Department Chairs and Directors as Managers of Human Resources

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Department Chairs and Directors as Managers of
Human Resources

• Paula Varnes Fussell
• Vice President Human Resource Services

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Our Agenda

• Federal legislation that affects HR practices
  Equity, FLSA in 1938 (new regs came out in 2002,
  and FMLA was updated in 2008)
• UFs classification and compensation structure
  for staff
• General benefits information
• Performance evaluations and progressive
  discipline
• TEAMS appointments and labor relations

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www.hr.ufl.edu
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UF Employment Groups

• Staff Appointments
• TEAMS
• Technical, Executive, Administrative, and
  Managerial Support
• USPS
• University Support Personnel System
• No new USPS after 1/7/03
• OPS
• Other Personnel Services

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UF Employment Groups

• Faculty Appointments
• Salaried Faculty
• Adjunct Faculty (OPS)

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UF Employment Groups

• Student Appointments
• Student OPS
• Graduate Assistants
• Other Appointments
• Residents
• Fellows
• Pre- and Post-Doctoral

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Federal Legislation
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Equity Diversity

• How Federal Laws Affect Employment Decisions

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Federal Laws

• Title VII of the Civil Rights Act of 1964, as
  amended, and CRA of 1991
• Age Discrimination in Employment Act (ADEA) of
  1967, as amended
• Americans with Disabilities Act (ADA)

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Federal Laws

• Equal Pay Act of 1963, as amended
• Veterans Readjustment Act of 1974
• Pregnancy Discrimination Act
• Immigration Reform and Control Act
• Executive Order 11246 (Affirmative Action Plans)

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Affect All Employment Practices

• Hiring
• Promoting
• Training
• Disciplining
• Providing benefits
• Firing
• Layoffs

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Non-Discrimination

• Age
• Race
• Color
• Religion
• Pregnancy
• Veteran status
• Genetic Information

• Sex
• Disability
• National origin
• Marital status
• UF policy adds sexual orientation

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Its Illegal to . . .

• Refuse to hire based on sex, age, race, etc.
• Make employment decisions based on appearance,
  accent, religion or ethnic background
• Discriminate based on citizenship status

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Its Illegal to . . .

• Make employment decisions based on a womans
  current or potential future pregnancy
• Pay women less than men for the same job
• Reject a qualified disabled candidate for a job
  based solely on the persons disability

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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 or
  restrictions?

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FLSA

• Fair Labor Standards Act

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Fair Labor Standards Act (FLSA)

• Prescribes standards for wages and overtime pay
  that affect most private and public employment
• Requires employers to pay covered employees
  (non-exempt)
• Overtime pay of one and one-half times the
  regular rate of pay
• At least the federal minimum wage

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Minimum Wage(s)
Federal minimum wage 5.85 per hour Complied with as a function of the higher FL minimum wage and UF standard
State of Floridas minimum wage 7.21 per hour on January 1, 2009 Used as a minimum for all OPS hires, including students
UFs established minimum 9.75 per hour Used as a minimum for all TEAMS/USPS hires
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Fair Labor Standards Act

• Non-exempt (hourly)
• Not exempt from the FLSA
• Must be compensated for hours worked over
  40/workweek with overtime (1.5)
• UFs workweek FridayThursday
• NOT calculated on biweekly period
• Exempt
• Exempt from, or not covered by, the provisions of
  the FLSA

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Overtime

• Overtime compensation for USPS/TEAMS is provided
  either as pay or accrued compensatory leave
• Both calculated at 1.5
• Employees cant volunteer for their own job
• In the event of a disagreement between payment
  and compensatory leave accrual, its the
  employees choice

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Overtime

• Even unauthorized overtime must be compensated if
  worked
• NOTE OPS employees must be paid for overtime
  worked
• Not eligible for compensatory leave

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FMLA

• Family and Medical Leave Act

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What Is the FMLA?

• Federal law designed to protect employees when
  leave is required due to
• Serious medical situations/serious health
  condition of employee, parent, spouse, or child
• Birth or adoption of a child
• Foster care
• Military Family Leave and other updates in 2008

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Under the FMLA . . .

