The HR Regulations and Miscellaneous Frequently Asked Questions are divided into the following categories for ease of navigation. Please select the category that best applies to the issue you are inquiring about to view a list of related questions:

Fair Labor Standards Act (FLSA) FAQs
  • Lunch and Breaks FAQs
  • Nursing Mothers Policy
  • Leave Time and Holiday FAQs
  • Exempt and Non-Exempt Status FAQs
  • Overtime FAQs
  • Time Worked FAQs
  • Salary FAQs
  • Other FLSA FAQs
  • Other HR Regulations and Miscellaneous FAQs

    Fair Labor Standards Act (FLSA) FAQs
    What is the Fair Labor Standards Act (FLSA)?
    Where can I find more information on the FLSA?

    Lunch and Breaks FAQs
    Does the FLSA require employers to provide lunch and coffee breaks?
    What are the guidelines regarding lunch breaks?
    Are meal periods considered hours worked?
    If on a given day, an employee decides not to take lunch, is there a limit on the hours the employee can work that day?
    Are exempt employees required to take a meal period?

    Nursing Mothers Policy
    Departments and Offices:

    Who do I contact if I need help with creating a suitable space in my office?
    Can a bathroom be used as a private space for nursing mothers?
    How long do I have to allow an employee extra time and a private space for expressing milk?
    Employees:

    Can I bring my baby to work to nurse instead of expressing milk?
    Am I entitled to a private place to express milk?
    How many breaks can I have, during the work day, to express milk?

    Leave Time and Holiday FAQs
    Does the FLSA require payment for holidays, vacation, and/or sick leave?
    Do employees get paid for University holidays?
    How does an employee that works on a scheduled holiday get paid?

    Exempt and Non-Exempt Status FAQs
    How were exempt and non-exempt designations assigned?
    What does it mean to be exempt or non-exempt?
    How is a job determined to be exempt or non-exempt?
    If an employee is in a position that is changed to non-exempt, does it mean that the position is being devalued?
    Why were changes implemented regarding the exemption status?
    How was the change in exemption status at the University of Miami determined?
    Will an FLSA exemption status change affect an employee's pay rate and job grade?
    How does an FLSA exemption status change affect vacation and sick accrual?

    Overtime FAQs
    Do employees have to obtain approval from their supervisor to work overtime?
    When is overtime due?
    When do employees get paid for overtime?
    What are hours worked when calculating overtime?

    Time Worked FAQs
    How should employees record time worked?
    What are hours worked?

    Salary FAQs
    How are salaries set upon promotion?
    Is an employee's salary reduced if he/she is demoted?
    If an employee transfers to a position in his/her same classification or to a position with his/her same salary range, may the employee receive a salary increase as a result of the transfer?
    Can an employee receive a salary increase if he/she is assigned additional duties?
    Does the University provide salary increase when a degree is earned?

    Other FLSA FAQs
    Does “on call” mean that an employee must be available by phone but does not have to report physically to work?
    Do temporary employees get paid for jury duty time?
    Do employees get paid for the days that the University was closed due to a hurricane? Do they get paid extra if they worked?

