WELCOME to HUMAN RESOURCES “Back-to_School” Secretary & Aesop Training SUMMER 2010

1. WELCOMEtoHUMAN RESOURCES“Back-to_School” Secretary & Aesop TrainingSUMMER 2010

2. INTRODUCTIONS

3. Empowering Each Other to Help You and Your Campus/Department • KNOWLEDGE • UNDERSTANDING • “TEAM” WORK • SUPPORT • ASSISTANCE • TOOLS • TASKS

4. WORK CALENDARS • PARA/LVN 187 • TEACHERS 187 • ATTENDANCE CLERKS 196 • CLERKS 207 • 226 CHANGES DUE TO NON-EXEMPT STATUS and Compensatory Time Reporting T

5. The Fair Labor Standards Act (FLSB) The Great Depression – 1938 Minimum Wage = $0.25 / Hour Public Employers = 1966 How do we benefit from FLSB? Minimum Wage – Now $7.25 ( Federal / State) Exempt vs Non-Exempt Employee vs Independent Contractor (Benefits) Overtime Pay Requirements - Hours Worked OVER 40/Week Equal Pay Act – Prohibits Discrimination Based on Sex Child Labor Provisions Recordkeeping Requirements of Employers T

6. The Fair Labor Standards Act (FLSB) Exempt vs Non-Exempt from Minimum Wage & Overtime: Positions that are classified, and meet the “tests” for Executive, Administrative, Professional/Teachers, Computer Employees, and Highly Compensated Employees GISD Employee Classifications: Non-Exempt: Pay Tables = CP, Auxiliary, Technology, Examples: Clerk, ESD Aide/Site Leader, LVN, Secretary, Paraprofessional, Auxiliary (Custodian, Child Nutrition, Maintenance, Bus Attendants/Drivers, Mechanic, Technology Exempt: Pay Tables = Teacher/Librarian, Professional Support/ Administration, Substitute Examples: Teacher, Librarian, Coach, Professional Support Positions, Director, Principal, Assistant Principal, Administrator, Assistant Superintendent, Superintendent, Substitute T

7. The Fair Labor Standards Act (FLSB) EMPLOYEE vs INDEPENDENT CONTRACTOR/VENDOR: Generally … if a person or “business” is providing “work” services to the District … and they DO NOT HAVE A BUSINESS LICENSE, or a FEDERAL ID NUMBER … then they are required to be hired as an “employee” of the District. Per FLSA and TASB, districts should proceed with caution when designating individuals as independent contractors to ensure the designation is accurate. The determination that a worker is an employee and not an independent contractor carries many obligations and potential liabilities for mischaracterization. FLSA regulations define Independent Contractor and generally recommends applying 3 Tests: IRS Control Test Economic Reality Test Common Law Control Test BEFORE … offering employment or a contract … and you are not sure if they are an Independent Contractor or an Employee … please contact the Human Resources Office for verification. T

8. The Fair Labor Standards Act (FLSB) Compensatory Time – Nuts & Bolts:(see TASB FLSA Handout) Compensable time is “all time spent in physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer or their business.” GISD is REQUIRED to either: Pay for all overtime worked at a rate not less than one and one-half times their regular rate of pay; OR Provide compensatory time off at the rate of one and one-half hours off for each overtime hour worked. GISD Work Week = Sunday 12:00 am – Saturday 11:59 pm Overtime = Includes any hours WORKED by a nonexempt employee in excess of 40 hours in a workweek. T

