an overview of common employee relations issues june 2015
TRANSCRIPT
How do I handle employee complaints? How do I know when an employee needs to
submit a request for ADA accommodations? What do I do when I get a public records
request? What do I need to know about my hourly-
wage employees? Exempt v. Non-exempt When and how much is USEP involved in
administrative decisions? What do I need to know about labor
negotiations?
What We Will Cover
What is there to complain about? Pay Benefits Work rules and procedures Workload/Schedule Facility/Comfort Coworkers/Supervisors Students/Parents Favoritism/Fairness
Employee Complaints
Employees are expected to perform their work efficiently, effectively, and demonstrate civil behavior in the workplace.
Supervisors are expected to set examples by their own conduct, attitudes, and work habits.
Inappropriate behavior can not be ignored. It is the supervisor’s obligation to take prompt, appropriate action.
Collegial Behavior
Behavioral standards can be found:◦ Nondiscrimination and Equal Employment
Opportunity Policies (1122,3122,4122)◦ Respect and Civility Policy (1380, 3380, 4380)◦ Code of Ethics of the Education Profession in
Florida◦ The Principles of Professional Conduct of the
Education Profession in Florida◦ Master Contracts◦ Employee Handbooks
Performance & Behavior Standards
Attendance – addressing it equitably◦ Satisfactory performance is characterized by being at work a
sufficient number of days to accomplish the essential tasks of the position without having to distribute to other employees or to delay those essential tasks.
◦ Satisfactory performance is generally characterized by not exceeding during an annual period the combined number of sick or vacation days which are earned by an employee during that period. While unexpected illnesses or other circumstances which may entail prolonged absences are understandable, frequent absences and/or questionable absences which result in hardship to other employees or which result in the delay of essential tasks can result in documentation of unsatisfactory performance. (Provisions of FMLA, ADA, Workers Comp., etc. must be considered.)
Performance & Behavior Standards
Low-intensity deviant behavior, not based on a protected class, with the ambiguous intent to harm the target.
Uncivil behaviors are characteristically rude and discourteous, display a lack of regard for others, and show a lack of respect for the target.
Examples of incivility include making insulting comments, spreading false rumors, social isolation, and abrasive communication.
Workplace Incivility
Are behavioral issues that are investigated and addressed at the worksite by the administrator.
Complaints of administrator incivility are referred to the next supervisory level.
Like all other behavioral issues, progressive discipline is used to determine the appropriate response to issues of workplace incivility.
Complaints of Workplace Incivility
Used to document an allegation of:◦ discrimination◦ unlawful harassment based on sex/gender, race,
color, national origin, religion, disability, marital status, genetic information, age or any other characteristic protected by law
◦ Bullying
Complaint process and all forms are available on the Employee Relations’ website
Formal Complaints
A qualified individual with a disability must have the same opportunity and not be discriminated against in any employment practice.
Reasonable accommodations are provided to a qualified individual, when necessary, to enable the individual to perform the essential functions of the position.
ADA information and forms are available on the Employee Relations’ website.
ADA Accommodations
Every decision regarding job/duty modification should be made on an case-by-case basis. Guiding questions include significance of restrictions, duration of restrictions, and the employee’s ability to safely perform most essential job tasks. If accommodations are needed (tools or supports) the employee must submit completed ADA paperwork.
Contact ER to discuss all reported restrictions.
“Light-Duty”
You may modify assignments for short duration. Please call the Office for Employee Relations if an employee brings a doctor’s note with restrictions. If the doctor indicates that there are permanent restrictions, or significant limitations that will prohibit the employee from successfully performing the duties of the job, the employee may need to find another position within the District.
Modifying assignments may reduce the number of hours that an employee is able to work.
“Modified Assignment”
When the employee self-reports that s/he has physical restrictions
When a doctor has indicated that the employee has physical restrictions
When we have concerns that an employee may be a person with a disability and in need of accommodations
DOCUMENTATION MUST BE SUBMITTED AND REVIEWED PRIOR TO THE PROVISION OF ANY
ACCOMMODATIONS
When does an employee need to submit ADA documentation?
“Public Records” are defined in State statutes; however, “public records” do not include student records, medical records, trial preparation records, confidential law enforcement investigatory records, records of release of which is prohibited by State or Federal law, and any other exceptions set forth in Florida Law.
Any individual may inspect and request copies of public records of this District during the regular business hours of the office in which such records are maintained.
A custodian of public records and/or his/her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith.
Requests for information should be forwarded to:◦ Linda Cobbe, Director, Communications & Government Relations
Public Records Requests
Are conference summaries and other informal documentation public records?
