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Contract Administration

3.1 Types of Appointments

3.1.1 Permanent Appointment
For purposes of these rules, an Employee’s status with the College is defined as a “Permanent Appointment” if the position to which he or she is appointed is a Permanent Position, and if the Employee has satisfactorily completed the probationary period. Prior to completing the probationary period, the Employee’s status with the College is defined as a “Probationary Appointment”. Successful completion of the probationary period and/or achieving or holding the status of Permanent Appointment does not modify the terms of the Employee’s individual employment contract. Employment may still be terminated as set forth in the Employee’s individual employment contract and/or in accordance with the rules and procedures set forth in this Handbook.

3.1.2 Limited Term (Temporary) Appointment
A “Limited Term (Temporary) Appointment” may be made to fill a Temporary Position or to fill a temporary vacancy in a Permanent Position. This includes Contingency Appointments, Special Contracts, Casual Labor Contracts and Adjunct Faculty Contracts. An Employee appointed on an Adjunct, Special and/or Casual Labor Contract basis to fill a Temporary Position is not entitled to the College’s normal employment benefits. An Employee appointed on a Contingency contract to fill a temporary vacancy in a Permanent Position or a Temporary position shall receive the College’s normal employment benefits.

The conditions set forth below govern Limited-Term (Temporary) Appointments:

A “Limited-Term (Temporary) Appointment” is for a specified duration, but not to exceed a total of one (1) year.
An Employee on a “Limited-Term (Temporary) Appointment” may have employment terminated at any time prior to the end of the one-year period, or at any time and for any reason prior to the duration specified in the employment contract.
A “Limited-Term (Temporary) Appointment” terminates automatically at the expiration of the one-year period even if the appointing authority has not initiated termination action.
Employment time served under “Limited-Term (Temporary) Appointment” does not accrue as service credit under permanent employment status, except as stated in 3.3.1a. Types of Probation.
Appointments made on a limited-term (Temporary) basis shall be governed by the College’s employment policies.
A current College Employee in a Permanent Position who has accepted limited-term (Temporary) appointment shall, upon termination of the limited-term appointment, and if mutually agreed to in writing prior to the limited-term appointment is effective, be entitled to reinstatement to the Permanent Position formerly held with pay and seniority adjusted according to his or her length of service.

3.1.3 Contingency Appointment
The President shall have the power to make contingency appointments to fill vacant positions in the absence of an acceptable candidate or to fill a temporary vacancy in a permanent position. The person receiving the contingency appointment must meet minimum qualification requirements. If the contingency appointment is made to fill a Permanent Position, advertising for acceptable candidates shall begin as soon as possible. If the position is critical to the effective functioning of the College, the President may extend the contingency appointment pending the hiring and arrival of the individual selected to fill that position. Contingency appointments may be converted to Permanent Appointments if the incumbent is chosen through an approved search process. Contingency appointments may be terminated at any time at the pleasure of the President.

