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Regulations & Policies

Human Resources

I. OBJECTIVE & PURPOSE

The Ïã¸ÛÁùºÏ²Ê¿ª½±½á¹û2023 Board of Trustees has delegated to the University President the ability to establish and maintain the pay structure for University employees. This Policy applies to faculty and staff and is intended to complement the University's Personnel Program and applicable collective bargaining agreements; however, to the extent this Policy conflicts with the terms of an applicable collective bargaining agreement, that agreement's terms will control.

For additional policies relating to compensation, please also see the Overload Policy, 2.044P, and Contract and Grant Compensation Policy, 2.1040P.

II. STATEMENT OF POLICY

A. Compensation Philosophy

The University embraces a pay-for-performance approach, within the boundaries of funding availability and fiscal responsibility, consistent with the following principles:

1. Pay is to be equitable and fair;
2. Pay is to be competitive;
3. Pay is enhanced for excellence as determined by successful outcomes; and
4. Pay is enhanced for the acquisition and application of competencies/contributions valued by the University.

B. Compensation Strategies

Within the boundaries of funding availability and fiscal responsibility, the University's compensation strategies include the following:

1. Striving to pay a salary competitive within relevant markets. Where funding is limited, colleges/divisions may strive for a target salary which may be less than the actual market salary and/or have a multi-part plan for achieving internal and external equity.
2. Considering and recognizing an employee's individual or team performance including, but not limited to:
   1. excellence in individual and collective actions;
   2. specific outcomes which result from individual skills/competencies;
   3. meeting and/or exceeding University goals; and
   4. contributing to the enhancement of the University's effectiveness.

C. Pay Differentials

Individual competencies, assigned duties and responsibilities of the position, and performance levels are examples of bona fide reasons for differences in pay. In some cases, length of service may be another example of a bona fide reason for a difference among salaries.

D. Hiring Salary

When determining a hiring salary, the hiring authority should consider a number of factors including but not limited to:

1. Individual competencies;
2. Educational level;
3. Training and experience; and
4. Internal and external market factors.

E. Merit Increases When determining merit increases, the following factors should be considered along with the provisions of any University established merit pay plan/system:

1. Individual or group performance level; and
2. Method of payment (increases to base salary or lump sum).

F. Organizational Unit Discretion

Subject to Human Resources review and approval, each organizational unit has the authority to determine how appropriated salary dollars are used in accordance with University policies and procedures. Discretionary salary determinations shall be implemented consistent with this Policy and may be based on individual or team outcomes.

G. Pay Actions

Certain laws, regulations, and policies may impact the University's ability to take some pay actions, and the University will follow such legal requirements.

The following list provides examples of pay actions the University may take:

1. A pay increase for a temporary assignment on an acting basis. Upon return to original responsibilities, the pay may be adjusted again.
2. A pay increase upon returning from unpaid leave based on increases in the pay range for the class or mandatory pay increases granted during the period of unpaid leave, unless pay implementation instructions provide otherwise. Also, an employee may be considered for discretionary increases while on leave.
3. An increase to base pay may be justified in certain circumstances, such as the following:
   1. Increased responsibilities;
   2. Market conditions including counter-offers and retention due to specialized or extensive investment or training;
   3. Salary compression or inversion;
   4. Increases to resolve a pay disparity considering education, experience, or duties and responsibilities of other employees;
   5. Increases to recognize sustained superior performance;
   6. Approved career development programs;
   7. Pay additives including those for asbestos-related activities, lead abatement activities, lead-worker pay, shift differentials, on-call pay, field training officer activities, and other approved activities.
4. A pay decrease or other modification may be justified in certain circumstances, such as the following:
   1. An employee who is demoted shall receive pay commensurate with the responsibilities assigned. The demotion may be with or without a reduction in base rate of pay.
   2. The removal of pay additives, correction of overpayment, or reduction to the maximum of the pay range.
   3. When the assignment of Faculty serving in an administrative position such as Vice President, Dean or Director is changed, the pay and appointment period shall be adjusted to reflect the new responsibilities. If the adjusted pay of an administrator, whose appointment is being changed to a ranked Faculty will be greater than 90 percent of the range of pay for Faculty in the same rank in the college or school in which the employee is to be appointed, the new pay must be approved by the University President.
   4. When an employee's appointment is changed from a calendar year to an academic year appointment, the employee's pay shall be adjusted according to the terms of their appointment letter, offer letter, or employment contract.

III. EXTRA COMPENSATION

A. General Employee Eligibility Criteria

The Florida Statutes described in Section III allow the University to provide other forms of extra compensation in certain circumstances. To be eligible for any type of extra compensation outlined in this section, the employee must meet all of the following criteria:

1. Hold a regular, benefits-earning position that is not in a bargaining unit (out-of- unit).
2. Have a current positive overall performance rating on file with Ïã¸ÛÁùºÏ²Ê¿ª½±½á¹û2023 Human Resources, generally meaning a rating of "Meets Expectations" or higher.
3. Have no disciplinary action on file for the previous twelve (12) months.
4. Have not been issued a non-reappointment or an active Performance Improvement Plan (PIP).
5. Must be employed on date of award distribution.

