Resignation and Separation Policy

Purpose

This policy outlines resignation and separation procedures for when an employee leaves SUNY Cortland. This policy also serves to safeguard the interests of the university and the employee upon separation from employment.

Applicability

This policy applies to all resigning full-time and part-time employees.

Notice requirements

All employees whose intent is to resign, including the intent to resign for retirement purposes, must provide written* notice as follows:

Classified staff (CSEA, PEF, PBA, NYSCOPBA) – provide at least a two-week notice addressed to the director of employee relations, Human Resources Office, Miller Building, Room 302, with a copy to the immediate supervisor.

If an employee resigns without giving a two-week written notice prior to the last day of work, it is within the discretion of the university president or designee to withhold payment for accrued and unused vacation leave in accordance with Section 23.1 of the NYS Department of Civil Service Attendance and Leave Manual.

A classified staff member must file an official retirement application to the retirement system at least 15 days prior to the retirement date and no more than 90 days. The recommended notice date to the retirement system is 30 days.

Unclassified faculty and staff (UUP, M/C) excluding adjunct/contingent faculty - provide a minimum of 30 days’ written notice for resignations (including resignations for the purpose of retirement) addressed to the president, Miller Building, Room 408, with a copy to the immediate supervisor.

If an employee resigns without giving the full 30 days’ notice, it is within the discretion of the university president or designee to withhold from such employee’s final check an amount equal to the employee’s daily rate of pay for each day less than the required 30 days.

A member of the unclassified faculty and staff who belongs to the Employees’ Retirement System must file an official retirement application at least 15 days prior to date of retirement and no more than 90 days. Members of the Teachers’ Retirement System can file a retirement application up until the effective date of retirement, but no sooner than 90 days prior. For members of the Optional Retirement System (ORP), distributions from ORP contracts are subject to an IRS 10% penalty for distributions prior to age 59-1/2, unless the employee separates from service after reaching the age of 55.

Adjunct and contingent faculty - provide at least a two-week written notice sufficient to support appropriate transition of course delivery. Notice should be provided to the department chair and to the Human Resources Office at [email protected].

All resignations from employment are irrevocable. Please be sure to carefully consider all relevant facts and dates surrounding resignation prior to submitting notice.

*Hard copy written notice is preferred, but an email is also acceptable. Under certain situations a verbal resignation will be accepted and confirmed.

Work obligation and use of accruals during notice period

The university expects that a resigning employee will continue to work through their notice period to ensure a smooth transition out of their office/department and the university. In preparing for resignation, the employee should discuss any planned use of accruals prior to formally submitting the notice of resignation.

An employee may request to use accumulated accruals during their notice period; however, accruals should not be used to cover the full notice period, or major fraction thereof; and the use of accruals are subject to prior approval by management.

Lump-sum payment of accruals
Upon separation from service, full-time employees may be reimbursed for up to a maximum of 30 days (or equivalent number of hours for classified staff) of unused accrued vacation credits. Part-time employees have a pro-rated maximum amount that may be reimbursed. Unused sick leave, holidays, and personal leave balances are forfeited upon separation but are re-instated if the employee returns to New York State employment within one year.

Liquidation of accruals during notice period
The university will not routinely approve the use of accrued leave credits during an employee’s notice period nor will the university routinely extend an employee’s last day in pay status beyond the number of days/hours of leave accruals that would be forfeited if not used. Exceptions may be made under certain circumstances subject to the review and approval of the Human Resources Office.

Example: If an employee who is resigning has 35 days of vacation accruals, the university will not routinely deny the request for use of the five days needed to get the balance down to 30, which will then be paid out upon separation. This is subject to operational need.

Employee responsibilities

When an employee leaves the university, there will be much to address in concluding the employment relationship. This includes the employee’s obligation to return all university and/or grant-sponsored supplies/property assigned to them.

The Employee Separation Checklist will guide employees through the SUNY Cortland separation process. Upon completion, this form should be signed and forwarded accordingly. Items on the checklist may not apply to all employees.

Vacating Offices: To ensure a smooth transition for the department and incoming faculty or staff, employees must vacate their offices no later than the last date of employment. In the case of retiring academic faculty who retire at the end of the academic year, offices must be vacated no later than July 31 of the year in which the faculty member is retiring.

NOTE: Personal property left in an office after the deadline by which an office must be vacated will be considered abandoned and will be turned over to the University Policy Department for disposition in accordance with NYS Personal Property Laws. (See policy on Lost, Abandoned, Surplus Property Policy).

Ethics

Employees who separate from New York State service are bound by provisions of the Public Officers Law §73. The following guidelines published by the New York State Commission on Ethics and Lobbying in Government (COELIG) explains important information for separating employees:

Supervisor/Chair responsibilities

When an employee leaves employment with SUNY Cortland, it is the responsibility of the supervisor to help guide employees leaving their office/department to ensure a smooth end-of-employment transition.

The Supervisor/Chair Separation Checklist should be completed and will provide guidance to the supervisor for managing the employee’s separation from employment with the university. Items on the checklist may not apply to all employees.

Adherence to procedures

This policy serves as a comprehensive guide for employees separating from SUNY Cortland. An individual whose employment with the university ends, but who does not follow the employment separation process and/or return university or grant sponsored property in accordance with this policy, may be subject to the following actions:

The university may discontinue retiree or emeritus privileges, until any discrepancies have been resolved.
The university may cancel an employee’s direct deposit and issue a check for the purpose of communicating with the employee the obligation to return any outstanding university/grant sponsored property when the employee picks up their last paycheck.
The university reserves the right and will commence the collection process in the event an employee who has left employment neglects to return assigned university/grant sponsored assets to their respective office/department.