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Charter School Human Resources 101. Cutting Through the Paperwork!. Agenda. New Employee Processing Materials to Give to New Employees Employer Actions After Hire Credentialing Resources Classification/Retirement System Personnel Files Ending the Employment Relationship Q & A
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Charter School Human Resources 101 Cutting Through the Paperwork!
Agenda • New Employee Processing • Materials to Give to New Employees • Employer Actions After Hire • Credentialing Resources • Classification/Retirement System • Personnel Files • Ending the Employment Relationship • Q & A Attachments – Sample Job Descriptions
New Employee Processing At Interview – Employee should complete: • Application for Employment • Waiver to Conduct Reference Check
New Employee Processing When Selected – • Intent to Hire Form (prepared by person authorized to select hire) • Present Offer Letter – Get Signed Acceptance
New Employee Processing Mandatory • Fingerprint Clearance • TB Test Clearance • Child Abuse Reporting Acknowledgement • Employment Eligibility Verification (I-9) • W-4 (Federal Withholding), DE-4 (State) • Workers Comp Pre-Designation of Physician • Social Security Notification (if applicable)
New Employee Processing Recommended for Certificated • Acceptable Use Policy Acknowledgement • CBEDS/CALPADS Data Form • Emergency Card • Induction Program Eligibility (BTSA) • NCLB Certification Form (Core Subjects) • STRS One Time Death Benefit Form • Medical/Fitness for Duty Clearance • Official University Transcripts (BA & Post BA) • Prior Service Verification from District • Professional Reference Letters (2)
New Employee Processing Recommended for Classified • Acceptable Use Policy Acknowledgement • CBEDS/CALPADS Data Form • Emergency Card • PERS Beneficiary Form • Proof of High School Graduation • Professional Reference Letters (2)
Student Worker Processing Mandatory • Application for Employment • TB Test Clearance • Employment Eligibility Verification (I-9) • W-4 (Federal Withholding), DE-4 (State) • Work Permit (for minors under 18 yrs) Recommended • Medical Consent for Minor Applicant • Copy of Student Identification Card • Emergency Card
Materials for Employee Mandatory • Staff Handbook and Acknowledgement • Paid Family Leave Pamphlet • State Disability Insurance Pamphlet • Facts About Workers Comp Pamphlet • Sexual Harassment Information
Materials for Employee If Applicable • 403(b) Plan Availability • Health Benefits Information Packet • STRS/PERS Member Handbook • School Calendar/Map
Employer Actions After Hire • Issue Employment Agreement • Verify Social Security Number • Complete Report of New Employees (DE 34) – hard copy or online • Complete Member Action Request (AESD-1) for all PERS members • Record/Track Expiration Dates for: • Credential • TB Test Clearance • Create Personnel File
Credentialing Resources • CCAC (Credential Counselors & Analysts of California) -Fall Conference will be October 12-15, 2010 -Access to the most updated Credentialing information - Spring workshops • Local County Office of Education - Provide one on one training - Credentialing Workshops • Local School District
Retirement System ClassificationCalSTRS or CalPERS? California State Teacher Retirement System STRS Membership qualifications: • Full Time Certificated employee • Substitutes- work 100 days or 600 hrs in the same school year • Part time Certificated- work 60hrs or 10 days in one month • Any part time certificated employee working 60% of time • Certificated employee always has the right to elect to STRS anytime. They can always opt in even if they have not met the minimum hourly requirements. • Person is always a CalSTRS member
Retirement System ClassificationCalSTRS or CalPERS? California Public Employees Retirement System PERS Membership qualifications: • Full Time Classified employee • Regular Part Time working 20hrs or more per week • Indeterminate: at least 20 hrs/week for 1 year or more • Temporary: worked 20 hrs/week for 1 year or more • Has completed 1000 hours or 125 days in fiscal year • Person is already a PERS member
Personnel Files YES • Application/Resume • Offer of Employment/Agreement • Job Description • TB Test Clearance • Evaluations • W-4/ DE-4 • Payroll Records/Status Change • Retirement Information STRS/PERS • Leave Forms • Credentials/Certificates/Licenses • Professional Growth (transcripts) • Performance/Conference Memos • Termination Documents NO • Form I-9 • Medical Information • Fingerprint Results * • Investigation Files • Workers Compensation Claims
Personnel Files Every employee has the right to inspect their personnel file upon request. When dealing with and maintaining materials that may affect the job status of the employee: • The employee must be informed that the material exists and is being retained. • The employee must be informed of his/her right to comment in writing and have the comment included with original material. • This must be done in a timely fashion.