B. Florida Statute § 215.425

Under Florida Statute § 215.425, the University may provide extra compensation as part of a bonus program. Such awards will be based on work performance. The bonus program under § 215.425 will describe the performance standards and evaluation process by which a bonus will be awarded, notify all employees of the program before the beginning of the evaluation period, and consider all employees for the bonus.

C. Florida Statute § 1012.978

In addition to bonus programs under § 215.425, under Florida Statute § 1012.978 and Florida Board of Governors Regulation 9.015, the University may also provide extra compensation as part of bonus programs for work performance or employee recruitment and retention. This section describes the evaluation criteria for these bonus programs.

1. Work Performance

   The evaluation criteria for work performance bonuses includes, but is not limited to, successful documented work performance involving increased duties/responsibilities, completion of a special project, attainment of established goals, superior performance, or specific achievements or assignments of significance. Performance-based bonuses recognize employees who have demonstrated continuous outstanding performance or who have made a significant contribution to the department's objectives. Each bonus program may have additional written eligibility criteria beyond those set forth in this Policy.

   The following are examples of performance-based bonuses offered by the University:

   1. Gabor Award for Administrative & Professional Staff. The eligibility requirements for this award are a minimum of three years of continuous service in an A&P position as of July 1 of the nominating year, being in good standing and endorsed by the employee's supervisor, evidence of activities within the past three years outside the normal scope of the position, excellence in overall job performance (professionalism, dependability, knowledge of the job and university operations, works effectively and harmoniously with others), and contributions to the University.

   2. Gabor Award for University Support Personnel Association. The eligibility requirements for this award are a minimum of three years of continuous service, a history of good standing for the last six months, outstanding job performance through professionalism, dependability, and contributions to the University community beyond the range of the job assignment and performance expectations.

   3. Presidential Excellence Award. To be eligible for this award, the employee must be Administrative and Professional (A&P), Support (USPS), Out-of-Unit Faculty, or OPS staff, and have notable contributions to the University that are significantly above and beyond the range of the job assignment and performance expectations.

   4. Presidential Quality Customer Service Award. To be eligible for this award, the employee may be in any Ïã¸ÛÁùºÏ²Ê¿ª½±½á¹û2023 department, office or unit that has contributed to the enhancement of quality customer service at the University, proven exceptional initiative in "going the extra mile" to provide service to internal and external customers with timely and appropriate follow up, confirmed responsiveness to the needs of students, patrons or customers and demonstrated improvement of customer service and satisfaction.

   5. Presidential Spot Award. To be eligible for this award, an employee must have taken action that ultimately will have lasting positive effects on students, faculty, staff, visitors, or safety in the workplace.

   6. Revenue Generation Incentives. For employees engaged in generating revenues from ticket sales, rental of University premises, and training programs that are not the University's undergraduate/graduate school offerings (such as employees in the Fine Arts Center, Herbert University Center, and Institute of Police Technology & Management), bonuses may be paid for meeting or exceeding established targets or increasing revenue through process improvements, reductions in workload, or other improved efficiencies.

   7. Athletic Bonuses. University Athletics Employees may be offered one or more bonuses based on a variety pre-established eligibility criteria, such as the following:

      1. Ticket sales

      2. Obtaining favorable broadcasting arrangements and/or exceeding goals for broadcast/social media impressions and views

      3. Team participating in a certain number of broadcast events

      4. Facilitating specified sporting events held on campus by non-University groups

      5. Qualifying and participating in high-level tournament or championship matches

      6. Winning a certain percentage or number of games in a season

      7. Winning a championship

      8. Achieving set goals for a department or sport

      9. Achieving a certain ranking level for a sport (e.g., Top 25, Top 50, Top 75) from a recognized ranking body

      10. Qualifying for certain NCAA payments to the University

      11. Achieving set fundraising goals

      12. Having student athletes reach or maintain certain academic standards of excellence

      13. Receiving certain forms of recognition of excellence from the University's athletic conference

   8. Awards for Faculty. Examples of these awards include Distinguished Professor awards, Outstanding Teaching awards, Outstanding Scholarship awards, Outstanding Service awards, Outstanding Community-Engaged Scholarship, Outstanding Adjunct Teaching awards, and service in leadership counsels. To be eligible for these awards, faculty must demonstrate outstanding performance or commitment to service beyond their job requirements.

2. Employee Recruitment

   The evaluation criteria for these bonuses include, but are not limited to, identification of external candidates with desirable specialized skills and exceptional experience, or where market conditions or departmental structure merit such an award.

