The purpose of this Policy is to set forth policies and procedures concerning consensual romantic, amorous, or sexual relationships between ĚÇĐÄvlog Employees and Students. This Policy also sets forth the policies and procedures concerning consensual romantic, amorous, or sexual relationships between ĚÇĐÄvlog Employees.

All Employees should be aware that consensual romantic, amorous, or sexual relationships with Students must be avoided. Students’ academic success should not be the result of, or affected by, influences attributable to a consensual romantic, amorous, or sexual relationship with a ĚÇĐÄvlog Employee. Such relationships can generate conflicts of interest, compromise academic and professional reputations, and promote an atmosphere unconducive to learning and professional development, and risk real or perceived coercion or exploitation of Students. The purpose of this Policy is to preserve professionalism and minimize discomfort, nepotism, and/or distraction in the workplace.

II. Applicability

This Policy applies to all ĚÇĐÄvlog Employees, Graduate/Teaching Assistants, and similar positions. This Policy is to be applied within the context of the New Jersey Uniform Ethics Code Section on Nepotism. This Policy does not apply to non-consensual romantic, amorous or sexual relationships, which shall be governed by the University’s Sexual Harassment/Sexual Assault Policies and Procedures, the New Jersey State Policy Prohibiting Discrimination in the Workplace, and/or applicable federal, state, and local laws.

Violations of this Policy may result in corrective action, up to and including, dismissal, per applicable law and any applicable collective bargaining agreement(s).

III. Definitions

“Authority” or “Influence” refers to the ability to impact decisions related to a Student’s academic, athletic, employment, extracurricular, financial, or residential experience at the University. Such experience includes but is not limited to, grades, course registration, financial aid, funding, research opportunities, professional development, hiring, evaluation or discipline, transfers, formal mentoring or advising, employment of a student as a research or teaching assistant, honors or degrees, disciplinary action, playing time, acceptance or removal from a team or program, course or internship participation or supervision, access to Students’ records, or physical access to Students’ residence, recreation spaces, activities, and/or other location or premises.

“Employee” refers to ĚÇĐÄvlog faculty, academic professionals, staff, executives, administrators, community directors, coaches, academic advisors, volunteers, and all similar positions.

“Graduate/Teaching Assistant” refers to a graduate or undergraduate Student holding a position of authority that involves the exercise of, or can reasonably be expected to involve the exercise of, influence, academic authority, or disciplinary authority over another Student. This includes but is not limited to positions as a research supervisor, grader, community director, graduate coordinator, or graduate student worker.

“Student” refers to any individual who is currently registered and enrolled in at least one credit-bearing course at the University. For the purposes of this Policy, when an individual is enrolled as a student in a University academic program (whether part-time or full-time, undergraduate, graduate, or a certificate program), the individual’s status as a University Student is primary. For the purposes of this Policy, an individual’s status as a University Employee, committee member, volunteer, assistant, or other position shall always be secondary to that individual’s status as a University Student.

IV. Policy

A. Relationships

i. Employee-Student Relationships

Employees of the University are prohibited from engaging in consensual romantic, amorous, or sexual relationships with any Student who the Employee knows or should have known is a Student.

ii. Graduate/Teaching Assistant- Student Relationships

Graduate/Teaching Assistants are prohibited from engaging in consensual romantic, amorous, or sexual relationships with Students enrolled in a course at the same College or School within which the Graduate/Teaching Assistant is employed.

iii. Supervisor-Subordinate Relationships

Employees who hold a supervisory, managerial, or executive-level position are prohibited from engaging in a consensual romantic, amorous, or sexual relationship with a direct report or anyone in their reporting line. This prohibition includes but is not limited to Employees who can reasonably be expected to exercise employment authority or influence over the Employee with whom they are in a relationship. Such authority or influence includes but is not limited to decision-making power with regard to hiring, evaluation, discipline, promotion, transfer, demotion, reassignment, appointment, salary adjustment, supplemental pay, additional assignments, etc.

iv. All other Employee-Employee Relationships

A consensual romantic, amorous, or sexual relationship between two Employees of equal standing or Employees who have no direct supervisory or reporting relationship over one another is permitted but must be reported to the Division of Human Resources within sixty (60) calendar days of the relationship’s formation so appropriate records may be kept to ensure compliance with this Policy.

B. Applicability of Policy after Student Graduation

Following a Student’s graduation from ĚÇĐÄvlog, Employees and Graduate/Teaching Assistants are prohibited from engaging in a consensual romantic, amorous, or sexual relationship with a Student over whom they held a position of authority or influence during the Student’s final academic semester at the University for a period of three (3) months following the Student’s graduation.

C. Exemptions

The prohibitions in this Policy do not apply to consensual romantic, amorous, or sexual relationships between Employees or Graduate/Teaching Assistants and Students that predate: a) the adoption of this Policy; b) the Employee’s or Graduate/Teaching Assistant’s employment or appointment by ĚÇĐÄvlog; or c) the Student’s registration with ĚÇĐÄvlog. However, in such cases, the Employee must comply with all relevant provisions of the New Jersey Uniform Ethics Code and the Employee must still disclose the relationship as required by this section.

Any Employee who is a spouse or domestic partner of a Student or other Employee or who is involved in a consensual romantic, amorous, or sexual relationship exempt from (or otherwise not covered by) the prohibitions of this Policy is prohibited from evaluating the academic or job performance of that Student or employee, employing hiring or supervising that Student or Employee, or otherwise exercising access, authority, supervision or influence over that Student or Employee. The Employee must comply with all relevant provisions of the New Jersey Uniform Ethics Code.

Any Employee or Graduate/Teaching Assistant involved in a relationship exempt from the prohibitions of this Policy shall disclose the existence of the relationship to their Department Chair or Unit Supervisor using the University’s form of disclosure created by this Policy. The Vice President and Chief Human Resources Officer or designee, in consultation with the head of the department/unit, or designee, shall immediately take appropriate action to implement a mitigation plan so that the Employee is not in a position of authority or influence over the Student or other Employee.