9. The Fair Labor Standards Act (FLSB) Overtime compensation (Policy DEA Highlights) Only nonexempt employees (hourly employees and paraprofessional employees) are entitled to overtime compensation. A nonexempt employee shall have the approval of his or her supervisor before working overtime. An employee who works overtime without prior approval is subject to discipline but shall be compensated in accordance with the FLSA. Overtime is legally defined as all hours worked in excess of 40 hours in a workweek and is not measured by the day or by the employee’s regular work schedule. Nonexempt employees that are paid on a salary basis are paid for a 40 hour workweek and do not earn additional pay unless they work more than 40 hours. Compensatory time earned by nonexempt employees may not accrue beyond a maximum of 60 hours. If an employee has a balance of more than 60 hours of overtime, the employee will be required to use compensatory time or, at the District’s option, will receive overtime pay. An employee shall use compensatory time within the duty year in which it is earned. If an employee has any unused compensatory time remaining at the end of a fiscal year, the employee shall receive overtime pay. Compensatory time may be used at either the employee’s or the District’s option. An employee may use compensatory time in accordance with the District’s leave policies and if such use does not unduly disrupt the operations of the District. [See DEC(LOCAL)] Weekly time records will be maintained on all nonexempt employees for the purpose of wage and salary administration. In calculating the 40-hour week, employees do not calculate the time used for lunch break or other breaks. Lunch should be taken somewhere other than the regular workstation. T

10. The Fair Labor Standards Act (FLSB) Flex Time: Time worked that is “outside” the normal duty schedule, but is not “overtime.” Example for a NonExempt Employee: Monday was a Holiday or LSL,SPL Day = 8 Hours Tuesday through Thursday Worked = 36 Hours Total “Compensated” Hours = 44 Hours 40 hours are Regular and 4 are “Flex” Example for an Exempt Employee: Teacher Attends 3 Days of Summer Conference Which is Scheduled BEFORE Their Work/Pay Calendar Begins, and Therefore Earns 3 Days of Flex Time to “Trade” for 3 Days Off During Week of Thanksgiving True Time vs Payroll Calendar vs Annualized Wages: Time Reporting = True Time / Weekly Docks = Payroll Calendar Annualized Wages = Annual Wage Divided by 24 Payments T

11. T The Fair Labor Standards Act (FLSB) Benefits of Electronic Time Keeping – True Time Accuracy Awareness Accountability

12. ABSENCE REPORTING & ELECTRONIC TIME KEEPING SYSTEMS TRUE TIME – ELECTRONIC TIME KEEPING SYSTEM: • ALL NonExempt Employees – Campus & Department AESOP ABSENCE REPORTING & SUBSTITUTE CALLING SYSTEM: • ALL Campus Employees • Technology Support Positions • ESD Site Leaders • ALL EXEMPT Employees: • Administrators (including Department Administrators) • Professional Support Positions: Diagnosticians, SLP, LSSP, etc. • Assistant Superintendent & Superintendent SKYWARD LIMITED ACCESS: Paper Request/Approval System Manually Entered by Transportation, Support Services and Maintenance Department Secretaries • ALL Auxiliary Employees - Bus, Child Nutrition, Custodial, Maintenance Approval Processes are Determined by Each Principal/Director … SPL = Discretionary Leave Form T

13. FINGERPRINTING OVERVIEW of Senate Bill 9 • NEW HIRES: • ALL New Hires are Required to have COMPLETED the Fingerprinting Process BEFORE Reporting to Work in Accordance with STATE LAW • Exceptions: • Employee is CURRENTLY an enrolled GISD Student • Employee is under the age of 18 • INDEPENDENT CONTRACTORS: (see handouts) • GISD Letter to Contractors 2010 • Independent Contractor Fingerprinting Questionnaire T

14. SCHOOL RECRUITER: • Online Electronic Application System Managed by Principal/Director (or designee) for Reviewing Employment Applications: • Professional & Paraprofessional Applications • Substitute Teacher / Aide Application • Principal to Contact Dianne Burns – HR Office to Request a Designee to have Access • Auxiliary: Paper Applications … NOT School Recruiter JOB POSTINGS: • GISD Employment Opportunities: • Job Postings • Job Postings (Auxiliary Only) T

