Human Resources 101 - Hr.ifas.ufl.edu

Human Resources 101A Practical Guide to Fair & Legal SupervisionKevin Clarke, Ed.D.Associate DirectorHuman Resource Serviceskevin-clarke@ufl.edu

Housekeeping Restroom locationsCell phones to vibrateBreak about half way through

Getting to Know You Work with a partner—see page 2 What are your two most important jobresponsibilities?What are your personal goals for this session?

What is HR Management? The function performed in organizations thatfacilitates the most effective use of people(employees) to achieve organizational andindividual goals

Training Goals Identify the basic legal responsibilities of asupervisorReview UF policiesList the progressive steps in the UFdisciplinary process

EEO LawsHow EEO Laws Affect Employment Decisions

It’s Illegal to MakeEmployment Decisions Based on: AgeRaceColorReligionPregnancyVeteran status SexDisabilityNational originMarital statusUF policy addssexual orientation

EEO Laws Affect AllEmployment Practices HiringPromotingTrainingDiscipliningProviding benefitsFiring

The Goal of Hiring Select the person most qualified to . . . Perform the job’s essential functionsContribute to the organization’s success

Nondiscriminatory Hiring Practices Focus on the job’s key tasks andresponsibilitiesAvoid trying to “read between the lines” whenreviewing applications or resumes

It’s Illegal to . . . Refuse to hire based on sex, age, race, etc.Make employment decisions based onappearance, accent, religion or ethnicbackgroundDiscriminate based on citizenship status

It’s Illegal to . . . Make employment decisions based on awoman’s current or potential future pregnancyPay women less than men for the same jobReject a qualified disabled candidate for a jobbased solely on the person’s disability

Focus Interview Questions on . . . The skills and abilities required by the jobThe applicant’s qualifications for the job

Avoid Discriminatory Questions “How old are you?”“When were you born?”“Is English your native language?”“Are you planning to have children?”“Do you have any serious health problems orrestrictions?”

Fair Labor Standards Act

What is the FLSA? Defines and controls: Minimum wagesTraining wagesOvertime hours and ratesRegulates: Child laborEqual pay for both sexes

Two Types of EmployeesNon-exempt vs. Exempt

USPS and TEAMS Employees Non-Exempt Hourly rate of payWeekly punch or time cardExempt Annual rate of payUSPS employees complete weekly elapsed (toearn special/regular compensatory leave)

Non-Exempt Employees Work over 40 hours in the workweek Overtime pay Cash payment1½ times hourly wageCompensatory leave Earned at “time and a half”120-hour limit

Exempt USPS Employees Work over 40 hours in the workweek Eligible for regular compensatory leaveHour-for-hour basis120-hour limitNo cash valueSpecial comp also provided in the event of workon holidays, etc.

Americans with Disabilities Act

Gives Disabled People Equal Access to JobOpportunities HiringFiringPromotingBenefitsTraining

Disabled Individuals Have Equal JobOpportunities When: They meet a job’s legitimate requirements forskill, experience, etc.They can perform a job’s essential functionswith or without reasonable accommodations

Emphasize Ability Base all employment decisions on anemployee’s ability to perform essential jobfunctionsDon’t make assumptions about what a personcan or cannot do

Reasonable Accommodations Rearranging the office environmentAcquiring or modifying equipmentProviding qualified readers or interpreters

Family and Medical Leave Act

What is the FMLA? Federal law designed to protect employeeswhen leave is required due to: Serious medical situations/ serious healthcondition of employee, parent, spouse, or childBirth or adoption of a childFoster careMilitary provision: “Qualifying exigency” arisingout of employee, parent, spouse, or child’s activeduty status

In order to qualify: Employee must be employed for one yearAND worked a minimum of 1250 hoursduring that yearFull-time employees: 12 workweeks, or 480 hours, per fiscal year (notper incident), from when FMLA leave beginsPart-time employees Time off is prorated (ex. .50 FTE 240 hours)

FMLA Leave Options Complete absence Sporadic/intermittent absence Continuous/ongoing leaveLeave taken in separate periods (medicalappointments, physical therapy, medical episodes)Reduced work schedule Reduction in working hours per workweek for aspecific period of time

Under the FMLA . . . Departments must approve leave forqualifying events unless the employee hasalready used the FMLA entitlement for theyearDoctor determines if medical conditionqualifies for FMLA and its parameters withCertification of Healthcare Provider formAccurate record keeping is essential to keeptrack of entitlement

Employee’s Rights while on FMLA FMLA is an entitlement provided by lawRight to return to same or equivalent position,with same pay, benefits, and responsibilitiesFMLA designated absences cannot beconsidered when making promotional or meritdecisions, or writing evaluationsEmployees cannot be disciplined or rateddown on attendance if out due to FMLAoccurence

Employee Rights (continued) An employee may have multiple FMLAqualifying events at the same time and/or inthe same fiscal year (July 1-June 30)Employee must be allowed to use EITHERsick or vacation leave for qualifying conditionabsences (no comp time)

FMLA Entitlement Year Full-time employees: 12 workweeks, or 480 hours, from when FMLAleave beginsPart-time employees FMLA entitlementTime off is prorated

UF Extensions Parental leave UF policy grants 6 monthsSupervisors must approve 6 months for parentalleave even though the FMLA only requires 12weeks

UF Extensions Medical For self or immediate familyPossible extension of leave beyond 12workweeks

UF Extensions FMLA-qualifying Employee, parent, spouse, childImmediate family Spouse, domestic partner, great-grandparents,grandparents, parents, brothers, sisters, children,and grandchildren of employee and spouse ordomestic partner“Step” relations are also included