D. Confidentiality

The disclosures required by this Policy will be revealed only to those ĚÇĐÄvlog Employees with a legitimate need for the information in order to implement and manage the mitigation plan and enforce this Policy. ĚÇĐÄvlog requires all individuals involved in the procedures set forth herein to respect the integrity of the process and the legitimate privacy interests of the parties to the extent possible. All documents created pursuant to this Policy, including the mitigation plan, will be considered confidential personnel records and maintained accordingly.

V. Procedure

A consensual romantic, amorous, or sexual relationship between two Employees of equal standing or Employees who have no direct supervisory or reporting relationship over one another is permitted but must be reported to the Division of Human Resources within sixty (60) calendar days of the relationship’s formation.

A consensual, romantic, amorous, or sexual relationship that is subject to the exemptions laid out in Section IV(c) shall disclose the existence of the relationship to their Department Chair or Unit Supervisor using the University’s form of disclosure created by this Policy. The Vice President and Chief Human Resources Officer or designee, in consultation with the head of the department/unit, or designee, shall immediately take appropriate action to implement a mitigation plan so that the Employee is not in a position of authority or influence over the Student or other Employee.

This form of disclosure is available on the Human Resources website.

The form must be completed by all Employees or Graduate/Teaching Assistants involved in relationships exempt from the prohibitions of the ĚÇĐÄvlog Consensual Romantic, Amorous, or Sexual Relationship Policy. Such relationships include those that predate: a) the adoption of the ĚÇĐÄvlog Consensual Romantic, Amorous, or Sexual Relationship Policy; b) the individuals’ employment or volunteer appointment by ĚÇĐÄvlog; or c) the student’s registration with ĚÇĐÄvlog.

Required information includes the names and roles of those involved in the relationship, the individual(s) who will assist in implementing a Mitigation Plan, and a summary of the Mitigation Plan. Signatures as indicated are required. The completed disclosure must be forwarded to the head of the department or unit for approval, who will forward it to the Vice President and Chief Human Resources Officer for final approval.

VI. References

• Sexual Harassment/Sexual Assault Policies and Procedures
• NJ State Policy Prohibiting Discrimination in the Workplace
• Consensual Romantic, Amorous, or Sexual Relationship Policy FAQs

NJSA 18A: 64-6

Statement

All full-time, permanent employees of ĚÇĐÄvlog including Managers and employees subject to the following collectively negotiated agreements AFT Local 1904, CWA, IFPTE, NJLESA, NJSOLEA and PBA who want to further their professional development and/or enhance their effectiveness on the job through participation in credit-bearing courses, certificate programs and other approved programs of study at an accredited College/University are eligible to apply for tuition reimbursement.

This program is for tuition reimbursement only; other fees and expenses are the responsibility of the employee. To qualify for tuition reimbursement, the applicant must meet the admissions standards of the approved program of study, where appropriate. Academic regulations and guidelines applicable to tuition-paying students will also apply to those for whom tuition is reimbursed. 

Application for the Program

Application for participation in the Tuition Reimbursement Program shall be made in Workday and is subject to the recommendation of the employee’s division vice president and final approval as delegated by the President to the Vice President for Human Resources.

All applications must be submitted by the relevant deadlines posted on the Tuition Waivers Website. Applications submitted after the applicable deadline will be denied.

Conditions

The Tuition Reimbursement Program provides reimbursement up to a certain dollar amount per credit, the total amount of the tuition is not reimbursed. All other fees and expenses are the responsibility of the employee.

Employees at the dissertation stage of their doctoral studies are eligible for a maximum of two semesters of reimbursement for a dissertation research course.

Any course for which tuition reimbursement is granted must be scheduled on the employee’s own time. However, an employee may request an adjusted work schedule. Any such schedule adjustments must be consistent with the requirements of the employee’s job and must be approved by the employee’s division vice president and the Vice President for Human Resources.

Employees applying for tuition reimbursement must submit a completed Free Application for Federal Student Aid (FAFSA).

Employees must maintain good academic standing in accordance with University policy and maintain a cumulative GPA of 2.00 or higher for study at the undergraduate level or a cumulative GPA of 3.0 or higher for study at the graduate level to be eligible for the benefit. If the employee’s cumulative GPA falls below the minimum threshold level for the degree they are pursuing, they will be ineligible for reimbursement in subsequent terms until they elevate their cumulative GPA to the minimum threshold level or better. Academic regulations and guidelines applied to tuition-paying students will apply to those whose tuition is waived.

This program is subject to the availability of funds for this purpose and to ĚÇĐÄvlog’s evaluation of its level of participation, financial impact, and effectiveness.

Employees must remain employed by the University to be eligible for the Policy. If an employee resigns or their employment is terminated, the tuition reimbursement will cease immediately.

Criteria

In granting approval for participation in the Tuition Reimbursement Program, the University will take into account the relevance of the course, certificate program and other approved programs of study to the employee’s current job; the quality of the applicant’s performance in his/her jobs; the priority needs of the applicant’s current job and work unit; the quality of the applicant’s performance in prior courses for which tuition was reimbursed; the availability of seats in the requested course(s) and other relevant considerations.

Responsibility for Implementation

Vice President for Human Resources

NJSA 18A: 64-6

Statement

All full-time managerial employees of ĚÇĐÄvlog who want to further their job-related professional development and/or enhance their effectiveness on the job through participation in courses, certificate programs or other approved programs of study at the University are eligible to apply for tuition waiver.

This program is for tuition waiver only; other fees and expenses are the responsibility of the employee. To qualify for tuition waiver, the applicant must meet the admissions standards of the approved program of study, where appropriate. Academic regulations and guidelines applicable to tuition-paying students will also apply to those for whom tuition is waived.

Application for the Program

Application for participation in the Tuition Waiver Program shall be made in Workday and is subject to approval of the employee’s division vice president and final approval delegated by the President to the Vice President for Human Resources.