    Other HR Regulations and Miscellaneous FAQs
    What are my employee rights under the National Labor Relations Act (NLRA)?
    How often should job descriptions be prepared?
    Does the University have a dress code?
    Who is responsible for completing forms for employees related to verifications of employment, applications for loans, references, etc.?
    When can employees use accrued compensatory time?
    If I have a question on UM policies, where can I go to inquire?
    I believe I am eligible for a University Long Service Award. What are the longevity criteria for awards? How are the awards actually distributed, and by whom?
    Does an email mailbox remain active indefinitely (including special processing mailboxes)?
    Where can the University academic calendar be found?
    What is the holiday schedule for employees at the University of Miami?
    When are we, as employees or a department, allowed to have alcoholic beverages at events? Can we provide wine at a luncheon? Can the department pay for wine or champagne for a celebration or opening?
    What form is required for business related cell phone charge reimbursement?
    An employee is having conflicts with his/her supervisor; with whom can the employee discuss these issues?
    An employee is presently taking the metro bus to work. What does he/she need to do to receive a discount on his/her bus fare?
    What is an alternative work schedule?
    Where can employees see their benefits?
    What education benefits do employees receive?
    Do temporary pool employees have any benefits?
    Where can an employee obtain a letter from the University of Miami stating that he/she is employed at the University?
    What is the University's Bereavement Policy for employees?
    Who needs to be contacted if a department name is not valid?
    What is the process to verify authenticity of an international degree for an employee?
    Who verifies if the employee has obtained the degree required by the position?
    Who verifies the degree indicated by the employee on the Pre-Employment Drug Test/Background Search Form?
    Can ex-employees see their paycheck stubs in myUM?
    How can employees see their paychecks?
    How can employees review their employee file?
    Is a rehired employee entitled to be grandfathered to the sick/vacation accrual rate they had in their previous employment with the University?
    What date is an employee accrual comp date entitled to if worked five years as a PL employee (less than 50% FTE), and transferred to an FR (100% FTE) position?

    The Fair Labor Standards Act (FLSA) is a federal law enacted during the 1930s which establishes minimum wage, child labor provisions, overtime provisions, and record keeping. The Act requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at one and a half the regular rate for all hours worked over 40 hours in a workweek. The law also governs whether employees are exempted from provisions that require employers to pay overtime or protected by provisions of the law and are therefore eligible for overtime.

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    The Department of Labor has a reference site which can be found at http://www.dol.gov/whd/flsa/index.htm

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    The FLSA does not require lunch or coffee breaks. However, the University allows short breaks (usually lasting up to 15 minutes) if work permits; the break is considered time worked and must be paid.

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    If an employee is relieved of all duties for more than 20 minutes, it is a lunch break and, therefore, unpaid. An employer is not required to provide lunch or break time. At UM, an employee is expected to comply with their regular schedule, which may include taking half- to one-hour lunch. Any changes to the regular schedule, which includes shortening or not taking lunch must be approved by the supervisor. If a salaried employee does not take lunch, they will receive the same pay.

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    No. Meal periods of 30 minutes or more are not hours worked and are not paid.

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    There is no time limit on the amount of hours an employee can work in a day. However, non-exempt (hourly-paid) employees should get authorization from their supervisor before working through a meal break as this may create overtime and overtime can only be worked with prior approval from the supervisor.

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    Contact your immediate supervisor or your departmental Human Resources representative.

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    A bathroom stall or stall area does not fulfill the private space requirement, and may not be lawfully suggested or utilized for expressing milk.

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    For one year after the birth of the baby.

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    The University does not have a policy that allows parents to bring children to work.

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    Yes, work with your supervisor/manager to identify such a place.
    For additional information, please see the U.S. Department of Labor Fact Sheet

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    The University is required to provide nursing mothers a reasonable amount of break time to express milk and as frequently as needed. Non-exempt, hourly paid employees, are provided two 15 minute break periods (refer to Policy B015) during each normal work day. These break periods may be used to express milk. However, if additional time is needed it will be granted as unpaid for non-exempt employees and should be reflected in the KRONOS time record. Exempt, administrative/professional employees, are expected to manage necessary breaks to express milk during the course of their day. In all cases, employees are expected to fulfill all work responsibilities within the scheduled work day.

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    Federal law does not require lunch or coffee breaks. However, the University supports lunch breaks for all employees.

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    The FLSA does not require payment for time not worked, such as vacations, holidays, and sick leave. These are benefits awarded by the University.

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    Regular (non-temporary or casual worker) employees working 50% or more time do get paid for University holidays. Actual dates and holidays may vary depending on your Calendar ID, which may be determined by the campus you work at. Click here to view the University's holiday calendar.

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    When employees work on a scheduled holiday, they get paid for the day at their regular pay rate and for the hours worked at time and a half.

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    In order to determine whether a position is exempt or non-exempt, each position's duties are analyzed and put through a salary level test and job duties test as required by the FLSA.

