Department Chairs and Directors as Managers of Human Resources

1. Department Chairs and Directors as Managers of Human Resources Paula Varnes Fussell Vice President Human Resource Services

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

3. www.hr.ufl.edu

4. 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

5. UF Employment Groups Faculty Appointments • Salaried Faculty • Adjunct Faculty (OPS)

6. UF Employment Groups Student Appointments • Student OPS • Graduate Assistants Other Appointments • Residents • Fellows • Pre- and Post-Doctoral

7. Federal Legislation

8. Equity & Diversity How Federal Laws Affect Employment Decisions

9. 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)

10. 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)

11. Affect All Employment Practices • Hiring • Promoting • Training • Disciplining • Providing benefits • Firing • Layoffs

12. Age Race Color Religion Pregnancy Veteran status Genetic Information Sex Disability National origin Marital status UF policy adds sexual orientation Non-Discrimination

13. It’s 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

14. It’s Illegal to . . . • Make employment decisions based on a woman’s 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 person’s disability

15. 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?”

16. FLSA Fair Labor Standards Act

17. 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

18. Minimum Wage(s)

19. 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) • UF’s workweek: Friday–Thursday • NOT calculated on biweekly period • “Exempt” • Exempt from, or not covered by, the provisions of the FLSA

20. Overtime • Overtime compensation for USPS/TEAMS is provided either as pay or accrued compensatory leave • Both calculated at 1.5 • Employees can’t volunteer for their own job • In the event of a disagreement between payment and compensatory leave accrual, it’s the employee’s choice

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

22. FMLA Family and Medical Leave Act

23. 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

24. 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)

25. 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

26. 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)

27. Staff Classification and Compensation Framework

28. 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

29. 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

30. 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

31. In General … • HRS can provide information related to: • What’s the average pay on campus for a particular classification? • What’s an appropriate range to use when advertising a vacancy that takes into account appropriate market data? • What’s an appropriate amount for a Special Pay Increase, or SPI?

32. Filling a Vacancy • Vacant faculty and staff positions are posted via GatorJobs.

33. Filling a Vacancy • GatorJobs Vacancy Listing

34. 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/HiringAddPay.asp

35. General Benefits Info

36. University Benefits • Range of benefits programs • Health insurance—PPO, 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

37. 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 

38. Qualifying Status Change (QSC) • Major “life or work events” • Marriage/divorce • Birth/adoption • Dependent’s changes • Employment changes • Loss of coverage • Change must be made within 31calendar days of the QSC • Need documentation

39. 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

40. 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

41. 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

42. 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_request.pdf

43. Staff Performance Appraisals UF’s performance appraisal system is designed to improve communication between supervisors and employees

44. 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

45. Types for Non-exempt • Probationary • Typically completed during an employee’s sixth month • Annual • In March of each year—unless another appraisal was completed within the last 60 days • Next evaluation period: March 1, 2010-February 28, 2011 • Returned to HR by March 31

46. 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

47. Labor Relations at UF

48. Union Representation • AFSCME • GAU • PBA • UFF

49. Collective Bargaining Agreements/Contracts • Define working conditions • Drive salary increases • Provide grievance procedures • Typically three years in duration, with reopeners

50. Discipline UF encourages all staff members to contribute to a positive and productive work environment