EMPLOYMENT LAW

1. EMPLOYMENT LAW 100% Compliance Effective Leave Management PPR Process-Work Improvement Student Employment Policies Baker Auditorium 8:30 am June 14th and July 11th, 2006

2. FACILITATORS Charlene Abbott Director of Human Resources Deb Kingrey Student Employment Coordinator

3. EQUAL EMPLOYMENT OPPORTUNITY • Non-Discrimination Policy • Diversity Awareness Policy www.mcneese.edu/administration/vpsse Contact Information: Dr. Rosemary Gray Office of Special Services and Equity Smith Hall, Room 125 Box 93248 Lake Charles, Louisiana 70609 (337) 475-5428 (337) 562-4227 TDD (337) 475-5960 FAX

4. 100% COMPLIANCE • July 1, 2000, the Department of Civil Service (DSCS) began the Integrated Statewide Information System (ISIS). • With ISIS, state agencies no longer submit personnel actions through DSCS for approval. • Instead, agencies approve their own personnel actions, certify for compliance, and then approve through the data entry of the action into ISIS. • All personnel actions are approved by the delegated appointing authority. • All “required” documentation is maintained at the agency level. • Strong internal procedures and policies must be developed and adhered to in order to have 100% compliance in audit areas. • The Accountability Division was established at this time to audit state agencies for compliance to DSCS rules.

5. ACCOUNTABILITY DIVISION The Accountability Division is responsible for providing an objective evaluation of the human resource practices used by state agencies to manage their classified work force. They assess the effectiveness of those practices and the overall adherence to merit principles and compliance with Civil Service Rules. They provide agencies with the results of their evaluations and recommend corrective action to the Director and Commission when unacceptable levels of non-compliance or abuse of authority are found.

6. AUDIT CYCLES • A new audit cycle begins every four years. • We are currently in the second cycle. • An audit cycle consists of at least two full program reviews, one or two drop in visits, and at least one paper audit. • We must continue to change policies and procedures until 100% compliance in all audit areas is achieved. • We have continued problems in the area of Performance Planning and Review. • We have continued problems in the area of rules concerning attendance and leave.

7. EFFECTIVE LEAVE MANAGEMENT The supervisor has responsibility for effective leave management to include: • Encouraging better attendance; • Learning legal requirements of Civil Service rules and federal laws related to FMLA and ADA; • Counseling employees and giving them appropriate written guidelines on attendance; • Understanding how excessive leave or tardiness affects coworkers morale and productivity; • Focusing leave management actions on the “greater good” of all employees and customers served rather than on individual employees who are frequently absent. BECAUSE:

8. EFFECTIVE LEAVE MANAGEMENT • The work unit can’t get work done without all employees; • Absenteeism creates morale issues and resentment; • Absenteeism causes an unequal distribution of work; • Absenteeism becomes contagious among other employees; • Absenteeism creates crisis situations; • Absenteeism shows a lack of responsibility; • Absenteeism is a distraction from duties and the mission of the office; • Absenteeism reflects negatively on the work unit.

9. PRINCIPLES OF WISE LEAVE MANAGEMENT • Consider the greater good of all your employees and your customers. • Lead by example. Your leave record must also be a responsible one. • Be reasonable. Do not act unless you have a rational business reason. • Get the support of your chain of command and the appointing authority before taking action. • If you are going to “tighten up” on the management of leave, let your employees know the rules before you hold them accountable for them. • All employees do not have to be dealt with in the same manner. Treat employees in similar circumstances similarly. Never discriminate against employees on the base of race, sex, religion, etc. • Counsel and deal with employees individually. Do not send email or memos to all employees if the problem is with just one employee.

10. APPLICATIONS FOR LEAVE • A pre-approval of leave system is a requirement of the Department of Civil Service and the University of Louisiana System Board. • When leave is foreseeable, the employee should complete a proper Application for Leave form and submit to supervisor in advance for approval. • When the leave is not foreseeable, the employee should complete a proper Application for Leave form, and submit to supervisor immediately upon return to duty for approval. • In other words, do not allow an employee to verbally request leave and do not verbally approve leave-have them submit the Application for Leave form.