15. ESN – GUIDELINES COMPLETING THE EMPLOYEE STATUS NOTIFICATION (ESN): Action Effective Date: Required Actual Date of Employment, Transfer, Change Employee Name: Required Employee’s Full Name Campus/Department Required Example: Support Services –Child Nutrition Substitute Select One Identifying Employment Status Temporary Required Example: If Previously Working in a Temporary Regular Status and Changing to Regular – Select Regular Actions #1 - #7 Required Select One and Complete Selected Section Details POST POSITION Yes or No Required If a resignation or termination – please select one. Position/Title: Required New/Current Employment Position/Job Title Employee Previously in Position Required If Applicable for New Hire Special Program/Fund/Grant? Required Note Details if Applicable (Federal, CTE, etc.) Provide Account Code Below Signature Required Principal or Director’s Signature • ATTACH REFERENCE CHECK SHEETS TO ESN or EXIT INTERVIEW FORM • FAX TO HR AT EARLIEST POSSIBLE DATE – Especially for Resignations/Terminations • ALWAYS SEND ORIGINAL SIGNED ESN to HR OFFICE • AWAIT FOR “AUTHORIZATION TO REPORT TO WORK” BEFORE SCHEDULING FIRST DAY OF EMPLOYMENT • CONTACT HR FOR CRIMINAL HISTORY CHECK CLEARANCE PRIOR TO OFFERING POSITION T

16. TUTORS • Tutor Hiring Procedures 2010 (see handout) • Requirements: • CERTIFIED TEACHER • Completed SUCCESSFULLY FINGERPRINTING PROCESS • Work LESS THAN 20 HOURS PER WEEK • Work NO LONGER THAN 4 MONTHS in SCHOOL YEAR • Active Teacher Extra Tutor Assignment • Substitutes Also Serving as Tutors T

17. CRIMINAL HISTORY CHECKS • EMPLOYEES: Completed Through Fingerprinting Process • VOLUNTEERS: (see Handouts) • Email 2009 Explains New Procedures • Authorization Form – English • Authorization Form – Spanish • PLEASE …Fill this out “ONLY” if You Plan on Volunteering at Your Child’s Campus • Campus/Department Name on Bottom of Form • Please do not send duplicates. • Please keep a copy for your records. • Each Criminal History Check Costs the District $1.00 • Through YOUR Help … We Reduced the Number of Checks by 50% -  THANK YOU!!! T

18. FIRE PREVENTION • Keep ALL Employee Medical Information STRICTLY CONFIDENTIAL • Notify HR (Robin Imes) When You are Aware that an Employee is Absent 3+ days Due to Illness, or May Need FMLA, TDL, ADA, etc. • Make Sure You Receive an ORIGINAL MEDICAL RELEASE BEFORE an Employee Returns to Work … FAX Copies NO LONGER Accepted (per Legal Counsel) T

19. MEDICAL RELEASE • An employee absent more than five (5) consecutive workdays because of personal illness shall submit, upon return to work, an ORIGINAL medical certification of illness and of their fitness to return to work. • An employee absent more than three (3) consecutive workdays because of illnessin the immediate family shall present, upon return to work, an ORIGINAL medical certification of the family member's illness. • Medical certifications shall continue to be required at 30-day intervals. T

20. Leaves & Absences Understanding the District’s LEAVE Benefits C

21. TYPES OF AVAILABLE LEAVE: • STATE Personal Leave • LOCAL Sick Leave (personal or family) • STATE Sick Leave (personal or family) • Non-Contract Days (226 and 240 Calendar Employees) • TEMPORARY Disability Leave • FMLA (Family and Medical Leave) • CSLB (Catastrophic Sick Leave Bank) • Workers Compensation • Inactive Status • Other (to follow) ADA (American Disabilities Act) C

22. TIME AWAY FROM WORK = ABSENCE • Personal • School Business SPL LSL SSL JD Inactive WC SB TDL FMLA C

23. REGULAR ORDER OF AVAILABLE LEAVE 1. State sick leave accumulated prior to the 1995-96 school year. 2. Local sick leave. 3. State personal leave (if insufficient SPL … absence does not roll to Sick Leave for Use – absence will result in a pay dock) 4. Catastrophic sick leave (if awarded) Leave shall be recorded in increments ofhalf days (except some True Time uses). Employees shall be charged leave as used … even if a substitute is not employed. C

24. LOCAL (& State) SICK LEAVE • May be Used for ONLY the following: • Employee ILLNESS • Immediate Family ILLNESS • Family Emergency (natural disasters or life-threatening situations) • Death in the Immediate Family • Active Military Service • CANNOT Be Used for Personal Reasons • LSL up to 5 Days Per Year (see schedule) • LSL 1st YEAR = 3 days/Year & Donate 2 to CSLB • Roll-Over Year to Year (Accumulates) C