All applications must be submitted by the relevant deadlines posted on the Tuition Waivers Website. Applications submitted after the applicable deadline will be denied.

Conditions

This program is for tuition waiver only; other fees and expenses are the responsibility of the employee.
Employees at the dissertation stage of their doctoral studies are eligible for a maximum of two semesters of waiver for a dissertation research course.

Any course for which tuition waiver is granted must be scheduled on the employee’s own time. However, an employee may request an adjusted work schedule. Any such schedule adjustments must be consistent with the requirements of the employee’s job and must be approved by the employee’s division vice president and the Vice President for Human Resources.

Employees applying for tuition waiver must submit a completed Free Application for Federal Student Aid (FAFSA).

Employees must maintain good academic standing in accordance with University policy and maintain a cumulative GPA of 2.00 or higher for study at the undergraduate level or a cumulative GPA of 3.0 or higher for study at the graduate level to be eligible for the benefit. If the employee’s cumulative GPA falls below the minimum threshold level for the degree they are pursuing, they will be ineligible for the waiver in subsequent terms until they elevate their cumulative GPA to the minimum threshold level or better. Academic regulations and guidelines applied to tuition-paying students will apply to those whose tuition is waived.

This program is subject to availability of funds for this purpose and to evaluation by ĚÇĐÄvlog of the level of participation, financial impact, and effectiveness of the program.

Employees must remain employed by the University to be eligible for the Policy. If an employee resigns or their employment is terminated, the tuition waiver will cease at the end of the academic semester in which the employee’s employment ends.

Criteria

In granting approval for participation in the Tuition Waiver Program, the University will take into account the relevance of the course, certificate program or other approved program of studyto the employee’s current job; the quality of the applicant’s performance in his/her job; the priority needs of the applicant’s current job and work unit; the quality of the applicant’s performance in prior courses for which tuition was waived; the availability of seats in the requested course(s) and other relevant considerations.

Responsibility for Implementation

Vice President for Human Resources

NJSA 18A: 64-6

Statement

All full-time, permanent employees of ĚÇĐÄvlog subject to collectively negotiated agreements with AFT Local 1904, CWA, IFPTE, NJLESA, NJSOLEA AND PBA who want to further their professional development and/or enhance their effectiveness on the job through participation in credit-bearing courses, certificate programs or other approved programs of study at the University are eligible to apply for tuition waiver.

This program is for tuition waiver only; other fees and expenses are the responsibility of the employee. To qualify for tuition waiver, the applicant must meet the admissions standards of the approved program of study, where appropriate. Academic regulations and guidelines applicable to tuition-paying students will also apply to those for whom tuition is waived.

Application for the Program

Application for participation in the Tuition Waiver Program shall be made in Workday and is subject to the recommendation of the employee’s division vice president and final approval as delegated by the President to the Vice President for Human Resources.

All applications must be submitted by the relevant deadlines posted on the Tuition Waivers Website. Applications submitted after the applicable deadline will be denied.

Conditions

The Tuition Waiver Program provides tuition only. All other fees and expenses are the responsibility of the employee.
Employees at the dissertation stage of their doctoral studies are eligible for a maximum of two semesters of waiver for a dissertation research course.

Any course for which tuition waiver is granted must be scheduled on the employee’s own time. However, an employee may request an adjusted work schedule. Any such schedule adjustments must be consistent with the requirements of the employee’s job and must be approved by the employee’s division vice president and the Vice President for Human Resources.

Employees applying for tuition waiver must submit a completed Free Application for Federal Student Aid (FAFSA).

Employees must maintain good academic standing in accordance with University policy and maintain a cumulative GPA of 2.00 or higher for study at the undergraduate level or a cumulative GPA of 3.0 or higher for study at the graduate level to be eligible for the benefit. If the employee’s cumulative GPA falls below the minimum threshold level for the degree they are pursuing, they will be ineligible for the waiver in subsequent terms until they elevate their cumulative GPA to the minimum threshold level or better. Academic regulations and guidelines applied to tuition-paying students will apply to those whose tuition is waived.

This program is subject to availability of funds for this purpose and to evaluation by ĚÇĐÄvlog of the level of participation, financial impact, and effectiveness of the program.

Employees must remain employed by the University to be eligible for the Policy. If an employee resigns or their employment is terminated, the tuition waiver will cease at the end of the academic semester in which the employee’s employment ends.

Criteria

In granting approval for participation in the Tuition Waiver Program, the University will take into account the relevance of the course, certificate program or other approved program of study to the employee’s current job; the quality of the applicant’s performance in his/her jobs; the priority needs of the applicant’s current job and work unit; the quality of the applicant’s performance in prior courses for which tuition was waived; the availability of seats in the requested course(s) and other relevant considerations.

Responsibility for Implementation

Vice President for Human Resources

The employee must be full-time, permanent, and satisfy all of the following criteria:

1. The employee must be employed in a position represented by the AFT-Local 1905, CWA, IFPTE, NJLESA, NJSOLEA, or PBA bargaining units (“Bargaining Units”) at ĚÇĐÄvlog.
2. The employee must have been employed by Montclair State for a minimum of one year prior to the start of the first day of the semester in which the dependent child, spouse or party to a civil union (“Applicant”) is to commence undergraduate education at the University.
3. The employee must remain employed by the University and in a position represented by one of the Bargaining Units in order for the Applicant to be eligible for the Policy If the employee resigns or their employment is terminated, the tuition waiver will cease at the end of the academic semester in which the employee’s employment ends.
4. Should an employee whose dependent child, spouse or partner in civil union is receiving tuition waiver benefits in accordance with this program become deceased, the Applicant shall continue to be eligible for the benefit as though the employee remained employed by the University as long as the Applicant meets the University criteria.

