Milk Expression in the Workplace.

Responsible Office 

Human Resources Department
E-mail pjbpsn@rit.edu
Phone 475-2429
Office 5th Floor Eastman Hall

Effective Date

January 1, 2011.

Policy History

Updated June 13, 2024

RIT respects the religious beliefs and/or practices of all employees and will make reasonable accommodations where such beliefs or practices conflict with an employee’s job requirements in order to eliminate that conflict.

Requesting an Accommodation:

An employee whose religious beliefs or practices conflict with their job (e.g., work schedule, or with RIT’s policies, practices on dress and appearance, or other aspects of employment) and who would like an accommodation must submit a written request form for review and approval. The form can be found on the Human Resources web site. The accommodation request must include the type of conflict that exists and should include the employee’s suggested accommodation.

Employee Religious Accommodation Request Form

Process:

After an employee submits a written request for an accommodation, the Human Resource Business Partner (HRBP) for the employee’s area may consult with the employee’s supervisor to evaluate the request, including determining whether there is a conflict between the employee’s sincerely held beliefs or practices and their job requirements, and will document this determination. The HRBP and supervisor may reach out to the employee directly for additional information that may be required in order to thoroughly evaluate the employee’s request.

If a conflict between an employee’s beliefs or practices and job requirements exists, the HRBP and supervisor will consider the accommodation proposed by the employee to determine whether it is reasonable. This determination may require further dialogue with the employee. The HRBP and supervisor may also propose alternative accommodations for the employee’s consideration. The employee, HRBP and supervisor may continue to interact as necessary in order to determine whether a reasonable accommodation exists that eliminates the conflict and is acceptable to both the employee and RIT.

If the employee accepts one of the proposed, reasonable accommodations, the employee will receive written notification of the specific accommodation.

If the employee, HRBP and supervisor are unable to reach an agreement on a reasonable accommodation after the interactive process, the HRBP or supervisor shall provide written notice to the employee informing them RIT cannot implement their requested accommodation.

Policy History

Edited October 2021

RIT will provide reasonable accommodations to employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause Undue Hardship to RIT’s operations.

1. Definitions.
   1. “Pregnancy-Related Conditions” means (1) pregnancy, childbirth, or other related medical conditions; (2) medical conditions related to pregnancy, childbirth, or other related medical conditions; or (3) recovery from pregnancy, childbirth, or related medical conditions.
   2. “Reasonable Accommodation” means changes or work modifications to the application or hiring process, to the job, to the way the job is done, or to the work environment that allows an employee with Pregnancy-Related Conditions to safely perform the essential functions of that job and enjoy equal employment opportunities. An employee or applicant may be qualified even if they cannot perform one or more essential functions of the job if the inability to perform the essential function(s) is temporary, if the employee could perform the essential function(s) in the near future, and if the inability to perform the essential function(s) can be reasonably accommodated. Accommodations are “reasonable” if they do not create an Undue Hardship or a present a direct threat.
   3. “Undue Hardship” means an action requiring significant difficulty to or expense by RIT. Undue Hardship refers not only to financial difficulty, but also to accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the university.
2. Procedures.

   An employee or applicant may request an accommodation due to Pregnancy-Related Conditions.  Employees should submit the request through the Pregnancy Accommodation Request Form.  Applicants should submit the request to RIT’s Talent Acquisition department by emailing careers@rit.edu. The accommodation request should include an explanation of the Pregnancy-Related Conditions, any limitations resulting from the Pregnancy-Related Conditions, and the accommodation needed. Depending on the nature of the accommodation, the university may request that the employee submit a statement from a health care provider substantiating the need for the accommodation.

   Upon receipt of request for accommodation, a Human Resource Business Partner (HRBP) will contact the employee (or the Talent Acquisition Partner in the case of an applicant) to discuss the request and determine if an accommodation is reasonable and can be provided without Undue Hardship. The HRBP may consult with the employee’s supervisor/manager as needed.

   While the reasonableness of each accommodation request will be individually assessed, documentation is generally not required for the following accommodations: more frequent restroom, food, or water breaks; receiving appropriately sized uniforms and safety apparel, and help with lifting or other manual labor. Additional examples of possible Reasonable Accommodations may include:

   • Flexibility to allow for more convenient access to food and water;
   • Modifying equipment, devices, or workstations, such as providing a stool to sit on, or a way to more comfortably perform work while standing;
   • Adjustments to a work schedule, such as shorter hours, part-time work, or a later start time;
   • Hybrid or remote work arrangements;
   • Temporary reassignment;
   • Temporary cessation of one or more essential functions of a job;
   • Time to attend health care appointments;
   • Leave to recover from childbirth or other medical conditions related to pregnancy or childbirth.