   The following are examples of recruitment-based bonuses offered by the University:

   1. Rehire Bonus. When needed to attract applicants, the University may offer a one-time payment to be made to an individual with previous satisfactory Ïã¸ÛÁùºÏ²Ê¿ª½±½á¹û2023 employment, who is rehired. The bonus will be paid after successfully completing a six (6) month probationary period.

   2. New Hire Bonus. When needed to attract applicants, the University may offer a one-time payment to be made to a new hire. The bonus will be paid after successfully completing a six (6) month probationary period.

   3. Referral Bonus. The University may offer a one-time payment to current University employees when they refer an applicant that is hired by the University and successfully completes a six (6) month probationary period.

3. Employee Retention

   The evaluation criteria for these bonuses include, but are not limited to, circumstances to address verified offers of competing employment, address market conditions which are significantly higher than the current salary, ameliorate salary compression or inversion, or acknowledge successful completion of career development training, or certification programs that are in the best interests of the University or support the mission of the University.

   The following bonuses are examples of employee retention bonuses that may be available:

   1. Retention Bonus. When needed to retain existing employees, the University may offer a retention bonus if an employee has been employed for at least one (1) year, has an overall rating of "Meets Expectations" on their most recent evaluation. If received, additional one (1) year of employment is required to avoid repayment of the Retention Bonus. 

   2. One-Time Payment In Lieu of Salary Increase. A one-time payment in lieu of a salary increase may be made if a recurring salary increase is not offered. Such one-time payments enhance retention of valuable workforce members and avoid the cost to the University of replacing individuals who may leave to seek an increase in salary elsewhere.

   3. One-Time Payment for Employee at Top of Range. A one-time payment in lieu of all or part of a salary increase may be made for retention purposes where an employee would otherwise be eligible for a university salary increase except that the employee is near or above the maximum salary range for the position. The employee may receive some level of salary increase; however, the amount of such increase will vary depending on the availability of funds, performance, and internal equity considerations. Amounts may be paid as a lump sum rather than as an adjustment to base salary.

   4. Certification Achievement Incentives. These awards recognize the attainment of a professional license, designation or certification. The licenses/designations/certifications must be recognized industry-leading designations and relevant to the departmental needs as determined by the Department Director/Manager and in a discipline that is relevant and related to the employee's current position that would enhance the employee's ability to perform the duties of that position. In addition, employees must be in good standing with the University, indicated by the overall rating on the employee's most recent written performance appraisal. These awards are given to encourage employees to acquire a degree, a professional license, or a professional certification from an accredited institution or professional organization. The course of study must be relevant to the position and/or department needs. These awards are not available for degrees, professional certifications or licenses that are a current job requirement.

4. Reporting

   Annually, the President shall submit a report to the Board of Trustees that certifies any bonuses paid during the reporting period complied with the criteria in the University's bonus plan and that the bonuses were within the University's budget as approved by the Board of Trustees. The amount of funds paid for performance, recruitment and retention bonuses must be included in the report.

IV. COMPENSATION MAXIMUMS

1. The University President may not receive more than $200,000 in remuneration from public funds. The University may, itself or through a component unit, provide cash or cash-equivalent compensation from funds that are not public funds in excess of the $200,000 limit.
   1. Remuneration includes salary, bonuses, and cash-equivalent compensation paid to the President by the University for work performed, excluding health insurance and retirement benefits.
   2. Public funds are defined as funds appropriated from general revenue, state trust funds, including the student and other fees trust fund, educational enhancement trust fund, phosphate research trust fund or any funds from a state university trust fund regardless of repository.
   3. Cash-equivalent compensation means any benefit that may be assigned an equivalent cash value.
2. A university employee may not receive more than $200,000 in remuneration from appropriated state funds. The University may, itself or through a component unit, provide cash or cash-equivalent compensation from funds that are not public funds to a university employee in excess of the $200,000 limit.
   1. Remuneration includes salary, bonuses, and cash-equivalent compensation paid to a university administrative employee by the university board of trustees for work performed, excluding health insurance and retirement benefits.
   2. Appropriated state funds are defined as funds appropriated from general revenue or state trust funds, including the student and other fees trust fund, educational enhancement trust fund and the phosphate research trust fund.
   3. Cash-equivalent compensation means any benefit that may be assigned an equivalent cash value.
3. University teaching faculty in instructional programs as listed in Florida Board of Governors Regulation 9.006 are excluded from the $200,000 limit.

V. COMPLIANCE WITH LAW

In all compensation matters, the University will comply with the Fair Labor Standards Act, Florida law, Board of Governors' Regulations, and other applicable laws, rules, and regulations. References: Florida Statutes §§ 215.425, 1012.978; Florida Board of Governors Regulations 9-006 & 9.015.

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