In order for the Applicant to participate in the tuition waiver program, all of the following criteria must be met:

1. The Applicant must be pursuing their first baccalaureate degree.
2. The Applicant must meet ĚÇĐÄvlog’s criteria for admission.
3. The benefit is available to Applicants who enroll on either a part or full-time basis.
4. The Applicant must submit a completed Free Application for Federal Student Aid (FAFSA).
5. The Applicant must maintain dependent, spouse or civil union status to remain eligible.
6. The Applicant must maintain good academic standing in accordance with University policy and maintain a cumulative GPA of 2.0 [e.g. a C Average] to be eligible for the benefit. If the student’s cumulative GPA falls below 2.0, they will be ineligible for the waiver in subsequent terms until they elevate the cumulative GPA to a 2.0 or better.
7. If the applicant is not covered under the University health benefits, employees must provide a copy of an IRS Form 1040 to document dependent status. In addition, employees with a dependent aged 27 years of age or older, must provide documentation, as required by the IRS to substantiate that the dependent is totally and permanently disabled.
8. If the applicant is a spouse or party to a civil union, the applicant must submit documentation verifying the applicant’s relationship to the employee.

Provisions of the Program

1. Applicants may apply for tuition waivers for fall and spring semesters, winter and summer sessions.
2. Waivers are for tuition only. All other fees and costs are the responsibility of the Applicant.
3. Any taxes due on the tuition waiver benefit are the responsibility of the Applicant/employee.
4. The Garden State Guarantee program is a state program available to students who are in their junior or senior year of study whose family income meets program eligibility guidelines. There is information on the university’s website regarding this program.There are three tiers of eligibility under the GSG. Students falling in Tier One are eligible to receive 100% of their tuition and fees covered by grants, scholarships and the Garden State Guarantee program. Since tuition is covered in full for Tier One students, they will not be eligible for the University tuition waiver. Students falling in GSG Tiers Two and Three only receive partial support from the Garden State Guarantee which would amount to less than 60% of tuition, so students in GSG Tiers Two and Three will receive the University tuition waiver in lieu of the Garden State Guarantee grant.
5. The Red Hawk Advantage Award program provides tuition grants to entering students beginning with the fall, 2024 semester. The program is very similar to the Garden State Guarantee Program except that it is funded by the University and is available to students who are freshmen or sophomores at the time they are admitted. As with GSG, this is a last dollar program supplementing other gift aid the student may have received from government, private or institutional sources.As with GSG, there will be three tiers based on the income of the parent of the dependent student. Students falling in Tier One are eligible to receive 100% of their tuition and fees covered by grants, scholarships and the RHAA program. Since tuition is covered in full for Tier One students, they will not be eligible for the University tuition waiver. Students falling in Tiers Two and Three only receive partial support from the RHAA Program which would amount to less than 60% of tuition, so students in RHAA Program Tiers Two and Three will receive the University tuition waiver in lieu of the RHAA grant.
6. The tuition waiver will be applied as a last dollar benefit, providing funding covering up to 60% of tuition charges after all other scholarships and aid (federal, state, institutional and privately funded grants and scholarships) received by the student have been applied.
7. All applications must be submitted by the relevant deadlines posted on the Tuition Waivers Website. Applications submitted after the applicable deadline will be denied.

Although the PWFA adopts a framework similar to the ADA, PWFA accommodations are available to pregnant workers regardless of whether they are disabled within the meaning of the ADA. Therefore, an individual who cannot perform essential job functions is still qualified under the PWFA if:

• the individual’s inability to perform essential functions is temporary
• the essential job functions can be performed in the near future, and
• the inability can be reasonably accommodated.

The PWFA covers public and private sector employers of 15 or more (as well as employment agencies, labor organizations, Congress, and Federal agencies).

Covered employers cannot:

• require an employee to accept an accommodation without a discussion about the accommodation between the worker and the employer;
• deny a job or other employment opportunities to a qualified employee or applicant based on the person’s need for a reasonable accommodation;
• require an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working;
• retaliate against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding (such as an investigation); or
• interfere with any individual’s rights under the PWFA.

Other laws that apply to workers affected by pregnancy, childbirth, or related medical conditions, include:

• Title VII – Protects an employee from discrimination based on pregnancy, childbirth, or related medical conditions. Requires covered employers to treat a worker affected by pregnancy, childbirth, or related medical conditions the same as other workers similar in their ability or inability to work.
• The Americans with Disabilities Act (ADA) – Protects an employee from discrimination based on disability; and requires covered employers to provide reasonable accommodations to a person with a disability if the reasonable accommodation would not cause an undue hardship for the employer. While pregnancy is not a disability under the ADA, some pregnancy-related conditions may be disabilities under the law.
• The Family and Medical Leave Act of 1993 (FMLA) – Provides covered employees with unpaid, job-protected leave for certain family and medical reasons.
• The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP) – Expands protections for lactating employees by requiring employers to provide all employees who are nursing with reasonable time and private space to express breast milk.

Purpose

The purpose of this policy is to establish procedures by which the University will evaluate an employee’s fitness for duty when an employee is:

1. Having observable difficulty or inability to perform essential work duties as determined by the supervisor or based upon the employees’ Job Description and/or reliable information from credible sources; or
2. Posing an imminent and serious safety threat to self or others based upon behavior observed by the supervisor or reliable information from credible sources.

Definitions

Fit for duty

The employee is able to perform the duties of their job, or the employee does not pose a threat to the safety of him/herself or others.

Licensed Health service provider

A doctor of medicine or osteopathy, dentist, podiatrist, clinical psychologist, optometrist, nurse practitioner, nurse-midwife, or a licensed clinical social worker.

Supervisor

the person to whom the staff employee reports; and for faculty, their Chair or Dean.

Employee Responsibilities

1. Employees are responsible for managing their health in a manner that allows them to safely perform their job responsibilities.
2. Employees must come to work fit for duty and must perform their job responsibilities in a safe, secure, productive, and effective manner during the entire time they are working.
3. Employees are responsible for notifying their supervisors when they are not fit for duty.