25. STATE PERSONAL LEAVE • NONDISCRETIONARY: • With No Advance Notice such as Illness, ER or Death • DISCRETIONARY: • At Employee’s Discretion Scheduled in ADVANCE WITH SUPERVISOR’S APPROVAL • Maximum of 10% of Campus Employees in Each Job Category Absent Due to SPL • No More than 5 Consecutive Days without Superintendent Approval • Not Allowed on KEY Days, i.e. Testing, End of Semester, Before or After a Holiday, Etc. • Earn up to 5 Days Per Year (see schedule) • Transferable to other Texas School Districts • Roll-Over Year to Year (Accumulates) C

26. TEMPORARY DISABILITY LEAVE • Certified Employees • Fulltime • SBEC Certification • Provides Job Protection for Educators Who Cannot Work for an Extended Period of Time Because of a Mental or Physical Disability of a Temporary nature • The contract or employment of the educator may not be terminated while the educator is on a leave of absence for temporary disability. • For purposes of temporary disability leave, pregnancy is considered a temporary disability. • Request Approval • Physician’s Statement • Up to 180 Calendar Days • Concurrent with FMLA and Sick and Personal Leave • Contact HR Office C

27. WORKERS COMPENSATION • An employee absent because of a job-related injury or illness shall be assigned to family and medical leave, if applicable. • An employee eligible for workers' compensation wage benefits, and not on assault leave, shall indicate whether he or she chooses to: • Receive workers' compensation wage benefits; or • Use available paid leave. Workers' compensation wage benefits shall begin when: • Paid leave is exhausted; or • The employee elects to discontinue use of paid leave; or • Leave payments are less than the employee's pre-injury average weekly wage. C

28. CSLB – Catastrophic Sick Leave Bank • Provides additional paid sick leave days to members of the Bank who have experienced catastrophic (severe) illness or injury • Includes Pregnancy Related Complications • Requires 2 Days of LSL Donation to Join • ALL New Employees are Required to Join • Employees who are eligible to receive LSL may join the Bank • Must have used all accumulated leave days • Must take 5 days of Leave Without Pay • May Receive Up to 60 Days per Year Maximum C

29. Definitions and explanation of Catastrophic Illness: • Catastrophic illness shall be defined as a severe condition or combination of conditions affecting the mental or physical health of the employee or the employee’s immediate family that requires the services of a licensed practitioner for a prolonged period of time and that forces an employee to exhaust all leave time earned by that employee and to lose compensation from the District. • Further definition of catastrophic illness would be one that is an incapacitating/debilitating physical or mental condition necessitating continuing treatment by a licensed practitioner for an extended period of time. Examples include, but are not limited to cancer treatments, heart conditions, stroke or recuperation from a near fatal accident or injury. • Catastrophe – Defined: A great, often sudden calamity. • Calamity – An event that brings terrible loss, lasting distress, or severe affliction; a disaster. C

30. INACTIVE STATUS • Employment is Placed on INACTIVE STATUS • Time Period Allow May Vary • Benefits May End if LWOP Extends Past Month End (Leave Accrual, Insurance, Etc.) • Employee Must Pay 100% of Elected Health Insurance Costs for Full Month’s Coverage • COBRA Rights are Activated • When Medically Released to Return to Work • IF a position is available for which employee is qualified, they are placed in the position. • They do NOT have to complete a Probationary Period • Transportation Dept: Maintain Seniority • HR Assesses Individual Situation and Determines if This Option is Available for an Employee Based on the Following: • Not Able to Work Due to a Serious Medical Condition • Do Not Qualify for FMLA or TDL • Do Not Have Sufficient Paid Leave Available to Use for Absence • Qualifies for an ADA “Reasonable Accommodation” • Qualifies for a Medical “Reasonable Accommodation” • Legitimate business necessity to fill the position. C

31. Other Leaves & Absences: • Jury Duty • Military Leave • Bereavement • Assault Leave • Non-Contract Days • Compensatory Time • Compliance With a Subpoena • District Related = School Business • Personal with a Subpoena = School Business • Personal without a Subpoena = Personal Leave • Religious Observance C

