Overview of Human Resources

1. Overview of Human Resources Paula Varnes Fussell, VP Human Resource Services Jan Eller, Associate Dean for Administrative Affairs, COM

5. Agenda • Baby Gator Child Development & Research Center • Benefits, Retirement and Leave • Classification and Compensation • Equity and Diversity (EEO and Title IX Officer) • Employee Relations • Recruitment and Staffing(academic personnel, employment and immigration Services) • Privacy Office • Training and Organizational Development

6. Baby Gator Child Development and Research Center Two locations: • Newell Drive and Lake Alice Enrollment: • ~290 children enrolled • Over 380 on the waiting list Center for Excellence in Early Childhood Studies (COM, COE, BG and others)

7. Benefits, Retirement and Leave • New hires, retirees, employees leaving the university, leave of absences • Health Insurance, voluntary benefits • Three retirement plans for faculty and staff • FICA Alternative for OPS/Temporary/Residents

8. 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

9. FMLA Family and Medical Leave Act

10. 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

11. 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)

12. 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

13. UF Policy (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)

14. Recent Leave Regulation Changes • Reduce vacation leave payment when leaving UF • Staff (TEAMS and USPS) • Provides funding for 3% salary increases • Other leave changes will be proposed this fall • Changes would provide funding for 3% faculty salary increases in January

15. Classification and Compensation

16. UF Employment Groups Staff Appointments • TEAMS (~6,900) • Technical, Executive, Administrative, and Managerial Support • USPS (~1,300) • University Support Personnel System • No new USPS after 1/7/03 • OPS • Other Personnel Services/Temporary

17. UF Employment Groups Faculty Appointments • Salaried Faculty (~4,900) • Adjunct Faculty (OPS/Temporary) Other Appointments • Residents • Fellows • Pre- and Post-Doctoral

18. UF Employment Groups Student Appointments • Student OPS • Graduate Assistants

19. Staff 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

20. 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

21. 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 – market, counter-offer, additional duties (temporary or permanent)?

22. Fair Labor Standards Act (FLSA) originally 1938 (updated in 2002)

23. Fair Labor Standards Act • 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

24. 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

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

26. Overtime • Even unauthorized overtime must be compensated if worked • NOTE: OPS employees must be paid for overtime worked

27. Minimum Wage • Federal - $7.25/hour • State of Florida (Student and OPS) - $7.31/hour • UF Staff Employees - $9.75/hour

28. Equity & Diversity How Federal Laws Affect Employment Decisions

29. 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)

30. 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 from 1960’s (Affirmative Action Plans) - Office of Federal Contract Compliance Programs (OFCCP)

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

32. Age Race Color Religion Pregnancy Veteran status Genetic Information Sex Disability National origin Marital status UF policy added sexual orientation, gender identity and expression Non-Discrimination

33. It’s Illegal to . . . • Refuse to hire or pay based on sex, age, race, or disability • Make employment decisions based on appearance, accent, religion or ethnic background • Discriminate based on citizenship status

34. Prevention of Sexual Harassment • It is the policy of The University of Florida to provide an educational and working environment for its students, faculty, and staff that is free from sexual harassment. UF has a zero tolerance policy for sexual harassment which prohibits any member of the University community—student, faculty, or staff—from harassing any other member or visitor. • Individuals who engage in such conduct will be subject to disciplinary action. • Reporting requirements: http://www.hr.ufl.edu/eeo/sexharassment.htm • All employees of the university are expected to complete the online training for the prevention of sexual harassment. http://www.hr.ufl.edu/eeo/training.htm

35. Recruitment and Staffing • GatorJobs – filling a vacancy • Faculty and Staff Search Waivers • E-Verify • Criminal Background Checks

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

37. 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

38. Faculty and Staff Recruitment (Search) Waivers

39. Recruitment Waivers Compliance Solution The Human Resource Services, in cooperation with the Office of the Provost, researched processes of UF peers within the Association of American Universities and developed procedures to improve compliance with federal Equal Employment Opportunity laws. These procedures limited and clarified appropriate exceptions to open and competitive faculty recruitments. 39

40. Recruitment Waivers Compliance Solution (continued) A multi-layer process for review and determination was established. Revised the existing tracking process to monitor trends and patterns. As a federal contractor, the University is required to comply with all federal equal employment opportunity laws which require fair, open and competitive searches, and consistent treatment of applicants. Non-compliance with federal EEO laws could result in cancellation, termination or suspension of Federal contracts. 40

41. Examples of Waiver Requests  Critical Hire  For a position deemed critical to the overall advancement of the University.  Degree Waiver  An appointment without the usual required academic degree to non-tenure accruing position.  Instructional Necessity  A time-limited appointment during an emergency situation.  Internal Search Only  For UF applicants only.  Named in Contract / Award (100%)  An appointment of person(s) named in and paid 100% from the contract or grant. 41

42. STAFF/TEAMS Recruitment Waivers • Recruitment waivers for TEAMS positions are rarely granted. • Less than 1% of TEAMS recruitments are granted waivers. • An example of a granted recruitment waiver request: A new faculty member is bringing a grant to UF and the perspective employee is specifically named in that grant. • An example of a request not granted: Moving a current OPS employee into a TEAMS position.

43. Examples of Waiver Requests  Special Professional Distinction  An individual with truly outstanding achievements and significant contributions.  Spouse or Domestic Partner Hire  An appointment in a dual career family or domestic partnership to enhance the hire/retention.  Target of Opportunity (record of inclusion)  The Recruitment Waiver Procedures and Form along with additional information regarding faculty recruitment and retention is available: http://www.aa.ufl.edu/Data/Sites/18/media/forms/waiver_procedures_form.pdf 43

44. Other Examples 1) No search may be required for an increase in FTE of an existing appointment. 2) Faculty appointments with an OPS/temporary title (adjunct faculty) do not require a search. 3) Post-docs: If competitively searched for original hire as post-docs they would not need a waiver to transfer as a research assistant professor or some similar title. 4) Some situations may only require an internal search. Examples may include assistant deans/ department chairs. 5) In general, a newly established position will require an external search. 44

45. 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

46. E-Verify • An employment eligibility verification system operated by the U.S. Department of Homeland Security (DHS)and U.S. Citizenship and Immigration Services (USCIS). • Implemented January 2010. • E-Verify checks information electronically against records contained in DHS and Social Security Administration databases.

47. What does E-Verify Mean to UF? • Executive Order 13465 required all federal contractors to participate in E-verify. • As a federal contractor, UF is required to perform E-verify checks on all newly hired employees. • To be in compliance, the E-Verify check must be performed by the end of the employee’s third workday.

48. What does E-Verify Mean to UF? • All employees, including adjunct faculty and graduate assistants, must sign the I-9 ON OR BEFORE the first day of employment. • All employees must produce documents proving authorization to work in U.S by the end of the third day of work. • Hires must be entered into the UF payroll system, which is now connected to E-Verify, by the end of the third workday.

49. What does E-Verify Mean to UF? • Penalties for not complying with E-Verify within 3 days of the hire include fines and loss of federal funding. • By law, employees who do not produce documents by the end of the third business day are not eligible to return to work and must be terminated.

50. Criminal Background Checks for New Employees