Employer Responsibilities

1. Supervisors/managers are responsible for observing the attendance, performance, and behavior of the employees they supervise.
2. Supervisors/managers are responsible for following this policy’s procedures when presented with circumstances or knowledge that indicate that an employee may be unfit for duty.
3. Confidentiality of medical records: Any document containing medical information about an employee is considered a medical record and is regarded as confidential. The Human Resources Benefits Department will maintain medical records in a file separate from all other employee records.
4. Compliance with applicable collective bargaining agreements will be followed in the evaluation and administration of fitness for duty.

Procedures

1. The supervisor who receives reliable information from the employee and/or credible sources that an employee may be unfit for duty, or through personal observation believes an employee to be unfit for duty, will validate and document the information or observations as soon as is practicable and contact the Human Resources Benefits Department. Behaviors that may trigger the need to evaluate an employee’s fitness for duty may include, but are not limited to, problems with dexterity, coordination, concentration, memory, alertness, vision, speech, inappropriate interactions with coworkers or supervisors, inappropriate reactions to criticism, or suicidal or threatening statements, and which affect the ability of the employee to perform their job duties, or pose a threat to the safety of themselves or others.
2. The supervisor will present the information or observations to the Human Resources Benefits Department at the earliest possible time in order to validate them; and will allow the employee to clarify his or her actions, or to correct any mistakes of fact contained in the description of those actions. The Human Resources Benefits Department will then determine whether the employee should leave the workplace immediately for safety reasons.
3. In situations where there is a basis to think that a crime may have been committed and/or the employee is making threats to harm himself or herself or others, or is acting in a manner that is immediately dangerous to themselves or others, the supervisor shall contact The University Police Department immediately. The supervisor should also notify the Human Resources Benefits Department. In the event of a workplace accident or injury that occurs when Human Resources Benefits staff is not available, the supervisor shall contact University Police, who will inform Human Resources Benefits staff as soon as possible thereafter.
4. If the employee discloses a medical condition or disability, the Human Resources Benefits Department will engage in the “interactive process” with the employee and their supervisor to make a determination whether a reasonable accommodation can be provided to allow the employee to perform their job duties and the next step in the process.
5. Based on the descriptions provided by the supervisor and the employee during the interactive process, the Human Resource Benefits Department will determine whether a fitness for duty evaluation is required by a Licensed Healthcare Service provider and, if so, the Human Resources Benefits Department will determine the type of leave available to the employee to be used pending a complete fitness for duty assessment of the situation.
6. The Human Resources Benefits Department will provide the data collected based on the documentation and information provided along with theJob Description to the designated licensed healthcare service provider for completion to certify whether the employee is fit to return to work. The Licensed Healthcare Service Provider form will include a description of the behaviors, impact on performance of essential job duties, and safety risks that lead to the request for the evaluation and job description.
7. The University will be responsible for the cost of a fitness for duty evaluation performed by a licensed healthcare service provider designated by the University. The employee will be responsible for the cost of a fitness for duty evaluation performed by a medical professional selected by the employee and approved by the University.
8. Based on the information provided by the licensed healthcare service provider, the Human Resources Benefits Department will advise the supervisor whether the employee should return to work and, if so, the conditions of returning to work, including whether additional follow-up meetings are necessary. The Human Resources Benefits Department will determine the final decision on whether a Healthcare provider’s certification provided by a medical professional selected by the employee will be accepted. The Human Resources Benefits Department will conduct its review and assessment. to evaluate the employee’s ability to perform their essential job functions, which will be coordinated by the Human Resources Benefits Department. The University will pay for the cost of an Occupational Assessment if required.
9. The employee is responsible for providing their own transportation unless it’s an emergency situation.
10. The employee must comply with all aspects of the fitness for duty and evaluation procedures, including furnishing necessary consent and release forms to the healthcare service provider. Noncompliance may be grounds for disciplinary action up to and including termination. Information will be requested from the healthcare service provider regarding work restrictions that may be required upon the employee’s return to work.
11. Application of this policy is not intended as a substitute for other University policies or procedures related to performance, nor is it intended as a substitute for discipline. Situations involving violations of University policies or practices may result in disciplinary action being taken.

The purpose of this policy is to establish guidelines and criteria for flexible work arrangements, required documentation, and protocols for ensuring the stability, continuity, and security of University operations.

Comprehensive flexible work arrangements help the University to advance institutional goals including recruitment and retention of talented employees, environmental sustainability, and financial efficiency, while maintaining a vibrant campus with effective staffing and support of students, colleagues, and other key campus constituencies.

This Policy is subject to review and revision at least annually based on business needs, applicable federal and state laws.

Important Note: This Policy is separate and apart from requests for accommodations due to an employee’s disability in accordance with the Americans with Disabilities Act and the New Jersey Law Against Discrimination. Requests for accommodations due to a disability shall be submitted to HR Benefits in accordance with existing policy.

II: Definitions

Alternate Workplace:

a work location other than an employee’s Campus Workplace; the most common Alternate Workplace is the home of an employee. Such a work location should provide the employee with an appropriate working environment, including sufficient working space, access to reliable internet and telephone service, limited distractions, and located within a Commutable Distance of the University.

Campus Workplace:

an employee’s workplace on the Montclair or Bloomfield College of ĚÇĐÄvlog campus, or in space leased by the University.

Commutable Distance:

is any location which supports an employee’s ability to travel to campus when required, including on days that might otherwise be remote working days. During University work hours, employees within Commutable Distance must be able to report to campus if directed by their supervisor with reasonable advance notification and no later than the next business day.

Compressed Schedule:

a schedule with a reduction in the number of work days in a workweek from five days to four days and changes to an employee’s starting and departure times that are outside of a standard shift (for many employees, this is 8:30 am to 4:30 pm). Job duties performed under a Compressed Schedule may occur at an employee’s Campus Workplace or Alternate Workplace. The total number of hours worked in a workweek are not altered.

Flextime Schedule:

a schedule with variations in an employee’s starting and departure times that are outside of a standard shift (for many employees, this is 8:30 am to 4:30 pm). Job duties performed under a Flextime Schedule may occur at an employee’s Campus Workplace or Alternate Workplace. The total number of hours worked in a workweek are not altered.