Are your notes or ER’s notes regarding employee investigations and/or discipline public records?◦ The complaint and material relating to the
investigation of a complaint against a public school system employee are confidential until the preliminary investigation is either concluded or ceases to be active. F.S. 1012.31(3)(a)1.
Public Records Requests
Every SRP is entitled to a 30 minute lunch? Every NNB is entitled to a 30 minute lunch? Custodians are paid during their lunch period? Custodians are permitted to leave the worksite
during their lunch? Worksite supervisors can permit lunches to last
for more than 30 minutes?
Lunch Time - True or False
In general:◦ Breaks are not to be attached to the start or
end of the workday.◦ The SRP/NNB should not leave the worksite
during breaks. ◦ The worksite supervisor can schedule breaks, or
permit the employee to schedule their own breaks.
◦ Exceptions can be made, but not on a regular basis unless approved by the worksite administrator.
How About Breaks?
6-8 hour employees get two (2) fifteen (15) minute breaks
3-5.99 hour employees get one (1) fifteen (15) minute break
0-2.99 hour employees do not get a break
How Many Breaks?
Exempt from:◦ Minimum wage◦ Overtime pay protections
Pay based on the work they do, not the hours they keep.
Includes: Administrative employees (principals, APs, supervisors, managers)Learned professionals (teachers)
Exempt Employees
SRP, including FNS staff, custodial staff, IAs, bus drivers and transportation assistants, as well as many NNB, including Secretaries, Bookkeepers, Data Entry Operators, Attendance/Discipline Assistants, are currently eligible for overtime.◦ This means that all time worked in excess of 40
hours per week is paid at 1.5 times the employees rate of pay.
◦ Permission to work beyond an employee’s scheduled hours must be obtained from the worksite administrator.
Fair Labor Standards Act - Overtime Pay
If an employee comes in to work an hour early without being asked to do so by a supervisor, but you know they are there working extra time, must they be paid for the extra time worked?
If you tell an employee to finish a job and then head home for the night, and the employee later claims it took them 2 hours beyond their normal shift to finish the work, must they be paid for the extra time worked?
Fair Labor Standards Act - Overtime Pay
Tell Non-exempt Employees◦ They should be arriving to work no more than
10 minutes before the start of their shift and leaving no more than 10 minutes after their shift is completed.
◦ Employees who arrive early to work should not be permitted to perform any work related duties until their shift starts.
◦ Working past scheduled hours is not permitted unless otherwise authorized.
Fair Labor Standards Act - Overtime Pay
What About Flex Time?◦ Must be agreed upon by both the worksite
supervisor and the employee◦ Must be used within the work week it was
accumulated◦ No employee should be permitted to have time
“on the books”
Fair Labor Standards Act - Overtime Pay
It is considered to be a federal crime to intentionally misstate the hours worked on a time sheet?◦ Employees should always indicate when they started
work and when the stopped work, regardless of what their scheduled shift is.
◦ If employees work unauthorized additional time, it should be documented and addressed with the employee, not changed on the time sheet.
Fair Labor Standards Act - Did You Know?
Non-instructional, non-bargaining staff Not under any collective bargaining
agreement (contract) Usually non-exempt employees (eligible for
overtime pay) Includes:
◦ Plant Managers, FNS, Bookkeeper, Confidential Secretaries
What is NNB?
Any employee required to attend a meeting called by the worksite supervisor or designee for the purpose of a reprimand or for action leading to suspension or for an investigatory interview shall have the right of Union or other representation at such meeting.
A worksite supervisor or designee holding a meeting for the purpose of a reprimand or for action leading to suspension or for an investigatory interview shall stop the meeting until representation can be obtained if the employee requests representation.
The right to representation does not apply to conferences relating to observation or evaluation of work responsibilities unless the meeting is called by the worksite supervisor or designee for the purpose of issuing a formal/informal NEAT letter and/or unsatisfactory evaluation or if the meeting could lead to this.
USEP Guidelines
USEP may discuss Union issues:Before or after the workdayDuring a duty-free lunch IF all members
participating in the conversation are also on duty-free lunch
USEP may NOT discuss Union issues:During faculty meetingsDuring PLC timeDuring planning timeDuring their contracted work day with the
exception of a duty-free lunch
USEP Rights
Wages, hours, terms and conditions of employment◦ We CAN’T change wages (promise bonuses)◦ We CAN’T change the length of the work day
(even if everyone on site agrees)◦ We CAN’T arbitrarily implement rules without
negotiating (i.e. use of personal days, reassigning staff to different positions, teacher evaluation timelines)
What does the contract cover?