11. UNSCHEDULED ABSENCE AND TARDINESS • Unscheduled absence/tardiness cause inefficiency to your department, the university, and state services as a whole. • An employee must maintain a standard work schedule for purposes of fair pay rules in accordance with the Department of Labor. • The state maintains a strong position on inefficiency of state services with this reason being the main reason an employee may be disciplined. • Counsel employees regarding unscheduled absence and/or tardiness using the following steps in progressive discipline:

12. STEPS IN PROGRESSIVE DISCIPLINE • Verbally counsel the employee documenting the time and date you counseled. • Counsel the employee in writing and warn that future disciplinary action may occur if the problem is not corrected. • Consult the Director of Human Resources for work improvement plan, restricted use of leave, and/or possible disciplinary action. Abuse of leave is determined by a standard set by the University. Restrictions concerning the use of paid leave must have Human Resource approval. There should be no “surprises” at payday. Absenteeism and tardiness problems should be reflected in the Dependability factor of the PPR.

13. PERFORMANCE PLANNING AND REVIEW • As you all should be aware, Civil Service classified employees have a right of appeal with regard to certain personnel actions. • You should be familiar with Chapter 10 rules regarding PPR’s and also Chapter 13 rules regarding right of appeal of classified employees. • The Civil Service Commission renders decisions concerning appeals and publishes this information on line. www.dscs.state.la.us • Classified employees also have the right of review of PPR if they disagree with the rating, and they may also file an appeal to the Department of Civil Service.

14. CIVIL SERVICE CHAPTER 10 RULES • You must consider the planning and evaluation content as well as the rules that govern the PPR system. • You should ensure that your employee clearly understands what is necessary to achieve success. • You should clearly communicate performance and behavioral expectations throughout the year. • You should not use the PPR as your only means of communication with your employee. • The rating session should not come as a “surprise” to the employee. • PPR ratings are not considered a step in progressive discipline nor should they be considered a means to disciplinary action.

15. PROBATION PERIODPERMANENT STATUS • Most classified employees are hired under a probation period. • The probation period is a working test period to determine if the employee is performing up to supervisor and university expectations. • A classified employee is first eligible to receive permanent status after serving 6 months of the probation period. • The probation period may extend as long as 2 years. • Normally, an employee will not be retained after 1 year if the supervisor does not feel the quality and/or quantity of work is not up to university standards. • An employee on a probation period does not have the right of appeal.

16. ANNUAL PERFORMANCE EVALUATIONS • The University of Louisiana System board requires certain non-classified employees to receive a performance evaluation on an annual basis. • The policy and forms concerning this process are on the Human Resource website. • This process involves a planning session and a rating session. • An employee hired prior to July 1, 2005 has an anniversary date of November 1. • For an employee hired after July 1, 2005, the anniversary date is the hire date.(1st rating is one year from hire)

17. WORK IMPROVEMENT PLANS • If an employee receives a “needs improvement” or “poor” factor in one or more areas, the employee should be placed on a Work Improvement Plan. • You must request a Work Improvement Plan through the Director of Human Resources. • The Work Improvement Plan is designed to ensure: • That the employee clearly understands what is deficient. • The employee is given “Tools for Improvement”, and a timeline for improvement. • The employee understands what is necessary to achieve success. • The employee understands that a failure to correct deficiencies may lead to disciplinary action.

18. SUCCESS FOR EMPLOYEES • Provide new employees with written departmental rules and regulations. • Provide the necessary training and resources for the position. • Provide the employee with a detailed Employee Work Profile and Position Requirements Worksheet to develop a clear understanding of the position duties and requirements. • Communicate with the employee throughout the year. • Conduct planning sessions at the time of hire, and throughout the year as duties change or performance issues arise. • Clearly communicate expectations to the employee. • The minute a problem arises, speak to the employee, and set corrective measures in place.