Flexible Work Agreement:

a document which memorializes the terms of a flexible work arrangement (a Flextime, Hybrid or Compressed Schedule, or combination thereof) as agreed to by the employee, supervisor and dean or divisional vice president (a dean or divisional vice president may also be an employee’s supervisor).  (Job Aid PDF)

Hybrid Schedule:

a schedule that permits eligible employees to work from an Alternate Workplace one or more days per week.

III: Policy

A: Overview

Supervisors are responsible for deciding which positions and employees are eligible for flexible work arrangements and decisions are made on a fair, equitable, and consistent basis taking into consideration the need of the unit, the University and an evaluation of the likelihood of the employee succeeding in a flexible work arrangement. Flexible Work Arrangements are a voluntary work alternative for some employees and some positions, but are not practical for all employees and all positions. No University employee is entitled to or guaranteed the opportunity to participate in a flexible work arrangement.

Employees approved for flexible work arrangements perform the same work that they would in their Campus Workplace, in accordance with the same performance expectations and other agreed-upon terms. Employees who are approved for a flexible work arrangement will be required to complete and receive approval of a Flexible Work Agreement request.

An employee’s existing classification, compensation, and benefits will not change if the employee is approved for a flexible work arrangement. The University may establish remote work as a condition of employment, based on the University’s business needs. In such cases, this requirement should be included when the position is advertised and in an offer of employment. The University reserves the right to modify or change the conditions of employment for any position and any flexible work arrangements associated with a position.

All Flexible Work Arrangements must comply with applicable federal and state laws, collective bargaining agreements (where applicable) and all University policies and procedures.

B: Eligible Positions and Employees

Supervisors will analyze the nature of a position and how the work is performed and determine which positions are appropriate to designate or approve for a flexible work arrangement. Examples of positions that may fit this category include, but are not limited to: those that are computer-based; those that do not require the performance of in-person activities in a campus location; and those that do not require a high level of coordination or collaboration with colleagues, or in-person interaction with students, faculty, or other staff. Eligibility of positions for flexible work arrangements will be analyzed based on the needs of the unit and the discretion of the supervisor.

If an employee in an eligible position requests approval for a Flexible Work Arrangement, the supervisor shall determine whether the employee is eligible. In general, the following conditions must be met for approval of a flexible work arrangement: the employee has no active disciplinary actions in force; the employee does not have documented unsatisfactory performance, whether the work has been performed on-campus or under a flexible work arrangement, and; the employee has demonstrated the ability to work productively on his/her own. For new hires, supervisors may require that the employee receive their initial training on-site for a certain duration of time to familiarize them with their colleagues and the campus environment.

The process for evaluating eligible positions and employees should be fair, equitable and consistent. In all cases, flexible work arrangement decisions must be made without bias or favoritism, and must be consistent with the goals, objectives, and operational needs of the University and the specific unit.

C: Ineligible Positions

The following University positions are ineligible for Flexible Work Arrangements based on the job requirements and nature of the work:

• Academic Affairs: Faculty, Clinical Specialist, Instructional Specialist, and Adjunct positions
• Student Development and Campus Life: Residence Life, Student Health Center and University Police Department positions
• University Facilities: Positions that require physical labor on campus or a high level of in-person supervision, coordination or contact with staff or contractors who perform physical work on campus.

The foregoing is not an exhaustive list and subject to revision based on University and Divisional needs.

D: Request and Approval

Employees may request a flexible work arrangement by submitting a Flexible Work Arrangements Request in Workday for an eligible position. The employee must include an explanation of how job responsibilities fit with the proposed arrangement, any potential impacts of the proposed arrangement and how those would be addressed, and any implications for their unit, for students or others served by the position. Employees who are unsure of whether their position is eligible for a flexible work arrangement are encouraged to discuss their proposed arrangement with their supervisor before submitting a Flexible Work Arrangement request.

Supervisors will review Flexible Work Arrangement requests, considering the specific job responsibilities, unit specific needs and priorities, and institutional goals and objectives. All approved flexible work arrangements must be documented by a Flexible Work Agreement request signed/approved by the employee, supervisor, and dean or divisional vice president in Workday. Such documentation should include the specifics of the arrangement as agreed.

Most Hybrid Schedules will include working from an Alternate Workplace for no more than two (2) days a week during the academic year, or one (1) day a week when the University implements a Summer Friday schedule, and could be for fewer days for any period.  The two days working from an Alternate Workplace cannot be both Monday and Friday. Requests for Hybrid Schedules of more than two (2) days per week require the review and approval of the Vice President for Human Resources.

In the event a supervisor declines a request for a flexible work arrangement, an employee may review the decision with the dean or divisional vice president of the employee’s unit. The decision by the dean or divisional vice president to approve or decline the request will be final.

E: Job Expectations and Managerial Supervision

For the duration of a flexible work agreement, supervisors will provide clear expectations for job performance using established policies and procedures. The supervisor and employee must collaborate on strategies to address any workflow or coverage issues that arise as a result of the flexible work arrangement. The employee is responsible for completing the job duties specified in their job description, including other duties as assigned by a supervisor, with any appropriate modifications necessary.

Employees must ensure they are accessible (by phone, email, and any other medium/platform designated by their supervisor) and communicate how to contact them (providing contact information and phone number on voicemails or in email signature blocks) whether they are at a Campus or Alternate Workplace. Employees must use call/voicemail forwarding and/or voicemail messages on their Campus Workspace phone to facilitate accessibility. The employee is required to participate in any meetings via conference call, Zoom or other electronic group meeting platform consistent with departmental policies and with camera-on if required by their supervisor. Employees are expected to dress professionally and observe other University dress code policies while working remotely and participating in Zoom or electronic group meeting platforms.

The employee is responsible to ensure their Alternate Workplace provides sufficient working space without distractions and privacy to ensure confidentiality of University records, with reliable access to internet and telephone service, and any other conditions required to support the flexible work arrangement. (See Security Guidance for Flexible Working for additional information.)

