Procedures for Adjustment of Salaries of Academic Appointees to
Reflect Nonperformance of Regular Assigned Duties
Due to Unauthorized Absence

Purpose

The purpose of these procedural instructions is to provide for orderly and equitable salary adjustments to reflect nonperformance of regularly assigned duties due to unauthorized absence by academic appointees of the University of California when this action is deemed appropriate by the responsible campus officers.

The determination to be made in these instances is whether assigned duties were performed and, if not, the duration of the period of unauthorized absence. Loss of income shall be measured by the number of working days between, and including, the first and last day of the individual's failure to perform his academic duties including, but not limited to, scheduled teaching days.

There is ample precedent for withholding salary payments when assigned duties are not discharged; however, such withholding of salary payments is not a sanction within the terms of the attached Regents' policy statement of December 7, 1966. The use of sanctions is a separate matter from this procedure.

Coverage

This procedure applies to all academic appointees. Procedures for nonacademic appointees are given in Rules 6 and 25 of the Nonacademic Personnel Manual. .

Types or Payrolls Involved

Academic appointees may be paid on the basis of any one of the following types of payrolls of the University.

A.
The "exception" type of payroll, which automatically calculates earnings, usually monthly, on the basis of a pre- established rate of pay and percent of time worked for each employee. This process is changed only in response to positive introduction of a transaction document, usually a personnel form, that revised one of the significant factors, such as change In pay rate or percent of time worked, leaves of absence without pay, termination of employment, retirement or death of employee, etc.

B.
The positive time reporting payroll, which requires submission of a report of the time worked (hours or percent of time) by each employee during the pay period, on the basis of which earnings are calculated. The amount paid, therefore, is directly dependent upon the amount of time reported. Time worked is usually reported by means of a Time Listing Sheet including employee names, pay rate, and other identifying information, which is prelisted by the Data Processing Centers and distributed to departments or other employing units before the end of each pay period. Departments or other employing units enter the time for each employee on the sheet and return it, through the campus Accounting Office, to the Data Processing Center for payroll calculation.

C.
The contract or "by-agreement" payroll, on which the amounts to be paid to the employee for each pay period are pre- established. There is no calculation of pay rate times time worked, as is done for the other two payrolls. Although this payroll is similar to the exception-type payroll, in that submission of positive documentation is necessary to effect changes, there is usually an ending date indicated beyond which payments will not be made without establishment of a new ending date by submission of appropriate documents.

Procedures for Salary Adjustments

The following are outlines of the procedure to be followed in effecting a salary adjustment for an academic appointee who has not performed his regularly assigned duties due to an unauthorized absence, when this action is determined to be appropriate by the responsible administrative officer:

A.
For academic appointees paid on the exception-type and contract or by-agreement payrolls:
Responsibility Action
Department or Other Employing Unit

1.
Prepare a personnel action form indicating a leave of absence without salary. In the comments section of the form enter: "Failure to perform regularly assigned duties due to an unauthorized absence."

2.
Explain the reason for the action to the appointee, and secure his or her signature on the form.

3.
Forward the form through the appropriate approval channel and finally to the campus accounting office.
Accounting Office

4.
Calculate the amount of salary to be deducted on the basis of the number of days represented by the dates given on the form.

5.
Prepare the necessary transaction to deduct the amount of time (or dollar amount) from the employee's following payroll check. The amount to be deducted should be in accordance with Academic Personnel Manual Policy 600.
B.
For academic appointees paid on the positive time reporting payroll:
Responsibility Action
Department or Other Employing Unit
1.
Prepare a memorandum to the appointee, in quadruplicate, indicating the dates for which salary is to be deducted and the reason for the deduction.

2.
Give the original of the memorandum to the appointee, and explain to him the reason for the action. The second and third copies should be directed to the Chancellor and the Dean or Provost of the appointee' s school or college, respectively.

3.
Annotate the departmental time record for the appointee to indicate the dates and amount of time (percentage or hours) to be deducted ted .

4.
File the fourth copy of the memorandum (from Step 2, above) with the time recorded.

5.
Enter the reduced amount of time (percentage or hours) for which payment is to be made on the Time Listing Sheet for the period concerned. (If payment already has been made for the period, notify the Accounting Office by submitting a Special Payroll. The Special Payroll should indicate the percent of time or hours to be deducted and after the notation the statement: "Excessive time previously reported in error")

6.
Transmit the Time Listing Sheet or Special Payroll through the appropriate approval channel and finally to the campus Accounting Office.