    The Fair Labor Standards Act (FLSA) provides an exemption (therefore employees are said to be exempt) from the Act's overtime requirements for any employee working in a bona fide executive, administrative, or professional capacity, and for some computer related positions. To qualify for the above mentioned exemptions, an employee must be compensated on a salary basis at a rate of not less than $455 per week ($23,660 annually).

    Any employee compensated for less than $455 per week ($23,660 annually) is classified as non-exempt.

    Employees who perform work involving repetitive operations with their hands, requiring physical skill and knowledge usually acquired through apprenticeship and on the job training, not through a prolonged course of specialized intellectual instruction, are non-exempt. Also non-exempt are non-management employees in production, maintenance, and construction. In addition, police officers, technicians, technologists, clerks, and most secretarial positions are non-exempt.

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    Simply put, employees holding non-exempt positions are those that must be paid in accordance with the overtime provisions of the FLSA. Employees in these non-exempt jobs are required to record their time and be paid one and a half times their regular rate of pay as overtime for any hours worked over 40 hours in a workweek. Compensatory time may be earned by non-exempt employees in lieu of overtime pay at the rate of one and a half times the number of hours worked in excess of 40 hours in a workweek. Non-exempt employees must use accrued compensatory time within thirty days of its accrual, provided that to do so would not unduly disrupt the operations of the University.

    Exempt positions, on the other hand, are excluded (exempted) from coverage and do not need to be paid overtime. Employees in exempt positions are paid the same amount each workweek regardless of the hours they work.

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    All positions in the University are analyzed in accordance with the FLSA. Each position's duties and responsibilities are put through a salary level, salary basis, and job duties test under the FLSA. A position must meet all of the requirements under these tests in order for it to be considered exempt from the provisions of the FLSA.

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    Not in any way. We want to ensure that you are getting paid for what you are entitled to when working overtime.

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    On August 23, 2004, the Department of Labor published final regulation that changed the definition of the exemptions. The University concluded a comprehensive audit with changes effective July 1, 2005. As a result, some of our jobs in various classifications no longer fit the criteria to be exempt.

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    Human Resources compensation staff across campuses worked to apply the criteria described in the FLSA regulations to the University of Miami’s jobs based on the types of job duties required of each position. In many cases, additional information was obtained from departments to make the determination.

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    The total annual base pay will not be affected. Employees changing to exempt status will no longer be paid overtime. Some position grades may be changed.

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    Vacation and sick accruals will not be affected. Click here to view the “FLSA Move Leave Time Accruals.”

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    Yes. There is a cost to the department; overtime must be approved by the supervisor before it is worked.

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    Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the overtime was worked. All overtime must be authorized by the immediate supervisor prior to working.

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    Non-exempt employees are paid the regular hourly base rate of pay for all hours worked up to 40 in a workweek. One and a half the regular base rate of pay is paid for hours worked in excess of 40 in a workweek. Vacation days, sick days, holidays, and days served as a juror are not considered time worked when calculating overtime compensation.

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    In calculating overtime, only hours actually worked in a given week will be counted to determine if overtime pay is required. For example, if an employee works on Monday, Tuesday, Thursday, and Friday; Wednesday is a sick or vacation day; and works on Saturday, the total actual work hours is only forty, not forty-eight (assuming the employee is scheduled to work 40 hours a week), and thus the employee is not eligible for overtime.

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    All hours worked by non-exempt employees must be recorded using the Kronos time-keeping system (via telephone or time clock).

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    Hours worked are all times which the University requires or permits the employee to be on duty, at a prescribed location, or on employer's premises.

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    Upon promotion, employees may receive a 5% increase over their current salary. A department may request a promotional increase in excess of the required guaranteed 5% provided that the employee significantly exceeds the minimum requirements of the position to which he/she is being promoted.

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    A downward move is usually accompanied by a reduction in pay commensurate with the new position's level of responsibility.

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    A lateral move is used when an employee transfers or is reclassified to a position that has the same classification or pay grade as their current position. Normally, these moves do not qualify for a salary increase.