   An employee may request, but is not required to take, a leave as an accommodation under this policy. Such requests will be reviewed on a case-by-case basis to determine whether the accommodation is reasonable and can be provided without Undue Hardship, or whether another reasonable accommodation can be provided that would allow the employee to remain at work.

   In the case of employees, approved accommodations will be shared with the employee’s supervisor/manager.

3. Confidentiality.

   All medical and other confidential information regarding a disability or other medical condition will be kept confidential in accordance with applicable laws.

4. Non-Retaliation.

   RIT prohibits and will not tolerate discrimination or retaliation against any employee who avails themselves of this policy or otherwise participates in an investigation of unlawful discrimination under this policy.

5. Additional Information/Resources.

   See What You Should Know About the Pregnant Workers Fairness Act, NYS Pregnancy Rights for Employees in the Workplace,  Lactating Employee Accommodation Policy

Policy Statement

Employees are eligible for up to three working days of paid bereavement leave in the case of a death in their immediate family or the immediate family of their spouse or domestic partner. At the discretion of the supervisor, additional time off may be granted. Pay is computed by using the employee's normal work schedule.

"Immediate family" is defined as an employee's spouse/domestic partner, parent, step-parent, mother-in-law, father-in-law, child, ward, custody child, foster child, brother, sister, step-brother, step-sister, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, great-grandparent, grandchild, or great-grandchild.

An employee may take time off with pay, contingent upon department level approval, to attend the funeral of other relatives or non-family members.

Employees on short-term disability, FMLA, workers’ compensation, or any type of leave of absence are not eligible for bereavement leave pay during the leave.  An employee cannot extend any type of leave by adding bereavement days after the leave ends.

Procedures

1. Employee
   Notifies supervisor regarding need for time off due to death in the family.
2. Supervisor
   Approves bereavement leave or determines if time off is granted.
3. Supervisor
   Indicates "Funeral Leave" on time record for non-exempt employees.

Policy History

Edited March 2013

Policy Statement

It is the employee's responsibility to ensure that the department is informed when illness or injury results in absence from work.

Procedures

Employees who will be absent are required to call (or have someone else call) their immediate supervisor or the department head within one hour of their scheduled reporting time. The reason for the absence and its expected duration should be described during this initial phone call. It is further expected that ill or injured employees will inform their supervisor or department head if there is a change in the anticipated length of absence. Employees who fail to contact or arrange contact with their department will be considered to be on unauthorized leave. Should an employee be absent for an unauthorized leave of three consecutive working days, it may be grounds for dismissal.

In cases of a three-day unauthorized leave, the immediate supervisor should contact the appropriate Human Resources Business Partner, who will ensure that a certified letter is sent notifying the employee that termination will occur unless mitigating circumstances are present and can be proved.

RIT reserves the right in all cases of absence due to illness to have the individual examined by an appointed or approved physician prior to, or at the time of return to, active employment.

Employees with chronic illness or those with a pattern of sick leave absence may be asked to provide a physician's statement for each instance of absence due to illness. The supervisor should contact their Human Resources Business Partner before establishing this requirement.

For information on absence reporting for faculty, refer to Institute Policy and Procedures Manual, Faculty Employment Policies (E4.0).

Policy History

Edited August 2022

Policy Statement

The university recognizes the civic responsibility of its employees to serve as jurors when so summoned and all employees are excused for this purpose. Employees receive full pay for days spent on jury duty that occur during their scheduled work hours.

Employees not scheduled for jury duty prior to 1 p.m., or excused from jury duty prior to noon on any given day are expected to work for the portion of the day not required for jury duty. Time spent on jury duty does not count toward weekly overtime for non-exempt employees.

When the work of department would be seriously and significantly affected if employee were required to perform jury service as requested, supervisors can ask employees to request jury duty service be rescheduled with the Commissioner of Jurors.