3.2 Contracts

3.2.1 Types of Contracts
The College may enter into any of the following types of contracts with its Employees:

  1. Employment Contract. Under an Employment Contract, the Employee receives an appointment to a specific position which creates an employer-employee relationship between the College and that Employee. The Employee and the conditions of his or her employment are governed by the terms described in Employee’s individual employment contract and this Human Resources Policy and Procedure Handbook.
  2. Personal Services and Adjunct Contracts. Under Personal Services and Adjunct Contracts, the College enters into agreement with an individual who, according to the terms of the contract, provides a service or services to the College. The contract is the sole document articulating the entire agreement between the College and the individual named in the contract; the contract contains all terms and conditions of that agreement. A personal services contract is subject to the following conditions and limitations:
    1. The Services to be performed are of a short-term nature, usually less than one year, inappropriate for the issuance of a permanent employment contract and the College is unable to find a qualified and willing person to perform those services from among its current Employees.
    2. The College requires the short term services of professionals and/or specialists whose expertise is unobtainable from among current College Employees.
    3. The College requires expert consultation services at the time unavailable from within the College, and those services are intermittent, temporary or otherwise inappropriate for full-time employment.
    4. A Personal Services contract shall not be used as a substitute for hiring permanent Employees.
  3. Temporary, Part-Time Contracts A Temporary, Part-Time position requiring the services of a locally available professional or other unusual expertise may be filled within budgetary limits by the appropriate Dean or Department head. Such positions need not be advertised, for the sake of expediency, provided they are clearly of a temporary, part-time nature and provided they have the approval of the Director of Human Resources, Chief Financial Officer and the President.
  4. Grant Funded Contracts
    1. General Policy
      All College Human Resources policies are in effect for Employees hired with grant funds except for terms and conditions required by the grant award or by grant sponsors’ regulations that may differ. Employee contract for grant-funded positions should follow standard College policies as closely as possible when grants allow for local terms of employment.
    2. Grant Funded Employment
      1. Employment Duration. The duration of employment contracts may be concurrent with grants that have funding up to three years. For grant programs that have periods of funding longer than 3 years or that are continually funded, the duration and renewal of employment contracts will be the same as College policy. Programs that are refunded by new grant applications will require new employment contracts to be made for the new funding cycle.
      2. Approval. The source(s) of a grant Employee’s salary should be clearly defined in the Employee contract, particularly if it comes from more than one source. For non-reimbursable grants, adequate funding should be received by the College Business Office before the Employee begins his/her contract at the College and/or receives reimbursement for any contractual benefits. All grant documents must be approved and signed prior to the commencement of employment of a grant funded Employee.
      3. Evaluation. Employees of grant funded programs are subject to the same review processes as regular College Employees. Grant Directors and other Administrators will be evaluated using College administrative/ management evaluation forms.
      4. Salary. Annual salary increases and renewal benefits will not be awarded to the Employee unless provided for by the grant.
      5. Benefits. An Employee in a full time grant funded position is entitled to the College’s normal employment benefits.
      6. Transfer from Grant Funded Position to College Funded Position. Grant-funded employees wishing to apply for a regularly funded position within the College must go through the necessary application process including the submission of application materials and interview if required.

3.2.2 Contract Signatures
No Employee shall begin work under an initial contract unless that contract is signed both by the Employee and by the College’s authorized representative. In the case of off-island hires, new Employees shall receive at the very least a facsimile or an electronic scanned copy of the original contract signed by an authorized College representative.

3.3 Probationary Period and Status

3.3.1 Types of Probation

  1. Initial Hire. Every new Employee with a permanent appointment shall serve a probationary period of six (6) months and this may be extended for up to a maximum period of six (6) months during the first twelve (12) months of the initial appointment. Employees who have worked on a limited-term (Temporary) appointment basis at the College accrue all their limited-term (Temporary) work experience toward the probationary period when given Permanent status in the same position, providing the Permanent appointment immediately follows the limited-term (Temporary) appointment.
    1. Evaluations During Initial Employment Probationary Period. This first six months of employment is a period of probationary employment and is called the Initial Probationary Period. Every new employee will be evaluated twice in during their initial probationary period.
      1. Faculty Employees. At the beginning of the Initial Probationary Period the department chair will meet with the new faculty member to establish and assign performance goals.
        1. The first evaluation will take place not later than the end of the mid semester during the Initial Probationary Period of employment and will be based on an assessment of goals attained during the first half of the academic semester. The faculty member will receive a second evaluation at the end of the first semester of employment. The second evaluation report will be made no later than one (1) month prior to after the end of the first semester of employment.
        2. The second evaluation shall recommend continuance of the faculty in the service of the College or an extension of the probation or, if the faculty receives a rating less than satisfactory, dismissal from service.
      2. Technical and Support Staff Employees. At the beginning of the Initial Probationary Period the new employee’s supervisor will establish and assign performance goals for the first six months of employment. Technical and Support Staff employees will be evaluated twice during the probationary period to assess progress in goal attainment. The first evaluation shall take place at the end of the first three months of employment. The second evaluation will be made no later than one (1) month prior to the expiration of the Initial Probationary Period in the first year of employment. The second evaluation shall recommend continuance of the employee in the service of the College or, if the employee receives a rating less than satisfactory, dismissal from service.
      3. Management and Professional Employees. At the beginning of the Initial Probationary Period the department head and/or Administrator will meet with the new employee to establish and assign performance goals.
        1. Employees on a six- month initial probationary period shall be evaluated after three months and within one month after end of their six- month employment and will be based on an assessment of goals attained during the first six months. The second evaluation report will be made no later than one (1) month after the end of the first six months of employment.
        2. The second evaluation shall recommend continuance of the employee in the service of the College or, if the employee receives a rating less than satisfactory, dismissal from service.
    2. Unsatisfactory Service During Probation. In the event the employee does not meet job requirements and/or performance standards during the promotion/transfer probationary period, the supervisor will issue a performance improvement memorandum) as early in the probationary period as possible that contains the following:
      1. Specific nature of the problem(s), including specific examples.
      2. Extend the probationary period with corrective action(s) required, including the specific and reasonable standards related to the problems.
      3. Notice that failure to remedy the performance problems will result in termination of employment on or before the end of the promotion/transfer probationary period.

