Department Chairs and Directors as Managers of Human Resources

Paula Varnes FussellVice President Human

Resource Services

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

www.hr.ufl.edu

UF Employment GroupsStaff Appointments TEAMS

Technical, Executive, Administrative, and Managerial Support

USPS University Support Personnel

System No new USPS after 1/7/03

OPS Other Personnel Services

UF Employment GroupsFaculty Appointments Salaried Faculty Adjunct Faculty (OPS)

UF Employment GroupsStudent Appointments Student OPS Graduate Assistants

Other Appointments Residents Fellows

Pre- and Post-Doctoral

Federal Legislation

Equity & Diversity

How Federal Laws Affect Employment Decisions

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)

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)

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

Non-Discrimination

Age Race Color Religion Pregnancy Veteran

status Genetic

Information

Sex Disability National

origin Marital

status UF policy

adds sexual orientation

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

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

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?”

FLSAFair Labor Standards Act

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

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 Florida’s minimum wage: $7.21 per hour on January 1, 2009

Used as a minimum for all OPS hires, including students

UF’s established minimum: $9.75 per hour

Used as a minimum for all TEAMS/USPS hires

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

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

Overtime

Even unauthorized overtime must be compensated if worked

NOTE: OPS employees must be paid for overtime worked Not eligible for compensatory

leave

FMLAFamily and Medical Leave Act

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

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)

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

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)

Staff Classification and Compensation

Framework

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

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

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

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?

Filling a Vacancy Vacant faculty and staff positions

are posted via GatorJobs.

Filling a Vacancy

GatorJobs Vacancy Listing

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

General Benefits Info

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

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 

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 31 calendar days of the QSC

Need documentation

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

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

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

Rehired Retirees

New state and university requirements

State guidelinehttps://www.rol.frs.state.fl.us/

forms/reminder.pdf UF form http://www.hr.ufl.edu/

recruitment/forms/rehire_request.pdf

Staff Performance Appraisals

UF’s performance appraisal system is designed to

improve communication between supervisors and

employees

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

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

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

Labor Relations at UF

Union Representation

AFSCME GAU PBA UFF

Collective Bargaining Agreements/Contracts Define working conditions Drive salary increases Provide grievance

procedures

Typically three years in duration, with reopeners

Discipline

UF encourages all staff members to contribute to a

positive and productive work environment

Progressive Discipline

Oral reprimand Written reprimand Suspension Dismissal

Appealable Actions

Predetermination Conference Option to Arbitrate

Complaints & Grievances Various options for faculty and

staff Includes internal and external

reviews   UF Regulations http://regulations.ufl.edu/

chapter3/ Union Contractshttp://www.hr.ufl.edu/labor-

relations/default.asp

Additional Actions

Non-reappointments/Non-renewals Not considered disciplinary

TEAMS Appointments

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

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 appointment—no probationary periods—if employee has completed initial 6 months at UF

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

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

Today, We Discussed:

Important legislation Classification and

compensation framework for staff

General benefits information Performance evaluations and

progressive discipline TEAMS appointments and

labor relations

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

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

Thank You!

Paula Varnes FussellVice President Human

Resource Services