19. CONTACT INFORMATION 109 Smith Hall Box 91615 Lake Charles, Louisiana 70609 (337) 475-5103 (337) 475- 5722 Hearing Impaired (TDD) FAX: (337) 475-5104 E-mail: humanresources@mcneese.edu DIRECTOR Charlene Abbott 475-5977 cabbott@mcneese.edu HUMAN RESOURCES ANALYST Benita Malbrough 475-5362 bmalbro@mcneese.edu ADMINISTRATIVE COORDINATOR Yvonne Jacobs 475-5105 yvonne@mcneese.edu COMPLIANCE PROGRAM SPECIALIST Kim Dronett 475-5103 dronett@mcneese.edu

20. NEW HIRE ORIENTATION • In order to have a successful working relationship with a student worker, the supervisor should clearly communicate job expectations to the worker at the time of hire. • All supervisors should develop a “New Hire Orientation” procedure for student workers tailored to the individual department. • We have provided you with a sample “New Hire Orientation” procedure. You are welcome to use this procedure to develop your own orientation. • We must all remember that we are preparing the student to enter the work force on a full time basis.

21. EMPLOYMENT AND PAYROLLPROCESSING • The Student Employment Office processes employment and payroll documents for approximately 575 student workers to include both undergraduate and graduate students. **NEW** • The Student Employment Office assumed responsibility for Graduate Assistant employment and payroll processes effective with the spring 2006 semester.

22. EMPLOYMENT • New Hire Paperwork All newly hired student workers must report to Student Employment before beginning employment to complete and turn in the New Hire Paperwork, and to provide necessary documentation to prove employment eligibility and identity.

23. EMPLOYMENT • Student Employment Policies • All newly hired student workers are given a copy of the Student Employment Policy at the time of hire. • The Student Employment Policy governs the employment of both undergraduate and graduate students. • The Faculty/Staff handbook contains a Graduate Assistant Policy in Section 319. • If you supervise student workers, you should be familiar with the relevant policies. • Any updates to policies will be transmitted through campus list serve.

24. EMPLOYMENT • Graduate Assistant Hiring Plan • The Graduate Assistant hiring plan forms can be downloaded from the Student Employment website. • The hiring plan forms are submitted to the department indicated on the top left of each form. • The Student Employment office is responsible for the maintenance and update to forms within the hiring plan. • The Letter of Appointment was revised in May 2006 and is available on the Student Employment website.

25. EMPLOYMENT • Graduate Assistant Wage and Hour • Wage information was changed on the Letter of Appointment to indicate an hourly rate for Non-Teaching Graduate Assistants and a salary amount for Teaching Graduate Assistants to maintain compliance with the provisions of the Fair Labor Standards Act. • Teaching Graduate Assistants are employed according to the University’s academic calendar (from the first day of classes through the last day of final examinations) for each term. • Non-Teaching Graduate Assistants are employed with varying employment dates which are announced by the Student Employment office each semester. • Some departments may require graduate assistants to work prior to or beyond the defined academic calendar, but no more than the cumulative hours required in a normal employment term.

26. PAYROLL • Payroll Processing • All student workers are paid bi-weekly. • All student workers are paid on an hourly basis with the exception of Teaching Graduate Assistants who are paid on a salary basis in accordance with applicable federal laws. • All student workers who are paid on an hourly basis will be paid for the hours worked and recorded on the time sheet. • The payroll schedule is posted on the Student Employment website.

27. CONTACT INFORMATION Student Employment Office Student Employment Coordinator Deb Kingrey dkingrey@mcneese.edu Administrative Coordinator Liz Fuselier lfuselier@mcneese.edu Location: Smith Hall, Room 106 Phone: (337) 475-5102 Hearing Impaired (TDD): (337) 475-7522 Fax: (337) 562-4135