• All USPS, TEAMS, and salaried faculty are
  eligible
• OPS employees, upon meeting criteria, have
  protection as well
• 12 workweek entitlement in the fiscal year (or
  480 hours)
• Prorated for part-time employees (OPS- 1,250
  hours per year to be eligible)

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FMLA Entitlement

• Leave must be approved unless FMLA entitlement
  has been met
• No additional paid leave is accrued under the
  FMLA
• It is a designation associated with accrued
  vacation, sick, or leave without pay
• Accurate record keeping is essential

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UF Extensions

• Parental leave
• UF policy grants 6 months - new program to
  advance 6 weeks
• Medical leave
• For self or immediate family
• Immediate family
• Spouse, domestic partner, great-grandparents,
  grandparents, parents, brothers, sisters,
  children, and grandchildren of employee and
  spouse or domestic partner(Step relations are
  also included)

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Staff Classification and Compensation Framework
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Classification and Compensation Framework

• Designed to help ensure that staff positions
  similar in duties and responsibilities are
  grouped together
• Facilitates administration of funds allocated for
  wages and salaries in an equitable and legal
  manner

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Staff Classification

• Classification of a position is decided by
  comparing the whole job with the appropriate
  classification specification
• For example, requests for new positions or
  changes will be compared to other current
  employees in that classification both in the
  department as well as the university as a whole

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Reclassifications?

• When there is a significant change in the duties
  assigned to a position, a reclassification should
  be requested
• Focus on duties and responsibilities assigned to
  a position, rather than the individual occupying
  the position
• The employee should already be performing the work

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In General

• HRS can provide information related to
• Whats the average pay on campus for a particular
  classification?
• Whats an appropriate range to use when
  advertising a vacancy that takes into account
  appropriate market data?
• Whats an appropriate amount for a Special Pay
  Increase, or SPI?

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Filling a Vacancy

• Vacant faculty and staff positions are posted via
  GatorJobs.

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Filling a Vacancy

• GatorJobs Vacancy Listing

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Filling a Vacancy

• Faculty recruitment and retention information,
  including Faculty Recruitment Toolkit and Search
  Committee Tutorial available at
  www.aa.ufl.edu/aa/facdev/recruit
• Administrative staff members should attend
  GatorJobs training
• GatorJobs Toolkits available at
  www.hr.ufl.edu/training/myUFL/toolkits/HiringAddPa
  y.asp

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General Benefits Info
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University Benefits

• Range of benefits programs
• Health insurancePPO, HMO, health investor plan
• Spouse program, domestic partner
• Gator GradCare
• Life insurance
• Supplemental and other plans
• Cancer, dental, hospital expense, short- and
  long-term disability, personal accident, etc.
• Reimbursement accounts

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University Benefits

• Employees must sign up for benefits during first
  60 calendar days of employment
• Should review benefits tutorial
  www.hr.ufl.edu/benefits/tutorial.htm
• Enroll for benefits by attending Group
  Benefits enrollment session (state UF plans) or
  via web (state plans) at peoplefirst.myflorida.com
   

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Qualifying Status Change (QSC)

• Major life or work events
• Marriage/divorce
• Birth/adoption
• Dependents changes
• Employment changes
• Loss of coverage
• Change must be made within 31 calendar days of
  the QSC
• Need documentation

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Retirement Programs

• Salaried faculty, TEAMS, USPS employees
• Florida Retirement System (FRS)
• Florida Retirement System Public Employees
  Optional Retirement Plan (PEORP)
• Optional Retirement Plan (ORP)
• Faculty and TEAMS-A only
• Have 90 days from date of hire to enroll
• Required for HSC faculty

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FICA Alternative

• Non-student OPS, rather than contribute to Social
  Security, deposit money in the FICA Alternative
  Plan
• Adjunct faculty, house staff, post-doctoral
  associates, hourly and exempt OPS employees
• Enrolled automatically
• Mandatory for eligible employees
• www.hr.ufl.edu/benefits/ficaalternative.htm