Procedures

Employees

• Notify supervisor as soon as possible of call for jury duty and the expected days of service
• Keep supervisors informed of any changes in jury duty status of days of service
• Non-exempt employees note any actual hours worked on time record and enter the Paycode "Jury Duty" for hours spent on jury duty

Supervisors

• Record in department attendance files for exempt employees

Policy History

Edited June 2021

Policy Statement

In accordance with New York State Election Law § 3-110, a registered voter may, without loss of pay for up to two hours, take off so much working time at the beginning or the end of their shift as will enable him or her to vote at any election. This applies to any general election, special election called by the Governor, primary election, or municipal election.  Time off to vote is not available for school or library elections.

Employees must provide at least two working days advance notice when submitting requests for leave to their supervisor. Whether the leave to vote occurs at the beginning or end of the work shift is at the supervisor's discretion and will be based on operating needs.

Procedures

Employee

• Notifies supervisor with at least two working days advance notice for time off to vote.

Supervisor

• Determines whether the leave to vote, up to two hours, will occur at the beginning or end of the employee’s work shift.
• Indicates "Approved with Pay" on time record for non-exempt employees.

Policy History

Updated November 11, 2020

Scope

This policy applies to all regular full-time and part-time employees who meet the RIT service eligibility requirements of the New York State Paid Family Leave (NYS PFL).

Policy Statement

RIT’s New Parent Leave provides a supplement to the New York State Paid Family Leave (NYS PFL) effective January 1, 2018. RIT’s New Parent Leave cannot be taken separately, unless the employee is not eligible for NYS PFL because they do not meet the requirement of working in New York State.

After meeting the RIT service eligibility requirements for NYS PFL, RIT’s New Parent Leave is available to regular full time and part time employees who become parents following the birth or adoption of a baby. The leave is available within 12 months of the baby’s birth. If the baby was born or adopted prior to the parent’s employment at RIT, the leave is still available within 12 months of the baby’s birth after meeting the RIT service eligibility requirements of NYS PFL.

When eligible, RIT New Parent Leave provides paid leave to supplement NYS PFL so the employee receives full pay for the period of time the employee is eligible for New Parent Leave. RIT New Parent Leave will be automatically used in a block of time or intermittently, based on how the employee has elected to take NYS PFL. Since NYS PFL must be used in full-day increments, one day of the RIT New Parent Leave supplement will be used for each day of NYS PFL.

The primary caregiver is eligible for four weeks of paid leave supplement and the secondary caregiver is eligible for two weeks of the paid leave supplement. An employee cannot be both primary and secondary caregiver. The New Parent Leave supplement is based on the employee’s standard weekly hours.

Primary caregiver is defined as the parent who spends the most time with the child and provides most of the everyday aspects of care. The secondary caregiver is defined as the parent who shares childrearing responsibilities with the primary caregiver. In cases where both parents are RIT employees, each is entitled to their own time off; one of the employees is the primary caregiver and the other is the secondary caregiver.

There may be instances where the employee is eligible for NYS PFL and not for the New Parent Leave. For example, if the employee is adopting a child or beginning foster care for a child over a year old, they can take NYS PFL within 12 months of the placement for adoption or foster care, but these do not qualify for RIT New Parent Leave. In other instances, the employee may be eligible for the New Parent Leave but not NYS PFL. For example, an RIT employee who resides outside New York State and does not work in New York State is not eligible for NYS PFL.

If the employee is eligible for RIT New Parent Leave but is not eligible for NYS PFL, the RIT New Parent Leave may be taken either as a block of time or intermittently. Leave time may be taken in no less than full-day increments. The employee needs to notify both their manager and Prudential to report the dates of New Parent Leave prior to the start of the leave. The leave may be taken immediately following the disability period or birth in a block of time. For leaves taken intermittently or in blocks of time other than immediately following the disability period or birth, the employee is expected to work with their manager to determine when and how the leave will be taken. For instructional faculty, adjustments to the employee’s plan of work would need to be made as a result of the leave.

The RIT New Parent Leave will count toward the employee’s total Family and Medical Leave Act (FMLA) annual leave allowance. Absence from work due to RIT New Parent Leave will not impact an employee’s annual performance assessment or potential merit increase.

Procedures

Employees taking New Parent Leave are required to contact Prudential at 877-908-4778 to report the leave. RIT’s Control Number is 50757, which is needed when contacting Prudential. Prudential will generate a leave notice identifying the employee’s leave dates which will be used by Human Resources to continue pay during the New Parent Leave period. For hourly employees, Payroll will enter the pay code “New Parent Leave” into Kronos for the time designated as New Parent Leave.