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    An employee may be granted a salary increase for additional duties provided that the increased duties reflect a significant increase in the level and nature of the work being performed.

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    Acquiring a degree does not necessarily mean that a promotion will take effect.

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    “On call” means that the supervisor instructs an employee in writing to be available for work outside the regular work schedule, be at a fixed location, and be ready to be back at the work station when needed to perform emergency or other necessary work assignments.

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    In order to get paid for jury duty time, temporary employees must bring a copy of the summons, the form of attendance to the jury duty service, and the dismissed note when they return to work.

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    Non-Exempt (Hourly-Paid) Employees:
  • If an emergency is declared during an employee's normal working hours, “double time” pay will be granted for all hours worked, including hours worked in excess of 40 in a workweek, by essential/designated employees to become effective at the same time other non-essential/designated employees are released from work.
  • If an emergency is declared during an employee’s normal off-duty hours, essential/designated employees are expected to report to work and perform emergency/natural disaster related duties. “Double time” pay will apply to all hours worked, including hours worked in excess of 40 in a workweek, during the declared emergency/natural disaster period as determined by the University.
  • Exempt (Monthly-Paid) Employees:
  • Exempt employees, designated as essential/designated, do not receive overtime or double time pay for work performed during the emergency/natural disaster period. However, departments may compensate them by providing either some amount of “overload” pay, paid time off, or a combination of the two. That determination is at the discretion of the vice president or dean in consultation with and approval by the appropriate Human Resources office.
  • Regular employees (non-temporary and non-student) that did not work will be paid disaster pay for their regular daily rate for each day that the University was closed. For those that worked a partial day, the worked hours are overtime and the rest of the day is disaster pay.
    Casual workers and temporary employees will not be paid if they did not work, and if they worked they will be paid their regular hourly rate unless they worked over 40 hours for the week in which case it will be paid at the overtime rate.
    For more information, please refer to the appropriate Emergency/Disaster Pay Policy.

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    Click here for information.

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    Job descriptions should be revised whenever the duties of the position change. This is important since the exempt or non-exempt status of any particular employee must be determined on the basis of whether the employee's salary and duties meet the requirements of the regulations.

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    There is no formal dress code policy. Below are guidelines.

    Work attire should complement an environment that reflects an efficient, orderly, and professional organization. Appropriate attire consists of the following:
  • Women: Pants and blouse/sweater, skirts, dresses, pant-suits, or business suits.
  • Men: Pants and shirts. Jackets and ties are optional.
  • Jeans,* shorts of any kind, open-toed shoes and head-wear are not considered professional attire.
  • While a completely comprehensive written list of possible clothing combinations is not possible, we expect our staff will welcome this opportunity to join in the professional image concept we are trying to project. Please be advised that department administration will make the ultimate decision as to what is acceptable outside of these guidelines. Employees dressed inappropriately will be asked to go home to change without pay.

    *Attire for dress-down days will be determined by the Vice President or Dean of the division.

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    The appropriate Central Office should complete these requests. Individual departments are not authorized to complete verifications of employment.

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    Only employees that work in public safety (such as police officers) are eligible to compensatory time in lieu of overtime for time worked over 40 hours in a work week. For more information, please refer to the Overtime, Compensatory Time & Call Back Pay Policy (D020).

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    Human Resources has posted the Employee Handbook on the Internet, which has short explanations on many policies; that would be a good place to start. If you feel you need a more in-depth explanation, you can refer to the University's online Policies and Procedures Manual, or call to speak to a Human Resources representative (305-284-3799 for Gables and Rosenstiel Campus employees or 305-243-6393 for Medical Campus employees).

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    Long Service Awards are given after 10 years of full-time regular employment to Administrative/Professional and Staff employees, and thereafter at five year intervals. Selection brochures are distributed in February to those employees where the anniversary of their original date of hire (minus any time away from the University) falls within that calendar year. The awards are given to the Division Vice Presidents at the end of the fiscal year. Some Division Vice Presidents send the awards on to the next level for distribution (the Provost sends them to the Deans of the various schools). The Business and Finance Division presents their awards at the B&F luncheon in September. The Medical Campus usually has their presentation in October or November. Some of the School and Divisions have their presentations at their Holiday parties; others create a special occasion for the presentations.

