1. New Administrator HR Top Tips August 2013

2. HR Alphabet Soup  FLSA Workers’ Comp HQ FMLA EEOC Unemployment Leaves Drug Screenings ADA Sexual Harassment Investigations Benefits and Employment Policy Manual: www.ncpublicschools.org/fbs/personnel/benefits 2

3. Fair Labor Standards Act Top Ten Points for Educators 10) Teachers, administrators, guidance counselors and other certified staff are exempt from the rules of FLSA 9) Assistants, custodians, bus drivers, secretaries and other hourly staff are non- exempt employees. 3

4. FLSA- Top Ten Continues… 8) Overtime pay occurs when an employee is paid for more than 40 hours. It is paid at straight time (normal hourly rate) if the employee physically worked less than 40 hours (ex.: holiday or annual leave). It is paid at one and one-half times the normal rate if over 40 hours. Legally, we could award comp time at one and one-half times, but CCS chooses not to create this liability; do not incur overtime if no funds 4

5. FLSA- Countdown continues…  ) FLSA does not require that employers provide breaks. If breaks are given, employees remain on the clock (CCS gives custodians two, 15-minute breaks)  6) Meal Periods: Employee is completely relieved of all duties; meal must be at least 30 minutes; free to leave desk 5

6. FLSA- The Countdown Continues  5) Overtime is based on hours in the week and not hours in the day  4) Non-exempt employees must be compensated for doing their job after normal hours, or any job closely related, after hours  3) Non-exempt employees may be allowed to volunteer after hours if not too closely related to their main job.  2) Administrators can be held liable if they know about unpaid work or have reason to believe it is occurring 6

7. And the Number 1 FLSA Point Is… As an administrator, we are exempt and work the hours necessary. Informal, non-FMLA “swap” time can be requested through your coach for a weekend field trip or state (not conference) championship weekend sports event 7

8. The Bermuda Triangle The Bermuda Triangle is an area in the Atlantic Ocean in which an unusually high number of ships and planes have disappeared. The Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and Workers’ Compensation – are so complicated as they interact, many HR professionals often refer to these three laws as the Bermuda Triangle of Employment Law. 8

9. ADA The ADA prohibits discrimination against applicants and employees who are “qualified individuals with a disability”.  What is a qualified person with a disability? Person with a physical or mental impairment that substantially restricts one or more of the major life activities of such individual, a record of such impairment, or regarded as having such an impairment  Major Life Activities: Caring for self, manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, bodily functions, etc.  Employer cannot refuse to hire a worker based on their disability if can reasonably accommodate; not required to lower quality or production standards  No Medical Inquiries until after an offer of emp. Can ask about ability to perform the job with or without reasonable accommodations  Examples of Reasonable Accommodations: ◦ Hiring a sign language interpreter for a job interview or staff meeting ◦ Allowing a worker with diabetes to eat at his/her desk to maintain the employee’s sugar levels ◦ Job restructuring of marginal duties and modifying work schedules 9

10. FMLA An eligible employee (12 months of 1250 hours) is entitled to 12 work weeks of unpaid leave (consecutive or intermittent) during any 12- month period- CCS uses “rolling year” Used for birth, adoption, or serious health condition of self, spouse or parent Serious health condition: Any medical condition that makes the person unable to perform the duties of their job such as inpatient care, continuing or multiple treatment, pregnancy or incapacity of more than three days 10

11. Workers’ Comp Located with Lisa Holloway, reporting to Donna Smith (704-262-6130) Common Claims: PTA events, lifting, falling No compensation for the first 7 days, unless the disability exceeds 21 days 2/3rd’s of regular salary Employee fills out form; supervisor signs; report instances requiring treatment to Lisa Holloway; Directed care to OccMed 11

12. Addressing Absenteeism Consult with HR first if FMLA/ADA /WC related**** Verbal discussion first and opportunity for response Documenting non-FMLA/ADA: “Maintaining good attendance is a condition of employment and an essential function of the job”/ Cite dates,weeks/Cite negative impact of the absences, such as work disruption/Cite prior conferences or memos/Cite patterns if any/Expectations: Failure to provide immediate and sustained improvement in attendance may result in further disciplinary action up to and/or including dismissal /Can require doctor note equitably 12

13. Progressive Discipline Verbal Conference State the Concern Capture the Employee’s Response (Acknowledge, Deny, Extenuating Issue) State the Finding and Expectation Quoting Specific CCS Policy, Handbook, Code of Ethics Ask for and Agree on a Solution Email or Note to File on Conversation with Date, Persons Present, Discussion, Decision Follow up w/Positive Reinforcement or Address Relapse 13

14. Progressive Discipline Written Reprimand Conference, Follow with Written Reprimand State the Continuing Concern with Specific Examples and Times/Dates Cite Specifics of Prior Conferences/Memos and Agreed-upon Solutions, if any Again Review Expectation and Specific Policy Cite the Negative Impact on School Cite Patterns, if any Cite Potential Consequences (Failure to Show Immediate and Sustained Improvement May Result in Further Disciplinary Action Up to and/or Including (Recommendation for Termination/Dismissal/Discretionary Action Plan) Will be Placed in Personnel File in 5 Days and Right to Respond Signatures 14

15. CCS Policies to Know and Use 7200: Professional Standards of Conduct and Performance for Teachers 7205: Standards of Professional Conduct 7300: Staff Responsibilities 7505: Workday Consult with HR if Related to Absences (FMLA) or Work Hours (FLSA) 15

16. Investigations If it is a reportable offense or serious crime, consult first with law enforcement as they may wish to lead the investigation; report to HR and C. Lowder Tenure or a contract is a “property right” Due Process Guarantees: – Suspension with Pay supports due process – Employees are entitled to a process and reason – EEOC and Legal Authorities want to see engagement of the employee in discussion – If could appear discriminatory, involve HR or a disinterested party – If employee feels “forced” to resign, can be due process violation 16