EMPLOYMENT LAW

1
EMPLOYMENT LAW

• 100 Compliance
• Effective Leave Management
• PPR Process-Work Improvement
• Student Employment Policies
• Baker Auditorium
• 830 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
• [phone]
• [phone] TDD
• [phone] 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 cant 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 PPRs 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
• [phone]
• (337) 475- 5722 Hearing Impaired (TDD)
• FAX [phone]
• E-mail humanresources_at_mcneese.edu
• DIRECTOR
• Charlene Abbott 475-5977
  cabbott_at_mcneese.edu
• HUMAN RESOURCES ANALYST
• Benita Malbrough 475-5362
  bmalbro_at_mcneese.edu
• ADMINISTRATIVE COORDINATOR
• Yvonne Jacobs 475-5105
  yvonne_at_mcneese.edu
• COMPLIANCE PROGRAM SPECIALIST
• Kim Dronett 475-5103
  dronett_at_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 Universitys 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.

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CONTACT INFORMATION

• Student Employment Office
• Student Employment Coordinator
• Deb Kingrey dkingrey_at_mcneese.edu
• Administrative Coordinator
• Liz Fuselier lfuselier_at_mcneese.edu
• Location Smith Hall, Room 106
• Phone [phone]
• Hearing Impaired (TDD) [phone]
• Fax [phone]