When an employee must work on campus on a day that would otherwise be a hybrid working day, substitute hybrid working days are not guaranteed and are at the discretion of the supervisor. Established break schedules, call-out, and vacation request procedures remain in effect on hybrid workdays, including any unexpected inability to work due to illness, power outage or other issue which should be recorded as appropriate through the University’s online timekeeping system (Workday).

F: Communication

Frequent, open communication between the supervisor and the employee is integral to the success of all working arrangements. Supervisors should clearly communicate expectations of both performance and availability while working under flexible or in-person working arrangements. Employees should keep their supervisors informed of progress on assignments, including any challenges or opportunities they may experience. The success of a flexible work arrangement will be contingent on effective communication, accountability, and trust, for which both the supervisor and the employee are responsible.

G: Equipment, Office Supplies & Office Space

Employees who have been provided with a University computing device or devices (laptop, desktop, tablet, among others) are required to use them for all work-related activities on campus and at their Alternate Workplace. To ensure the security and confidentiality of University records, any computer equipment provided by the University shall be used only by the authorized employee.

Employees are expected to provide any other non-portable equipment they may need or prefer such as office furniture, phones, supplemental monitors, printers, scanners, and internet connectivity. Where use of personal devices is permitted, employees are expected to install software or other technology that may be required by the University to ensure security, accountability, and productive delivery of work consistent with University policies.

Employees working under Flexible Work Arrangements may use office supplies purchased by the University. Any equipment or office supplies provided by the University to support a Flexible Work Agreement must be returned to campus upon termination of the flexible work arrangement. University equipment used at an Alternate Workplace must be listed in the Flexible Work Arrangements request.

Adoption of Flexible Working Arrangements will provide opportunities to redeploy and repurpose office space on the Montclair and Bloomfield campuses, as well as space leased by the University. Employees participating in Hybrid Schedules with Alternate Workplace(s) should anticipate the University will adopt flexible office alternatives to accommodate employees that may be on campus for a limited number of days during a work week.

H: University Policies and Information Security

Employees must adhere to all University policies whether working at their Campus Workplace or at an Alternate Workplace. Adherence to IT, data security, and financial control policies are of particular importance while working at an Alternate Workplace. Employees must comply with University policies to connect to the University network, access data and access applications at all times. Employees shall not duplicate any University-owned software or sensitive data on personal devices except as explicitly allowed by University policy (such as the download of antivirus or Microsoft Office software). Consistent with existing University policy, employees shall not use University resources for the conduct of personal business, including while working at an Alternate Workplace.

Sensitive information (as defined in the Data Classification and Handling Policy) should only be accessed using University-issued computing devices which are securely-configured for such data access. Employees using personal computing devices may engage in limited entry of or access to sensitive data (such as an adjunct uploading grades for his class) only if they have assured that their personal computing device meets the University’s security policies, and confidential records are not accessed by anyone other than the employee.

I: Cost of Hybrid Work

The University is not obligated to assume responsibility for costs incurred by an employee in the use of an Alternate Work Location(s) (including an employee’s home) and performing Hybrid Work, including but not limited to: operating costs, maintenance, equipment, materials, Internet or telecommunications connections, renovation of space, or any other costs incurred by the employee.

J: Liability

An Alternate Workplace used by an employee under a Hybrid Schedule is an extension of the Campus Workplace. The State of New Jersey will determine whether: 1) the University’s liability for job-related accidents will continue to exist during the approved Hybrid Schedule and in the employee’s Alternate Workplace, and 2) the employee is covered under the State of New Jersey’s Workers’ Compensation Law for injuries occurring in the course of the actual performance of official duties at the Alternate Workplace. However, the University assumes no liability for damages to an employee’s real or personal property resulting from participation in a Flexible Work Arrangement.

If an injury occurs during Hybrid Schedule work hours, then the employee will immediately report the injury to their supervisor. The employee and supervisor should follow the University’s policies regarding the reporting of injuries for employees injured while at work. The State of New Jersey and ĚÇĐÄvlog are not responsible for any injuries to family members, visitors, and others in the employee’s Alternate Workplace. The employee may not have business guests or students at an Alternate Workplace.

To the extent permitted by law, the employee will not attempt to hold the University nor the State of New Jersey responsible or liable for any loss or liability in any way connected to the employee’s non-work related use of their Alternate Workplace, or home. The employee is responsible for contacting their insurance agent, tax consultant or other advisor, and consulting local ordinances, for information regarding Alternate Workplaces.

K: Time Keeping

The approved Flexible Work Agreement will document the days/hours the employee will be working. All University policies and procedures, including time and attendance reporting and leave time, continue to apply during flexible work arrangements. Supervisors are responsible for ensuring employees are fulfilling the job duties documented in the Flexible Work Agreement and the accurate and timely submission of time and attendance data. The University compensates fixed workweek employees for hours worked; supervisory approval is required in advance for overtime for fixed workweek employees, and no overtime may be worked without such approval.

L: Institutional Effectiveness and Culture

When reviewing requests, both initially and on an ongoing basis, supervisors, deans and vice presidents must consider the impacts of flexible work arrangements on other University departments with whom a position and employee regularly interacts. Consideration should also be given to how flexible work arrangements, in the aggregate, may affect the culture of the institution and opportunities for collaboration that may be best fostered with in-person interactions. For example, it may be beneficial to conduct in-person staff meetings or other work-related activities on a routine basis to encourage interpersonal interaction and enhance collegiality.

M: Review and Modification

Approved Flexible Work Agreements may be modified or terminated at any time at the sole discretion of the University due to changed circumstances or other University purposes. These agreements are a voluntary work alternative and not a term of employment; employees should have no expectation that any Flexible Work Arrangement will continue for their position for any particular period of time unless otherwise specified by the University. The University will attempt to provide employees with at least two weeks’ notice if a Flexible Work Agreements is changed or rescinded.