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Retirement Special Pay Plan

• Mandatory retirement plan for vacation/sick leave
  payments of 2000 or more, upon separation
• Section 401(a) Internal Revenue Code
• Administered by Bencor, Inc.
• Employee saves 7.65 in FICA
• Contributions are pre-tax
• Payments of vacation leave for DROP participants
  are included
• http//www.hr.ufl.edu/benefits/specialpayplan.htm

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Rehired Retirees

• New state and university requirements
• State guideline
• https//www.rol.frs.state.fl.us/forms/reminder.pdf
  
• UF form
• http//www.hr.ufl.edu/recruitment/forms/rehire_req
  uest.pdf

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Staff Performance Appraisals

• UFs performance appraisal system is designed to
  improve communication between supervisors and
  employees

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Performance Appraisal

• Exempt staff Evaluated by supervisor via a
  narrative letter and form in March each year
• Non-exempt staff are evaluated via a form, using
  a set of established ratings
• Exceeds, Above Average, Achieves, Minimally
  Achieves, Below Performance Standards

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Types for Non-exempt

• Probationary
• Typically completed during an employees sixth
  month
• Annual
• In March of each yearunless another appraisal
  was completed within the last 60 days
• Next evaluation period March 1, 2010-February
  28, 2011
• Returned to HR by March 31

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Types of UF Appraisals

• Special appraisals
• Covers evaluation for period of 60 days to 6
  months
• Notes changes in performance
• Best practice
• Please contact HR satellite office if you believe
  a special appraisal is warranted or when there
  are overall performance concerns

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Labor Relations at UF
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Union Representation

• AFSCME
• GAU
• PBA
• UFF

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Collective Bargaining Agreements/Contracts

• Define working conditions
• Drive salary increases
• Provide grievance procedures
• Typically three years in duration, with reopeners

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Discipline

• UF encourages all staff members to contribute to
  a positive and productive work environment

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Progressive Discipline

• Oral reprimand
• Written reprimand
• Suspension
• Dismissal

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Appealable Actions

• Predetermination Conference
• Option to Arbitrate

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Complaints Grievances

• Various options for faculty and staff
• Includes internal and external reviews  
• UF Regulations 
• http//regulations.ufl.edu/chapter3/
• Union Contracts
• http//www.hr.ufl.edu/labor-relations/default.asp

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Additional Actions

• Non-reappointments/Non-renewals
• Not considered disciplinary

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TEAMS Appointments
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TEAMS Appointments

• New to UF staff hires
• TEAMS non-exempt
• Serve six-month probationary period
• Then issued annual appointment
• TEAMS exempt
• Department should issue six-month initial
  appointment
• Then issued annual appointment

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TEAMS Appointments

• Internal candidate
• May be USPS or TEAMS (employee brings current
  status) unless position is TEAMS only
• USPS employee will serve six-month probationary
  period if never been in classification
• TEAMS issued annual appointmentno probationary
  periodsif employee has completed initial 6
  months at UF

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Non-Reappointments

• Hired after June 30, 2005
• Three months notice
• Hired before June 30, 2005
• Six months notice
• Does not apply if serving a probationary period
• Employees may apply for other jobs on campus

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Time-Limited Positions

• When possible, employees are provided a minimum
  of 45 days notice in the event funding is being
  eliminated
• Time-limited provisions in appointment letter
  take precedence over appointment and
  non-reappointment requirements

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Today, We Discussed

• Important legislation
• Classification and compensation framework for
  staff
• General benefits information
• Performance evaluations and progressive
  discipline
• TEAMS appointments and labor relations

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Resources Are Available

• UF management/leadership competency model
• Managing at UF curriculum supports competency
  development
• 360-degree assessment available
• Year-long leadership programs
• Advanced Leadership for Academics and
  Professionals program
• UF Academy (emerging leaders)
• On-line training on the Prevention of Sexual
  Harassment
• Visit www.hr.ufl.edu/training

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Resources Are Available

• Mary Alice Albritton, Director for Benefits and
  Retirement
• Melissa Curry, Director for Recruitment and
  Staffing
• Kim Czaplewski, Director for Employee
  Relations,392-1072
• Larry Ellis, Director of Equity and
  Diversity,273-1778
• Jodi Gentry, Director of Training and
  Organizational Development

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Thank You!

• Paula Varnes FussellVice President Human
  Resource Services