Policy 100.10 - Transfer of Overseas Employees

  This Replaces
File: 100.10 100.10
Date: 10/14/13 3/13/13


ORIGINATOR: Provost and Senior Vice President for Academic Affairs

SUBJECT: Transfer of Overseas Employees

  1. Purpose
    1. Since the end of WWII, UMUC has served the US forces in Europe and Asia under contracts with the Department of Defense. UMUC has developed a strong cadre of respected and dedicated staff and faculty living in Europe and Asia, who for many years have been committed to serving the US forces.
    2. As the US military presence in Europe and Asia changes in the strength and location of forces, UMUC will facilitate the transfer of UMUC Overseas staff and faculty to positions with UMUC Adelphi when there are positions posted and when the employee is eligible, in accordance with this Policy.
  2. Scope
    This policy applies to overseas staff and faculty employed by UMUC Europe or UMUC Asia (collectively referred to as Overseas staff or faculty), for one year following the effective date of an involuntary separation from Overseas service for any reason other than termination for cause.
  3. Policy
    1. General
      UMUC Adelphi shall ensure postings of positions with UMUC Adelphi for both staff and faculty are accessible to all UMUC Overseas staff and faculty through an appropriate page on Engage.
    2. Instructional Faculty Positions
      A UMUC Overseas staff or faculty member interested in an instructional faculty position posted for UMUC Adelphi, should respond to the posting according to its terms.
      1. Overseas collegiate faculty will have preference for positions for instructional collegiate faculty positions posted for UMUC-Adelphi when eligible. In order to be eligible for this preference, the overseas collegiate faculty member must:
        1. Respond to the posting;
        2. Hold an advanced degree;
        3. Live or have plans to move stateside and be local to UMUC in Adelphi if any face to face teaching is required;
        4. Be cleared by overseas to teach the courses required for the position; and
        5. Have been recommended for the position by the Senior Vice President for the Overseas Divisions or Associate Dean.
      2. Overseas adjunct faculty members who wish to teach for UMUC-Adelphi can be included in the active pool of eligible adjunct faculty for those courses he/she is cleared to teach. Classes will be assigned on an if/when needed basis, on equal priority with other members of the pool. In order to be placed in this pool, adjunct faculty must:
        1. Notify his/her supervisor of his/her interest to teach for UMUC Adelphi;
        2. Hold an advanced degree; and
        3. Have a written recommendation from his/her current supervisor.
      3. Overseas faculty seeking UMUC Adelphi positions may be competing for those positions with other UMUC faculty who may also be eligible for a preference as an internal hire.
    3. Staff and Administrative Faculty Positions
      1. When a UMUC Overseas applicant responds to a staff posting, Human Resources will ensure that managers are aware of the applicant's experience overseas so he/she can be afforded priority in the hiring process when appropriate.
      2. When a UMUC Overseas staff or faculty member has applied for a UMUC Adelphi staff or administrative faculty position, this information will be reported (including the result of the search) to the appropriate Executive Committee member who oversees the area where the position is open.
    4. When a UMUC Overseas staff or faculty member transfers to a UMUC Adelphi position as outlined in this Policy, the following conditions must be adhered to:
      1. The transfer will be viewed by UMUC as continued or reinstated employment, as applicable, for UMUC purposes in accordance with the then existing policies.
      2. Faculty members will retain their then current rank.
      3. The terms and conditions of employment will be those applicable to UMUC Adelphi and to the position into which the transfer is made, including the compensation range and salary assigned as established for the position as well as all local laws and applicable treaties. Moving expenses incident to a transfer to UMUC Adelphi will be compensated only if that benefit is otherwise available to the individual as part of his/her separation package or transportation agreement as negotiated by UMUC Europe or UMUC Asia and in accordance with UMUC's Policy 380.50 on Payment Candidate Travel and Moving Expenses.
      4. The transfer will be accomplished for faculty by a new appointment agreement and for staff by a new appointment letter.
      5. The staff and/or faculty member must reside or have plans to move stateside prior to starting the UMUC Adelphi position.
        1. Due to the applicability of local laws and international treaties, it may not be possible or practical for UMUC Adelphi to accommodate transfers when the UMUC Overseas employee is located outside of the United States.
        2. UMUC is a State of Maryland entity and generally operates under the laws of the State of Maryland. The laws of other jurisdictions may not be compatible, as to the impact on UMUC, with the law under which UMUC generally operates. In considering the location of an employee desiring to transfer to UMUC Adelphi, UMUC must consider the effect that local law may have on UMUC and its operations.
        3. In implementing this Policy, any transfer will be determined on a case-by-case basis by UMUC Adelphi giving weight to the effect on UMUC as well as the desires of the employee. In most cases, transfer to a full-time position with UMUC Adelphi will require relocation to the United States.
  4. Exceptions
    1. For faculty positions, exceptions to this Policy may be made with the approval of the Provost, or designee.
    2. For staff positions, exceptions to this Policy may be made with the approval of Chief Business Officer, or designee.
  5. Appeal Process
    Overseas employees who believe that this Policy has not been followed for them may file a grievance under the applicable policy.