All flexible work arrangements must be reviewed formally at least annually and more frequently on an informal basis between the supervisor and the employee. The supervisor and employee should discuss the status of the flexible work arrangement in order to evaluate whether established job duty objectives and deliverables are clear and understood by both parties; project standards are delineated and performance is measured against defined standards; the employee’s performance and overall contribution to unit objectives can be and is evaluated, and; adjustments to enhance overall productivity need to be identified and implemented.

N: Short-Term Flexible Arrangements

While a regular flexible work arrangement might not be feasible for all positions due to business needs or specific responsibilities of an employee, there may be instances where the supervisor and employee agree to a short term flexible working arrangement for an Eligible Position.

An employee may request approval to work a hybrid schedule or alter their arrival/departure time for up to one month (or shorter periods) by mutual agreement with their supervisor. Such requests must be in writing (email is acceptable) to the supervisor in advance and approval must be confirmed by the supervisor in writing. Should the request not be approved, and the employee is unable to report to work, the employee will need to request time off as per existing Human Resources policies.

Any flexible arrangement requests beyond one month must be documented with a Flexible Work Agreement. Supervisors must ensure no overtime will be incurred (without prior written approval) with a Short-Term Flexible Arrangement.

O: Working from Outside the State of New Jersey or a Commutable Distance

Remote Working Agreements must specify the location of the Alternate Workplace which will be within either the State of New Jersey or a Commutable Distance. In order to ensure compliance with all applicable laws, consideration of requests to work outside of the State of New Jersey, require the review and approval of Human Resources and University Counsel. Working at an Alternate Workplace beyond a commutable distance without a fully approved Flexible Work Arrangement request is grounds for termination of the arrangement.

P: Exceptions to Policy

Exceptions to this policy can be considered on a fair, equitable, and consistent basis and require the approval of the Dean or Vice President and concurrence by a Senior Vice President or the Vice President for Human Resources.

IV: References and Related ĚÇĐÄvlog Documents

• Flexible Work Agreement Info & FAQs
• Security Guidance for Flexible Working
• Data Classification and Handling Policy

The employee must be full-time, permanent, and satisfy all of the following criteria:

1. The employee must be employed in a managerial position and be in good standing at ĚÇĐÄvlog.
2. The employee must remain employed by the University in a managerial title for their dependent child, spouse or party to a civil union (“Applicant”) to be eligible for the Policy. If the employee resigns or the employment is terminated, the tuition waiver will cease at the end of the academic semester in which the employee’s employment ends.
3. Should an employee whose dependent child, spouse or party to a civil union is receiving tuition waiver benefits in accordance with this program become deceased, the Applicant shall continue to be eligible for the benefit as though the employee remained employed by the University as long as the Applicant meets the University criteria.

In order for the Applicant to participate in the tuition waiver program, all of the following criteria must be met:

1. The Applicant must be pursuing their first baccalaureate degree.
2. The Applicant must meet ĚÇĐÄvlog’s criteria for admission.
3. The benefit is available to Applicants who enroll on either a part or full-time basis.
4. The Applicant must submit a completed Free Application for Federal Student Aid (FAFSA).
5. The Applicant must maintain dependent, spouse or civil union status to remain eligible.
6. The Applicant must maintain good academic standing in accordance with University policy and maintain a cumulative GPA of 2.0 [e.g. a C average] to be eligible for the benefit. If the student’s cumulative GPA falls below 2.0, they will be ineligible for the waiver in subsequent terms until they elevate the cumulative GPA to a 2.0 or better.
7. If the applicant is not covered under the University health benefits, employees must provide a copy of an IRS Form 1040 to document dependent status. In addition, employees with a dependent aged 27 years of age or older, must provide documentation, as required by the IRS, to substantiate that the dependent is totally and permanently disabled.
8. If the applicant is a spouse or party to a civil union, the applicant must submit documentation verifying the applicant’s connection relationship to the employee.

Provisions of the Program

1. Applicants may apply for tuition waivers for fall and spring semesters, winter and summer sessions.
2. Waivers are for tuition only. All other fees and costs are the responsibility of the Applicant.
3. Any taxes due on the tuition waiver benefit are the responsibility of the Applicant/employee.
4. The Garden State Guarantee program is a state program available to students who are in their junior or senior year of study whose family income meets program eligibility guidelines. There is information on the university’s website regarding this program.There are three tiers of eligibility under the GSG. Students falling in Tier One are eligible to receive 100% of their tuition and fees covered by grants, scholarships and the Garden State Guarantee program. Since tuition is covered in full for Tier One students, they will not be eligible for the University tuition waiver. Students falling in GSG Tiers Two and Three only receive partial support from the Garden State Guarantee which would amount to less than 60% of tuition, so students in GSG Tiers Two and Three will receive the University tuition waiver in lieu of the Garden State Guarantee grant.
5. The Red Hawk Advantage Award program provides tuition grants to entering students beginning with the fall, 2024 semester. The program is very similar to the Garden State Guarantee Program except that it is funded by the University and is available to students who are freshmen or sophomores at the time they are admitted. As with GSG, this is a last dollar program supplementing other gift aid the student may have received from government, private or institutional sources.As with GSG, there will be three tiers based on the income of the parent of the dependent student. Students falling in Tier One are eligible to receive 100% of their tuition and fees covered by grants, scholarships and the RHAA program. Since tuition is covered in full for Tier One students, they will not be eligible for the University tuition waiver. Students falling in Tiers Two and Three only receive partial support from the RHAA Program which would amount to less than 60% of tuition, so students in RHAA Program Tiers Two and Three will receive the University tuition waiver in lieu of the RHAA grant.
6. The tuition waiver will be applied as a last dollar benefit, providing funding covering up to 60% of tuition charges after all other scholarships and aid (federal, state, institutional and privately funded grants and scholarships) received by the student have been applied.
7. All applications must be submitted by the relevant deadlines posted on the Tuition Waivers Website. Applications submitted after the applicable deadline will be denied.