Responsible Office

Human Resources Department
Benefits Specialist
E-mail pjbpsn@rit.edu
Phone 585-475-2429
Office 5th Floor Eastman Hall

Policy History

Created September 22, 2015

Updated January 1, 2018

Policy Statement

The Rochester Institute of Technology (RIT) will provide official employment and wage verification through The Work Number, an external automated verification system.  Typically verifications are requested by verifying companies for mortgage applications, loan applications, apartment leases or other reference checks.  There is no cost to the employee for this service.

Procedures

Verification of employment can be obtained with or without wage information from The Work Number at http://www.theworknumber.com/Employees/ or 1-800-367-2884.  The Rochester Institute of Technology's employer code is 15083.

For FAQ and additional information please refer to Payroll.

Legal Inquiries

All subpoenas or any other legal process requesting employee information must be referred to the Office of Legal Affairs. RIT complies with its duty to release information requested by government agencies having the authority to make such requests.

Policy History

Revised May 2015

The university's position is to provide minimal information regarding the employment background of former employees. Information regarding former employees is released in the following way:

The Human Resources Office should be considered the official source of past employment information. Members of the Human Resources Office will release the following information: dates of employment and the position the former employee held. Individuals outside the department of Human Resources should forward all reference check requests to Human Resources.

RIT does not provide official letters of reference. Individuals who are providing letters of reference for current or former RIT faculty or staff should not submit one on official university letterhead.

Policy History

Revised September 2010

Policy Statement

RIT is committed to resolving complaints in a manner fair to the applicant/employee and to the university.  If, after investigation, it is determined that discriminatory actions have occurred, the wrong will be remedied.  If discrimination has not occurred, the university’s position will be defended.

Procedures

1. Upon first notice of an informal or formal claim or lawsuit, the supervisor must immediately notify the Office of Legal Affairs and the appropriate Dean, Director or Vice President.

Examples: Contact from an attorney; receipt of Summons & Complaint; or receipt of an employee-based complaint filed with an external agency such as OSHA, EEOC, OFCCP, EPA, NYS Division of Human Rights.

2. In the case of service of a lawsuit (Summons & Complaint) or other legal document, only the Office of Legal Affairs is authorized to accept service on behalf of RIT. Please send all process servers to the Office of Legal Affairs (USC 3210).
3. All documents related to the charge are privileged information.  Copies are made and distributed only as essential to resolve the case.
4. You will be informed of the planned course of action by the Office of Legal Affairs (or Director of Human Resources in an employment-based claim).  An investigation of charges may begin pursuant to a written request from an external compliance agency.  The investigation will be carried out by the appropriate university representative and a written report will be made within ten days by those charged with investigatory responsibility.
5. The university will coordinate and be responsible for any investigative or defense costs associated with the claim/lawsuit. If the investigative process finds willful negligence/misconduct, violation of university policies, conduct beyond the scope of an employee's authority and/or illegal activity on the part of an employee:

1. further investigative and defense costs will become that employee's personal responsibility; and
2. the employee may be required to reimburse the university for legal fees already incurred

Coordination of litigation activity and choice of counsel to be paid for by the university rests with the university's Office of Legal Affairs.

Policy History

Revised May 2014

The Institute feels strongly that work time should be used exclusively for matters related directly to employees' defined responsibilities. Therefore, in the best interests of RIT and its employees, no solicitation of any kind is permitted by any employee during working hours. Solicitation is permitted during meal and break periods or before and after punching checking in or out for work.

Distribution of literature is prohibited during working time and in working areas, but is permitted in non-working areas during break and meal periods or before and after punching in or out for work.

Non-employees of the Institute are not permitted to solicit or distribute materials or literature for any purpose on Institute premises at any time.

Vendors are encouraged to register with the Purchasing Department prior to contacting other campus offices or departments.

Policy Statement

The university recognizes the civic responsibility of its employees to respond when served with a subpoena.

Procedures

Employees should notify their supervisor of their obligation to respond to a legal subpoena by providing a copy of the document for review. If the employee responding to the subpoena is classified as non-exempt staff, the supervisor should record the time required to respond to the subpoena as excused with pay on the time record or in Kronos. Time recorded as excused with pay does not count toward overtime.

Regardless of employee classification, if the court appearance is not a full day, employees are expected to work before or after the conclusion of such an appearance.

Policy History

Edited September 2010