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Separations - Chapter 23
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Ch. 23: Separations
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Death

Separation Payments

Sample Confirmation of Resignation Letter

Separation Checklist

When Someone in the Campus Community Dies

Campus now has "Guidelines for Responding to Death", which can be located at: http://death-response.chance.berkeley.edu

It is the responsibility of the directors to coordinate notifications regarding the death of a staff member. Specific instructions including checklists and forms are located at the website. Before proceeding, however, you should initially contact the following people within the department:

  • For death of a student resident: Contact Harry LeGrande and Jerlena Griffin-Desta

  • For death of staff member, retired staff member on recall, or a staff member on medical leave: Contact Harry LeGrande, Brenda Greenwood, Cynthia Davis, Elysse Paige, and your Benefits Specialist

Additional information is available at the website regarding how to respond to death of a family member and when a community member dies on campus. The campus is working on developing additional guidelines for responding to deaths of retirees.

The Chancellor is in support of using departmental funds and time, within the scope of applicable funding and personnel policy constraints, to attend memorial events and to address the needs of those in the department who are grieving.

Using Departmental Funds:

  • Sympathy Gifts: Gifts of tangible personal property, such as flowers, may be presented as an expression of sympathy in the event of the death or major illness of an employee or a member of the employee's family or household. The cost of such gifts is limited to $75, unless exceptional approval is obtained. Sympathy gifts may be purchased with a check request, by Procurement Card or with petty cash.

  • Memorial Events: Departments can use department funds to pay for memorial events. See Campus Memorial in Guidelines. Cards and condolence letters are sent by RSSP Associate Vice Chancellor's office and Human Resources.

Authorizing Release Time:

Departments can be as flexible as possible to allow people to attend memorial events or services. Attendance is counted as time worked.

Personnel Policies for Staff Members and all unions allow family bereavement leave. Please check the Sick Leave section of the applicable policy or contract for allowable leave periods and who is covered.

If you have questions regarding departmental guidelines, please contact Dee Palacios, Human Resources Analyst at either 642-2311 or deepals@berkeley.edu. Questions regarding campus guidelines should be directed to Carol Hoffman, University Health Services at either 642-7883 or choffman@berkeley.edu.

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Policy and Procedure for Separation Payments

AB 2410 became effective January 1, 2001. This law amends certain provisions of the California Labor Code which apply to the University of California. The changes are to Labor Code Sections 200-211 and 215-219 and pertain to the payment of wages upon termination. Failure to comply with this law may entitle the employee to waiting time penalties (we can be fined up to 30 days wages for an individual) and a personal liability (misdemeanor) may be imposed on the manager or supervisor who fails to comply.

Voluntary Termination

  • If an employee voluntarily resigns without advance notice, final payment of all time must be made within 72 hours of the employee's notification of resignation. The Payroll Unit requires documentation (see Final Separation Check and Documentation below) within 24 hours of employee's resignation.

  • If an employee voluntarily resigns with at least 72 hours notice, payment is required on date of separation. The Payroll Unit requires documentation within 24 hours of employee's resignation.

    The 72-hour period includes weekends. Checks may be mailed to employees. Make sure checks are postmarked in accordance with above listed regulations and proof of mailing is obtained.

Involuntary Termination

  • If an employee has an appointment with an end date, final payment of all time must be made on the appointment end date. In order to meet Campus Payroll's deadline, the Payroll Unit requires documentation for individual employees 10 working days before end of appointment for groups of 5 employees or less and 14 working days before end of appointment for groups of 6 employees or more.
  • If an employee is discharged, payment is required upon discharge for all wages owed at the time of termination. In order to meet Campus Payroll's deadline, the Payroll Unit requires documentation 6 working days before date of discharge.

    If you have any questions about this policy, please contact Payroll Manager Cynthia Davis at 643-8662.

Final Separation Check and Documentation

To help ensure prompt separation payments for all employees, call your payroll specialist to notify them that you will be delivering separation documentation. Hand deliver the following documentation to your specialist within the designated Payroll Unit time frames mentioned above:

  1. For voluntary terminations: A copy of the employee's letter of resignation or copy of letter written by the manager or supervisor to the employee confirming receipt of and date of resignation. Confirmation letters should be addressed to the resigning employee and include their status (career, limited, student), title, and work location or home address; whether a written or verbal resignation was received, the date resignation was received, and the last date of work. See attached sample.

    For involuntary terminations: A copy of the letter of dismissal, release during probationary period, or release during appointment.

  2. Separation Form

  3. Current timesheet if separating employee is an administrative employee. If employee uses a time clock, you will need to notify your payroll specialist that the employee's time is current and that projected time (if needed) is entered into the payroll system.

After documentation is delivered to your payroll specialist they will contact you with the exact date that the check will be issued.

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