Ending the Employment Relationship Organize and Prepare Before Any Termination
Types of Employment Separation Voluntary Quit Discharge (Involuntary Termination) Layoff Change in Status Job Abandonment Refusal to Accept Work
Establish Company Policies Ahead of Time Set forth rules and expectations within your employee handbook Follow that policy until you discontinue or change it – no exceptions Communicate new policies to employees and document the distribution of the updated handbook Reserve the right to follow whatever course of discipline is warranted in a situation Be careful to avoid language that could limit your right to terminate an individual employee
Document, Document, Document Honest Performance Evaluations Track any behavior/work problems Records of pay changes, promotions, or demotions Records of disciplinary actions and warnings Written complaints both by and about the employee
Key Issues to Consider Before Terminations Review your Employee Handbook for policies that my limit your right to terminate Is there a written employment agreement or union agreement? Does your school have an established system of progressive discipline or grievance policy? Does your school have an internal dispute resolution system? Will the termination breach a verbal or implied contract of employment?
What is a Protected Class? Term used in US anti-discrimination law to describe groups of people who are protected from discrimination and harassment Race, Ethnicity, Religion, Color, National Origin, Age, Sex, Familial Status, Sexual Orientation, Disability, Veteran Status, Genetic Information
Key Issues to Consider Before Terminations Does the employee belong to a protected class? Is the employee physically or mentally disabled? Is the employee being treated in the same manner as other employees in similar situations? Is the employee pregnant? Has the employee filed a worker’s compensation claim? Is the employee on leave? Has the employee participated in any official investigation of the employer? Reach out to your labor attorney before termination
Required Termination Paperwork Mandatory For Your Benefit Pamphlet (Form 2320) Mandatory HIPP Notice (different from HIPPA) Mandatory Notice to Employee as To Change in Relationship Form COBRA Paperwork (if applicable)
Strongly Recommended Paperwork Final Paycheck Acknowledgement Termination Decision Checklist Termination Checklist PERS AESD-1 (Employer files with County) Exit Interview
Termination Meeting Organize the best time to terminate the employee with hiring manager and senior management team Have all termination paperwork prepared in advance of termination meeting Coordinate IT shutdown to take place during the meeting Respect the person being terminated regardless of the circumstances Keep the meeting on schedule, and to the point Do not apologize for termination
Termination Meeting Make a judgment call on escorting terminated employee out of the building or asking them to leave on their own, quietly. If an employee refutes the termination, the hiring manager should emphasize that the organization has made this business decision and that it is final. Make sure to recover all company property prior to the end of the meeting: laptops, keys, parking passes, etc. Hiring Manager and HR representative should be present at termination meeting.
What Not To Do During A Termination Meeting Lie about the reason an employee is being terminated: layoff, budget constraints, position not needed Apologize to employee for having to be the one to terminate them Have the termination be a surprise – employee should be aware of performance issues Be disrespectful or become overly emotional during the meeting
Any Questions? Margaret Domingo - MDomingo@CaminoNuevo.org Director of Human Resources, Camino Nuevo Charter Academy 213/417-3410 Karla Diamond – kdiamond@ghchs.com HR Manager, Granada Hills Charter High School 818/360.2361 ext. 322 Melissa Valenzuela - MValenzuela@exed.net HR Manager, ExED 310/394.1152 ext. 233