      At any time during the Initial Probationary Period the employment contract of the new Employee may be immediately terminated by the appointing authority for reasons given to the Employee in writing.

  2. Probation Subsequent to Promotion, Lateral Reassignment, or Demotion.
    Any Employee who is promoted shall serve a probationary period of three (3) months in the new position; the probationary period begins on the effective date of the promotion. (See further Chapter 5.3.10 Promotion). Any Employee who is reassigned laterally or demoted shall serve a probationary period of six (6) months in the new position; the probationary period begins on the effective date of the action.
  3. Time in Position Requirement.
    An employee must satisfactorily complete the applicable probationary period as a time in position requirement prior to seeking employment in another department.
    Exceptions to this time in position requirement on seeking other College employment may be made for the convenience of the College as determined by the Vice President for Business Affairs and Administration (or designee) upon written request by the requesting department head. Time served in the former position does not apply to a new position. If, at the time of the promotion/transfer, the employee is in the initial probation period, the employee will serve a full initial probation period in the new position; or is in a promotion/transfer probation period, the employee will serve a full promotion/transfer probation in the new position.

3.4 Initial Contracts

3.4.1 Initial Contract Duration
The standard initial contract is three years, however, the College may offer its Employees initial employment contracts of up to four (4) years.

3.4.2 Benefits and Incentives
Benefits. The College’s employee benefit package(See Chapter Six for Benefit details) includes:

  1. Health Benefits.
  2. Life and Accidental Death and Dismemberment (AD&D) Insurance.
  3. Short Term Disability Insurance.
  4. Long Term Disability Insurance.
  5. Leave Days. (See: Employee Leave for details of leave benefits)
  6. Professional Development.
  7. Tuition Reimbursement.
  8. Liability Insurance.
  9. Worker’s Compensation.

3.5 Contract Renewal

3.5.1 Renewal Intention of Employee
Unless notified otherwise by the Employee, it shall be assumed by the College that it is the intention of the Employee to accept a renewal contract, if offered by the College.

3.5.2 Renewal Duration
The College may offer its Employees renewal contracts of up to four (4) years.

3.5.3 Limitations and Exceptions
Non-Renewal of Contract. Except as otherwise provided in these policies, employment contracts of permanent full-time Employees may be non-renewed or not extended without cause and without any reason or reasons being given for such action, and the appeal provisions of Chapter 4.6 Grievance Resolution Policies and Procedures shall not apply. The notice to such persons shall only be required to specify the date of the determination, the nature of the determination and the effective date. The fact that such an Employee’s contract has been renewed in the past shall not be deemed to create an expectation of continued employment beyond the contract expiration date, nor shall it create any protected property interest in employment beyond the contract expiration date.

3.6 Work Expectations

3.6.1 Hours of Work Policy for Non Faculty Employees
The College generally maintains a standard 40-hour workweek. The only exception to this standard is for Safety and Security Department staff whose workweek is 60 hours. This workweek begins on Sunday and ends on Saturday. Hours of work are set by individual departments to address their particular operational and service needs. Hours worked in the workweek include time Employees are required to be on duty, on the premises, or at any other required place of work.

  1. Guidelines
    Employees are encouraged to begin the workday on time at 8:00 am and to end the workday on time at 5:00 pm. Exceptions to these hours may be approved by the supervisor. If no exception is approved, the following guidelines apply: 
    1. 8:00 am to 8:15 am is considered “on time.”
    2. Arrival after 8:15 is considered “late.” The electronic time clock will indicate the exact number of hours worked.
  2. Annual and Sick Leave Accrual
    1. Employees working a 40 hour workweek. No Annual or Sick Leave accrues for pay periods in which an Employee works fewer than 72 hours (in a two-week pay period) without approval of the appropriate supervisor.
    2. Employees working a 60 hour workweek. No Annual or Sick Leave accrues for pay periods in which an Employee works fewer than 105 hours (in a two-week pay period) without approval of the appropriate supervisor.