University of Florida Policieswww.hr.ufl.edu/handbook

UF Zero Tolerance PoliciesDrug-Free WorkplaceSexual HarassmentWorkplace Violence

Drug-Free WorkplaceThe University of Florida is committed toproviding a campus environment free of theabuse of alcohol and the illegal use of alcoholand other drugs

Violation of the Policy Grounds for disciplinary action up to andincluding terminationMay be reason for evaluation and treatmentfor substance abuse referral or prosecution

Signs and Symptoms of Drug and/orAlcohol Abuse Job changingWork qualityHygieneAbsenteeismAccidents Mood changesProductivityWork areaTheft

What You Can Do Use normal performance monitoring andcorrective action procedures when dealingwith these indicatorsAllow employees to explain and improveDocument each conversation

What You Can Do Make it clear that the employee must decidewhether he/she needs helpRefer employees to the Employee AssistanceProgram (EAP)

How Can EAP Help? By offering professional and confidentialcounseling to UF employees who haveconcerns about: Workplace conflictAlcoholism or drug misuseHealth or financial difficultiesRelationships or family concernsOther worries

Sexual Harassment

Sexual Harassment Unwelcome sexual conduct Quid pro quoHostile work environmentIllegal under the Civil Rights Act, Title VIIIs defined by the actions result, not the intent

Supervisory ResponsibilitiesInclude, but are not limited to Set an example for appropriate behavior in theworkplace Support and enforce the UF sexualharassment policy Take immediate action in sexual harassmentsituations

Reporting Sexual Harassment UF supervisors are required to reportallegations Kim Baxley, Director for EEO andAdministration, 392-1075Employee Relations,392-1072

Zero Tolerance Sexual harassmentFalse complaints of sexual harassmentRetaliation against anyone who makes asexual harassment complaint

Workplace ViolenceIt is an essential goal of the University ofFlorida to maintain a safe and comfortableworkplace and academic setting

Workplace Violence Violent actsThreats (direct or implied)Unlawful harassmentVerbal or physical abuseStalkingIntimidation

Prevention Pre-employment screening Verify education and work historyCriminal background checksObserve early warning signsTake all threats seriously

Reporting Immediate threats On campus, call UPD at 392-1111Off campus, call local law enforcement or 911Behavioral concerns Faculty and Staff, call the IFAS HR office at(352) 392-4777Students, call IFAS HR office who will consultwith you and the college the student is associatedwith

Performance AppraisalsUF’s performance appraisal system is designedto improve communication betweensupervisors and employees

Performance Appraisal Assessment of employee’s: Ability to fulfill responsibilitiesAbility to meet behavioral and conduct standardsImportance of accurate appraisals: merit, layoff,etcThe pro-active response tobehavior discrepancies!

Appraisals (continued) Should be written in FebruaryShould be issued in March Schedule in middle of the monthEmployee must sign and date in MarchSend to HRAssess all year long with mini-meetings inorder to ensure evaluations are a completeassessment (monthly? quarterly?)

Practice Good DisciplineFair, consistent, legal

Discipline Process at UFUF encourages all staff members to contributeto a positive and productive work environment.With this in mind, the university has establishedperformance standards

Why Discipline? Correct and improve, not punishProtect employees and employers Safety rules“Zero tolerance” policiesWork standards

Resources Contact Employee Relations office to discussany issues you think are progressing todisciplineNo issue is too “dumb” or insignificant to callfor. We are here to help you.Document, document, document.Understand that it will be a thorough andspecific process

Categories for Discipline AttendanceMisconductPerformance (TEAMS)Negligence/IncompetenceMedical

Progressive Discipline Counseling LetterOral reprimandWritten reprimandSuspensionDismissal

Oral Reprimand Memo FormatDocuments DiscussionEmployee Relations Creates For YouEmployee Gets Copy, Send Copy to ERNo Restrictions After Issuance

Written Reprimand Narrative, letter formatEmployee Relations Creates for YouEmployee not eligible to apply for, or accept,any positions for 6 monthsLists more details and previous issues

Suspension Almost always 3 days with no payLetter formatProcess: Proposed SuspensionPredetermination Meeting (ER attends)Notice of SuspensionTEAMS employees get a SVP Confirmation ofSuspension

Dismissal Letter FormatProcess Proposed DismissalPredetermination Meeting (ER attends)Notice of DismissalTEAMS employees get a SVP Confirmation ofDismissal

Notes All actions are completed in conjunction withERSuspensions and Dismissals are reviewedwith the UF Office of Human ResourceServicesAll items are signed by employeeacknowledging receipt. If they refuse tosign .

Employee Options for Appeal Appeal for Oral and Written Employee may add a response to be filed withdisciplinary actionEmployee may file a complaint or grievanceinvolving the action

Employee Options for Appeal Appeal for Suspensions and Dismissal Predetermination MeetingTEAMS employee’s case reviewed by SVPArbitration General Counsel involvedProcess of ArbitrationCost of Arbitration

TEAMS Appointments(Contracts) at UF

New Hires and Appointments All new staff employees are hired as TEAMS employeesunless faculty or OPSAll new-hires serve an initial probation period of 6 months.No appointment is completed at hire. (TEAMS employees donot serve any further probation period as long as they arecontinually employed with no break in service)Remember, this probationary period is when they aresupposed to impress you. Deficiencies now mean problemslater. Don’t let pass probation thinking they will get better.At the end of the probation, a TEAMS Appointment iscompleted beginning with the date after the last day of theprobationary period and ending with the date one year fromthe last date of probationary period