32. ADA (American Disabilities Act) T • Federal Law that provides protection for disabled individuals from discrimination in employment; it also provides access to facilities and access to services. • Employee must be “otherwise qualified” to perform the “essential functions” of the job. • Person with a physical or mental impairment that “significantly limits” one or more “major life activities” – Substantial Impairment. • Reasonable Accommodation: • Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; • Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, examinations, training materials or policies, etc. • Required unless it causes an “undue hardship” for the District. Generally Not Covered: Minor, temporary conditions such as sprains, broken legs or short illnesses.

33. FAMILY - defined GISD Definition: • Spouse • Son or Daughter - Biological, Adopted, Foster Child, Son or Daughter In-Law, Stepchild, Legal Ward, or “who employee stands in loco parentis” • Parent, Stepparent, Parent-in-Law, or “who stands in loco parentis” to Employee • Sibling, Stepsibling, and Sibling-in-Law • Grandparent and Grandchild • Any person residing in the employee’s household at the time of illness or death FMLA Definition: • Spouse-Husband/Wife as Recognized by State Law • Parent – Biological, Adoptive, Step or Foster Parent ….or “who stood in loco parentis” • Son or Daughter – Biological, Adopted, Foster Child, Stepchild, Legal Ward, or Child of a Person Standing in Loco Parentis AND Under the Age of 18, or 18 or Older and Incapable of Self-Care Because of a Mental or Physical Disability T

34. FMLA (Family & Medical Leave Act) What is FMLA? Federal Law that Requires District to Provide Up to 12 workweeks of leave, without loss of any employment benefit accrued prior to the beginning of the leave, during any 12-month period for one or more of the following reasons: • Birth or adoption, including placement for foster care, of the employee's child and in order to care for the child, provided the leave is taken within 12 months of the birth, adoption, or placement of the child. • Care for the employee's spouse, child, or parent if the spouse, child, or parent has a serious health condition. • Employee's serious health condition that makes the employee unable to perform functions of his or her position. T

35. What is the purpose & importance of FMLA? Employee = Job Protection & Continuation of Benefits Employer = Retain Employees Assure Absences Do Not Go Beyond Allowed 12 Weeks Who is eligible? Any employee who has worked for the District for at Least 12 Months with no break in service longer than 7 Years (not consecutive 12 months), AND … Who has worked a minimum of 1,250 Hours in the Preceding 12 months How long does FMLA last? Up to 12 weeks in any 12-month period either: Continuous Intermittent Reduced Leave Schedule (reducing # of hours per week or day) T

36. How does it differ from sick leave? FMLA is NOT paid leave. It is “allowed” time off where available leave may be used concurrently, or FMLA may be UNPAID leave. When to Notify Human Resources IMMEDIATELY … As soon as you are “aware” that an employee is absent, or will be absent, for longer than 3 days due to illness of self or family member, contact Robin Imes (Tam McIntosh in her absence) AND ask the employee to contact the HR Office. If we have not heard from the employee, HR will then contact the employee regarding the details of their absence and determine whether they qualify for FMLA. HR will then notify Supervisor & Secretary and either … • Place the employee on FMLA and send paperwork, or • Send the employee a Notice of FMLA Denial T

37. Responsibilities for FMLA • Campus or Department • District must provide timely notice to employee of eligibility, available paid leave, requirement for medical certification, and information on employee rights and obligations under the FMLA. • For purposes of an employee's entitlement to family and medical leave, the 12-month period shall be July 1 through June 30 • Human Resources • District must continue paying for health insurance (employer portion) at the same level that was paid before the employee began leave. • Employees are entitled to be restored to the same or an equivalent position at the end of FMLA Leave. • Reinstatement is not required if the employee cannot perform the essential functions of the position, although a “reasonable accommodation” under ADA may be required. • Employee • The District shall require employees to use family and medical leave concurrently with paid leave and with temporary disability leave if applicable. • An employee shall provide at least 30 days' notice before FMLA leave is to begin if the need for leave is foreseeable based on the expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or of a family member. If 30 days' notice is not practicable, such as because of not knowing approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable. T