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    A UM email mailbox will be deactivated upon an employee's separation or from lack of use exceeding 180 days.

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    Click here to view academic calendars with important dates, including first day of classes, breaks/recesses, last day to drop/add courses, etc.

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    Holiday schedules may vary depending on your Calendar ID, which may be determined by the campus you work on. Click here to view the holiday calendars.

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    As a general rule, alcoholic beverages cannot be served at UM-sponsored functions. Exceptions must be approved in advance and in writing by the Vice President for Business Services.

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    The required form is the BERF (Business Expense Reimbursement Form), which needs to be submitted along with the phone bill. For more information, contact Accounts Payable at (305) 284-2287.

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    An employee experiencing conflicts with a supervisor may contact Equality Administration or Human Resources.

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    Click here for more information on the Public Transportation Program.

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    An alternative work schedule is a benefit provided to all University employees. It gives employees the option to schedule work hours and/or reduce working hours during the week to fit their lifestyles. An alternative work schedule request is initiated by the employee and approved by the employee's supervisor and/or department head. Click here for more information.

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    Employees need to go to myUM to see their benefits.

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    Click here for more information regarding employees' education benefits.

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    Benefits such as vacation and sick time, health and dental insurance, tuition remission, and others are generally provided to full-time or part-time regular employees as appropriate. Temporary pool employees are not eligible for these benefits. Temporary pool employees enjoy the convenience of being part of a database of employees that is easily reassigned to another temporary assignment based upon the employees' qualifications and skills.

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    You must contact the appropriate Central Office to obtain this document.

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    Bereavement may be granted to eligible employees for a maximum of three consecutive working days following the death of a member of the immediate family. An immediate family member includes spouse, child, parent, step-parent, parent-in-law, brother, sister, brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandchild, grandparent, grandparent of spouse, legal guardian, foster child, or domestic partner. Administrative Leave time is used for bereavement.
    Please refer to the appropriate Leave of Absence Policy for more information.

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    This is a list of who to contact if your department name is not valid:
  • myUM: IT (Robert Burns)
  • DHRS UM Address Function: IT (Robert Burns)
  • DHRS Documents (not address): Controller's Office (Caridad Sexton)
  • Phonebook: Controller's Office (Caridad Sexton)
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    The verification must be requested by the hiring department via the University of Miami Academic Credentials Evaluators. Once confirmation of degree is completed, the department must forward the verification via email to Maria L. Vicente in Human Resources.

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    The recruiter in the Employment Office.

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    The Records Office verifies the degree via the National Student Clearinghouse. If the educational institution does not participate in the National Student Clearinghouse, the verification is requested from First Advantage. If the degree was obtained from an international university, an evaluation from a United States accredited evaluator must be presented to Human Resources, or the Department must contact Nancy Ortiz at (305) 284-5871.

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    Employees' paycheck stubs will be available in myUM for 14 months after their separation of employment. Ex-employees will be able to view the last 18 months of paychecks.

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    Employees need to visit myUM to see their online paychecks. Click here for instructions.

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    To review their employee file, employees need to make an appointment with the Human Resources Director, Lisi Carreno at acarreno@miami.edu or (305) 284-6709. Human Resources will not provide employees with copies of any employment related documents found in their employee files.

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    Reemployment after more than 30 calendar days will be treated the same as other new hires in that classification with respect to waiting periods for benefits, sick and/or vacation accruals etc, except for rehires previously employed for at least 5 years (refer to the following policies: Vacation Time D080; Sick Time D060; Tuition Remission D070) and the period of separation, is less than the previous years of consecutive, regular employment. The policy to reinstate prior accrual rates apply only to those rehired after July 2003.

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    The accrual comp date entitlement date will be when the FR (100%FTE) employment began.

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