EHRA Waivers of Recruitment Procedure

University Procedure

Title

University of North Carolina at Chapel Hill Procedure for EHRA Waivers of Recruitment

Introduction

Purpose

The purpose of this Procedure is to outline the requirements and process for requesting waivers in the EHRA recruitment process.

Scope

This Procedure applies to requests to waive the competitive search process for EHRA positions.

This Procedure is intended to comply with current federal and state law. While the University will make good faith efforts to update this Procedure to reflect any legal changes, in the event any provision of this Procedure conflicts with applicable law, the law will supersede such provision.

Procedure

A waiver is an exception to the formal recruitment requirements and must only be used when the requesting unit has a demonstrable need to hire outside of the competitive, open recruitment process. Waivers are considered and approved when the absence of an open search does not impact equity, and the request meets one of the requirements in this Procedure. The Equal Opportunity and Compliance Office (“EOC”) and EHRA Human Resources unit in the Office of Human Resources (“OHR”) oversee the EHRA waiver process. The requesting unit must demonstrate that their request meets the requirements for the selected waiver category.

I. Types of Waivers

There are three types of waivers:

  • Administrative,
  • Official Training or Professional Development, and
  • Special Circumstances.

A. Administrative Waivers

Administrative waivers must fit into one of the following eleven categories:

  1. Emergency Appointment: A waiver to fill an unanticipated vacancy resulting from an unforeseen circumstance, including an employee’s death, medical incapacitation, or immediate resignation or the widespread outbreak of a serious communicable disease or other public safety emergency.

    Permanent emergency appointments may be made via waiver only when there is no current employee who can fill the vacancy on an interim basis pending a formal recruitment process. The requesting unit must submit documentation of the circumstance causing the vacancy, an attestation that there is no current employee who can fill the vacancy on an interim basis, and, in the case of an immediate resignation, an attestation from the head of the requesting unit that the resignation was unforeseen.
  2. Employment Pursuant to Grants: A waiver to hire an individual who is identified as a principal investigator or co-principal investigator in a grant application and who is a University postdoctoral research associate, clinical fellow, or other similar title at the time of the submission of the grant application. The waiver candidate may be waived only into a non-tenure track EHRA position, and employment must be conditioned on successful award of the grant application and limited to the duration of the grant. The requesting unit must certify that the submission of the grant application and the proposed employment are based on the academic merits of the grant application and not on any impermissible considerations.
  3. Identified through Prior Search: A waiver to hire a candidate identified through an open recruitment conducted within the past six months for an opening in the same or similar job title.
  4. Intent to Pay: A waiver to transfer an individual hired without compensation by the University to the same position as a University-paid appointment.
  5. International Rehire: A waiver to rehire a current or former employee requiring sponsorship whose relevant credentials (e.g., visa) expired or will expire, requiring the employee's employment to end before renewal of the relevant credential.
  6. Limited Search Pool: A waiver to hire a qualified candidate identified through a formal recruitment process for the position when the search would otherwise be failed due to lack of the required number of qualified candidates to complete the formal search process. The requesting unit must submit a copy of the original job posting and a list of recruitment efforts made.
  7. National Matching Process: A waiver to hire a candidate selected through a national matching process in which the opportunity is competitive but facilitated outside of the standard applicant tracking system. The requesting unit must submit a description of the national match program and include documentation related to its standardized use across the discipline or industry.
  8. Reassignment as an Accommodation: A waiver to transfer a qualified current employee to an open position as an accommodation approved by the University’s Americans with Disabilities Act (ADA) Coordinator or designee.  The requesting unit must submit documentation demonstrating the approval for reassignment to the specific position.
  9. Retiree Returning to Same Unit: A waiver to rehire a retired employee who has ceased all active employment with the University and is being rehired into the same unit as an adjunct faculty member or other temporary, part-time employee performing duties comparable to their prior duties.
  10. Spousal/Partner Hire: A waiver to hire a qualified spouse of a successfully recruited candidate, where the timing of the negotiations with the successfully recruited candidate requires the immediate ability to respond to the candidacy of the spouse for the position in question. Eligibility for the Spousal and Partner Hiring Program is managed by the Office of Faculty Affairs. To be considered for a spousal/partner hire waiver, the requesting unit must have a signed memorandum of understanding from the Office of the Provost if funding is required. If the requesting unit has sufficient funding, this must be noted in the waiver.  More information about the Spousal and Partner Hiring Program can be found on the Office of Faculty Affairs website.
  11. Other Administrative Waiver: A waiver to hire a candidate outside the formal recruitment process for other administrative reasons with supporting documentation.

B. Official Training or Professional Development Program Waivers

Waivers may be granted for employment following completion of one of the following competitive official training or professional development programs. The requesting unit must demonstrate that the candidate was selected for the graduate or fellowship program through a competitive process, that the candidate completed or will complete the program prior to beginning employment, and that the waiver request is for waiver into the identified position type. Completion of one of the identified programs does not guarantee permanent employment, and waivers should not be requested for all candidates completing one of the identified programs.

  1. University Graduate Student: A waiver to hire a graduate student into a postdoctoral position. The waiver candidate must have completed their PhD with the University within the current academic term. The waiver candidate may be waived only into a Short-Term Postdoctoral Position in the academic discipline in which they completed their graduate training.
  2. University Postdoctoral Fellow: A waiver to hire a postdoctoral fellow into a Research Associate position. The waiver candidate may be waived only into a Research Associate position in the discipline in which the candidate trained during their postdoctoral fellowship. The waiver candidate must have completed five years as a University Postdoctoral Fellow. Candidates who have completed less than five years may be considered for a waiver only if compelling justification for an earlier waiver is provided. Such justification may include meeting the criteria established for one or more of the Administrative or Special Circumstances waivers outlined in this Procedure. In these cases, HR Representatives must provide additional information to support the compelling justification.