This provision does not apply to Employees whose contracts or schedules stipulate less than 70 hours per pay period. In these cases, no Annual Leave or Sick Leave accrues in which the Employee works fewer than the number of hours contracted or scheduled.

3.7 Political Activity

3.7.1 Service as an elected official on off-hour demand activities (e.g., school boards, atoll councils, local, or national commissions) would not normally require a reduced appointment or leave of absence. Each case should be reviewed by the appropriate administrative supervisor.

3.7.2 No employee may engage in political campaigning activities during his or her regularly scheduled college hours of work that take away from or diminish or interfere with his/her work duties. Further no employee may solicit or receive or be involved in soliciting or receiving any contribution or service for any political purpose from any employee of the college while on college time or engaged in his or her official duties as an employee.

3.7.3 If an employee chooses to run for political office, he or she, in consultation with the appropriate department chairman and dean, or director, should determine whether or not this activity will impair or encroach on performance of college duties. If it is determined that the activity will have an adverse effect one of the following should be arranged for the period of the election campaign:

  1. a reduced-time appointment, or
  2. a request for a leave of absence without pay for up to six months under provisions of HR Handbook 7.14.

3.7.4 An employee elected to the Nitijela or local government shall be deemed to have resigned from his/her employment with the college effective the date of the election to office.

3.7.5 By reference this policy incorporates Section 502 of the Prohibition of Political Activities by Aliens Act 1988 (43 MIRC Ch. 5), namely:

“No alien, non-citizen, or expatriate employed by the Government of the Marshall Islands, Local Government, or any other institution, organization, or individual shall take part in, contribute to or involve himself in any manner whatsoever in any political campaign or other political activities that affect, interfere with, or undermine the political rights and privileges of the citizens of the Republic of the Marshall Islands.”

3.8 Appropriate Dress

All Employees should dress in a manner that is consistent with a professional business environment. Employees must be culturally sensitive and avoid wearing revealing attire (such as shorts) in the classroom or workplace.

3.9 Rehire/Break in Service Policy

A regular full-time Employee who is laid off or who voluntarily resigns and is subsequently rehired into a full-time position may be eligible for reinstatement or for prior service credit, according to the eligibility criteria below.

An Employee who is terminated for cause (See HR Handbook, 9.2 for a definition of cause) will not be eligible for re-employment.

“Reinstatement” means that the Employee’s original hire date is retained, as if there had been no break in service and the Employee’s years of service is based on continuous service from the original date. This date applies to eligibility for all benefits including vacation, sick pay, severance, seniority awards and medical insurance (RMI Supplemental) coverage and benefits.

“Prior Service Credit” means that Employee’s prior period of employment is added to the current period, but the break period is not counted as part of total service credit. The Employee’s total service credit is used to determine eligibility for all benefits including vacation, sick pay, severance, seniority awards and medical insurance (RMI Supplemental) coverage and benefits.

  1. Eligibility Criteria:
    1. The break in service cannot be greater than 36 months in order for any prior service to be granted.
    2. The Employee must have been a continuous, full-time regular Employee for a minimum of one year during the prior period of employment in order that the period to count for reinstatement or prior service credit.
    3. The Employee must be a full-time regular Employee during the current period of employment.
    4. The prior employment period must have ended due to layoff (job abolishment) or voluntary resignation at the end of the employee’s employment contract.
    5. The period of the break in service cannot exceed the period of prior employment.
    6. Reinstatement or prior service credit may only be granted once to an individual in cases other than layoff.
  2. Layoff
    If rehired within six months of layoff, the Employee’s original date of hire is reinstated. If the Employee is not rehired into the same job as previously held, benefits will be reinstated upon rehire but there will be a new probationary period for performance review purposes.
  3. Voluntary Resignation
    If rehired within 60 days of resignation, all prior service plus the period of absence are restored and the original hire date is reinstated. If the Employee is not rehired into the same job previously held, benefits will be reinstated upon rehire but there will be a new probationary period for purposes of performance review.

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