38. Procedures for FMLA • Notification of eligibility for FMLA - Notification from Campus/Department - Human Resources • Determining FMLA • Placement or Denial letter • Maintaining FMLA - Documentation from Physician … ONLY the HR Office may contact the physician for clarification of medical information and ONLY in certain circumstances. • Return to work – ORIGINAL Release from Physician T

39. PERSONAL WELLNESSPLAN • LEAVE is a Benefit for Employees • Employees are ENCOURAGED to use their Leave Benefits wisely – to their best benefit. • The District DOES NOT have a LWOP (Leave Without Pay) Policy. • Any leave taken for which leave balances are insufficientshall result in a deduction from the employee's paycheck commensurate with the amount of leave taken. • When an employee who has used more leave than they have accumulated, ceases to be employed by the District, the cost of the unearned leave days shall be deducted from the employee's final paycheck. Termination MAY result from UNPAID absences that are not protected by FMLA, TDL or ADA. T

40. Understanding TIME-OFF through Employee Access C

41. I am confused. What is this?!By clicking on each of the titles, you can see a report of all absences taken in each category. C

42. AESOP ABSENCE/LEAVE REPORTING & SUBSTITUTE CALLING SYSTEM • Overview of AESOP • AESOP WEB Training Tools • Creating Absences • Reconciling Absences if Needed C

43. AESOP Employee Information Sheet • Date ____________________ • Last Name ____________________ • First Name ____________________ • Campus ____________________ • Position ____________________ • Subject Taught ____________________ • Preferred Phone • Number • (area code+number) ____________________ Employees cannot choose PIN numbers!!! Numbers are assigned according to the availability of the combination of digits in the number. C

44. Reconciling Screen C

45. Reconciling of Employee Side • Check … • employee classification • job code • reason code • time missed • Reconciling Substitute Side • Check … • Substitute name • Date • Time worked • Running Reports C

46. Absence Verification Code Description C

47. Employee Absence Report C

48. AESOP WELCOME LETTERS Sample School 7/22/2009 Dear Pamela Adams, We have the pleasure of notifying you that Roberson Elementary School has implemented a new automated service that will greatly simplify and streamline the process of recording absences and finding substitutes. This service is called AESOP (Automated Educational Substitute Operator). The AESOP service will be available to you 24 hours a day, seven days a week. You may interact with the system either on the Internet at http://www.aesoponline.com, or by way of a toll-free automated phone line. How do I register with AESOP? 1. Simply dial 1-800-942-3767 . 2. Enter your Identification (ID) and PIN numbers. The information is as follows (Please notify the central office if your identification number listed below is not correct.) ID number - 8175735711 PIN number - 2154 3. Once you are logged in the system, you will be given prompts for the various menu choices. When you access the AESOP system over the phone for the first time, it is very important that you record your name and assignment for substitutes to hear. Please keep in mind that only your name and assignment should be recorded, (e.g. John Doe, 3rd Grade) as AESOP will play this recording to potential substitutes for all future absences you register. You will not be asked to record this information each time you register an absence. * When entering an absence, please wait until you receive a confirmation number before you terminate the phone call. Your transaction is not complete until you receive a confirmation number. You may also access AESOP on the Internet at http://www.aesoponline.com. Here you will be able to enter absences, check your absence schedule, update personal information, and exercise other features. If you have any questions, concerns, or comments; please feel free to contact the central office at (817) 408-4193 or AESOP at support@aesoponline.com. C

49. MANAGING SUBSTITUTES • IDENTIFICATION BADGES – SECURITY • DOCUMENTATION OF ISSUES & CONCERNS C

50. DOCUMENTS AVAILABLE • OUTLOOK – PUBLIC FOLDERS or WEBSITE: • Cancellation Form for Payroll Deductions/Direct Deposit • CSLB Enrollment Form • Criminal History Check Authorization Forms • Employment Application for Auxiliary Employees • ESN Form • ESN Guidelines • Name & Address Change Notification Form • Substitute Teachers Work Preference Listing • Tutor Hiring Procedures • Tutors Approved List T