C. Special Circumstances Waivers

Waivers may be granted in rare circumstances when warranted either because of the particular needs of the position and/or the unique skillset of the candidate. Determinations on waivers requested for special circumstances may be made by a committee consisting of representatives from the Office of the Provost, OHR, and the EOC, as appropriate for the particular waiver request.

The requesting unit must demonstrate at least one of the following or other comparable circumstances justifying a special circumstances waiver:

  1. Difficulty Recruiting: A request to waive the competitive search process due to difficulty recruiting for the position. The requesting unit must show that the location, type, or responsibilities of the job makes recruiting difficult. This should be demonstrated by information about previous efforts, such as the number of current vacancies and length of those vacancies, the number of positions previously opened for recruitment for which recruitment difficulty existed, the length of time needed for prior recruitments, and/or the number of prior failed recruitments.
  2. Unreasonable Burden: A request to waive the competitive search process due to the unreasonable burden an open recruitment would cause. The requesting unit must show that its staffing needs are such that conducting an open recruitment would put an unreasonable burden on the business operations of the unit. This should be demonstrated by information indicating a high number of open vacancies and/or recent search processes in the unit, limited staff resources to conduct additional search processes, and a measurable negative impact on the operations of the unit due to search processes. The requesting unit must also provide sufficient justification for requesting a waiver for the specific position identified as compared to other open positions. The most common scenario for this justification is when the waiver candidate is a qualified internal candidate, particularly when the waiver would improve employee retention or when the unit can demonstrate that the length of time required to onboard an alternative candidate would be detrimental to the functioning of the unit or the University.
  3. Specialized Position: A request to waive the competitive search process due to the specialization of the position.  The requesting unit must show that the requirements of the position are sufficiently specialized that they can be filled by only a limited number of candidates, all of whom are professionally renowned in their specialty. The requesting unit must demonstrate that it is commonly accepted that there are only a few people who have the necessary credentials and that the waiver candidate is commonly accepted to have those credentials, as documented by external sources.
  4. Specialized Candidate: A request to waive the competitive search process due to a candidate with highly specialized skills. The requesting unit must show that the waiver candidate has such specialized skills or is so noted in their discipline as to provide a reasonable presumption that the individual would be one of the top candidates in an open search. This should be demonstrated by information indicating that: the candidate is an internationally recognized leader in a particular field (e.g., a Nobel Laureate or a Pulitzer Prize winner) and/or is a recognized leader in a new and important field of inquiry, as documented by external sources, or by other comparable information documented or verified by external sources. In limited circumstances, this may be demonstrated by information indicating the position requires and the candidate has such a level of institutional knowledge that there is a reasonable presumption that the waiver candidate would be able to immediately assume the duties of the position without detriment to the functioning of the unit.
  5. Converting Interim to Permanent: A request to waive the competitive search process due to a qualified employee serving in the role on an interim basis.  The requesting unit may use this waiver reason to make an employee in an interim role permanent in the same position if the unit can demonstrate the following:
    1. the candidate has successfully served in the interim role for a minimum of six months;
    2. the candidate is in good standing with the University;
    3. the unit has considered maintenance of equity in the unit;
    4. the unit can demonstrate that the length of time required to onboard an alternative candidate would be detrimental to the functioning of the unit or the University;
    5. the waiver would improve employee retention; and
    6. absent extenuating circumstances, the candidate has not previously been waived from interim to permanent.

II. Submitting a Waiver Request

All waiver requests must be completed in PeopleAdmin before making an offer to a prospective candidate. The Waiver Justification Letter must identify the specific waiver reason being used under this Procedure, must directly address each element of that waiver reason, and must link to or provide applicable external information where required.  Waivers that do not contain all the required information may be returned to the unit without consideration.

To submit a waiver request in PeopleAdmin, the requesting unit HR Representative must:

  1. Log into PeopleAdmin;
  2. Navigate to the applicable posting section;
  3. Create a new posting using an existing position number;
  4. Complete the required fields in the “Posting Information” section;
  5. Proceed to the “Waiver Information” section and select “yes” for the question “Is a posting waiver requested for this position?”;
  6. Complete the Waiver Information section.
  7. Navigate to the Posting Specific Documents section and attach the following:
    • Waiver Justification Letter;
    • Waiver Candidate CV/Resume; and
    • For spousal/partner hires, signed MOU from Office of the Provost (if applicable).
  8. Navigate to the Summary section, select “Take action on posting”, and submit the waiver request for approvals.

The waiver request will route to the School/Division approver and, if approved, the EOC. The EOC will review the request and either approve or deny. If denied, the EOC will return the waiver to the unit with the reason for denial. If the EOC approves the waiver request, the waiver request will route to the OHR EHRA Human Resources unit for final review.

If the EHRA HR unit grants final approval, the waiver request will be modified in PeopleAdmin to “Approve Waiver, Extend Offer”. The requesting unit may then extend a contingent offer to the waiver candidate.  

Requesting unit HR Representatives must comply with all other recruiting requirements as outlined in the Recruitment and Hiring for EHRA Permanent Employment Policy.

Related Requirements

University Policies, Standards, and Procedures

Contact Information

Office: Office of Human Resources, EHRA Human Resources unit

Email: ehranf@unc.edu

 

Office: Equal Opportunity and Compliance Office

Email: accommodations@unc.edu

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