(Approved by USM BOR on April 21, 2017; UMGC President on July 1, 2017)
Purpose and Applicability
This policy provides authority to the University of Maryland Global Campus (UMGC) President to establish guidelines for Nonexempt Staff employees on Regular and Contingent Status to meet the minimum qualifications of Job Class Specifications. Nonexempt Staff employees who are included in the representation of the collective bargaining unit are subject to the Memorandum of Understanding (MOU) and applicable UMGC HR Policies; where there is a conflict between the two, the MOU will prevail.
Impact on Nonexempt Staff Employees
The minimum qualifications of a Job Class Specification shall be developed and/or amended by the CHRO or designee to comply with Local, State or Federal Regulations or for other bona fide occupational requisites. Nonexempt Staff employees may be impacted as follows:
When the minimum qualifications of Nonexempt Job Class Specifications are changed to meet legal requirements (e.g., State mandated licensure or certification), continued employment in the Job Class shall be dependent upon meeting the new standards unless the law or regulation provides for grandfathering of current employees.
UMGC shall pay for all necessary and reasonable costs to comply with the legal requirements and shall allow employees reasonable time off with pay to meet the mandated legal requirements.
Employees unable to meet, after reasonable effort, the new legally-mandated standards for the Job Class shall be laid off and their names placed on the applicable Reinstatement List as provided in the applicable UMGC HR Policies.
Other Bona Fide Requisites
When minimum qualifications of Job Classes are changed for other bona fide occupational requisites, not involving legal mandates, current Staff employees who do not meet the new requirements shall be encouraged to acquire the new qualifications.
Although encouraged, employees shall not be required to obtain the new qualifications in order to remain their current positions.
Exception to the new minimum qualifications shall only apply to that specific Job Class at UMGC where the employee is employed and shall not apply to other positions in the Job Series or other Job Classes for which the employee does not meet the minimum qualifications.
The UMGC President has designated the Chief Human Resources Officer (CHRO) to administer this policy; to develop procedures as necessary to implement this policy; to communicate this policy to the UMGC community; and to post the policy and any applicable procedures on the UMGC website.
USM BOR VII-9.80: Policy on Impact of Changes in the Minimum Qualifications of Nonexempt Job Class Specifications