Transcript Personnel Manuals - National Association of Counties

PERSONNEL MANUALS:
CONSIDERATIONS for
ASSOCIATIONS
Diana Cecil, SPHR
Human Resource Consultant
Texas Association of Counties
NACO – Washington DC
March 5, 2012
Objectives
• Identify the purpose and limitations of
personnel manuals
• Create an awareness of the benefits
and liabilities of personnel manuals
• Determine the importance of content
and legal compliance issues
Benefits of Personnel Manuals
• A valuable communication tool
• Pre-determined and defined decisions
• Promotes legal compliance with federal
and state employment laws
• Promotes consistent treatment for all
employees
Personnel Manual Purposes Served
• They help employees understand
the association’s philosophy
• They inform employees about
conditions of their employment
• They explain the benefits available
to all employees
Potential Liabilities
• May erode employment at-will doctrine
• Require careful annual updating
• May be poorly written
• May not cover all key areas
• May not be followed consistently
• May bind the association unintentionally
Disclaimers are Important
• This is not a contract – no employment
guaranteed
• This is only a set of guidelines
• This does not alter employment at-will
doctrine
• This can be changed at any time with or
without notice
Fair Labor Standards Act - FLSA
The FLSA does six things:
• Sets minimum wage
• Establishes overtime pay requirements
• Sets recordkeeping requirements
• Sets equal pay for equal work
• Restricts child labor
• Requires breaks for nursing mothers
No minimum number of employees
Fair Labor Standards Act - FLSA
What’s different for counties:
• Compensatory time allowed
• Law Enforcement allowed a partial
overtime exemption called the 207(k)
exemption
• Exempt employees allowed to have
“partial day docking” due to public
accountability
American’s with Disabilities Amendments Act 2008
The ADAAA does the following:
Prohibits employers from discriminating
against employees with disabilities. It
requires:
• Interactive process
• Reasonable accommodation unless
undue hardship exists
Minimum number of employees is 15
American’s with Disabilities Amendments Act 2008
What’s different for counties:
Same for all organizations – differences lie
in the ability to make the reasonable
accommodation
• Size of organization
• Financial resources of organization
• Nature and structure of operation
Title VII of the Civil Rights Act - 1964
Title VII makes it unlawful to discriminate based on
an employees:
• Race
• Color
• Religion
• Sex
• National Origin
• Amended by the Pregnancy Discrimination Act to
protect employees who are pregnant
Minimum number of employees is 15
Title VII of the Civil Rights Act - 1964
What’s different for counties:
Same for all organizations
• Implement policies prohibiting
• Train all supervisors to limit your liability
The Age Discrimination in Employment Act 1967
ADEA protects both applicants and
employees who are over the age of 40
from discrimination based on age
• Counties must comply same as any other
organization
Minimum number of employees is 20
Family Medical Leave Act - FMLA
The FMLA requires:
• Employer to grant qualifying employees
up to 12 weeks of unpaid leave for
Birth or care of child, foster child or
adoption of child
Care of spouse, parent or child for
serious health condition
Employees own serious health condition
Minimum number of employees is 50
Family Medical Leave Act - FMLA
The FMLA requires:
• Employer to grant qualifying employees
up to 12 weeks of unpaid leave for
Military exigency leave
Military care giver leave
Family Medical Leave Act - FMLA
Other FMLA requirements:
• Employee must have worked for employer
for 12 months (not consecutive)
• Employee must have worked for 1250
hours in the past 12 months
NOTE: 11 states have enacted their own
FMLA laws California, Minnesota, Vermont, Connecticut,
New Jersey, Washington, Hawaii, Oregon, Wisconsin, Maine,
Rhode Island
Family Medical Leave Act - FMLA
What’s different for counties:
Under federal FMLA all public agencies are
covered, they must post the federal
poster and respond to FMLA request
when asked. They do not have grant
leave unless all the eligibility parameters
are met, including the 50 employees.
The Occupational Safety and Health Act OSHA
OSHA states that an employer "shall furnish to
each of its employees conditions of employment
and a place of employment free from recognized
hazards that are causing or are likely to cause
death or serious injury or harm to its
employees.”
OSHA enforces regulations which require
employers to undertake specific safety and health
precautions and has specific monetary penalties.
No Minimum Number of Employees
The Occupational Safety and Health Act OSHA
To help assure a safe and healthful workplace, OSHA also
provides workers with the right to:
• Ask OSHA to inspect their workplace
• Use their rights under the law without retaliation and
discrimination
• Receive information and training about hazards, methods to
prevent harm, and the OSHA standards that apply to their
workplace. The training must be in a language you can
understand
• Get copies of test results done to find hazards in the
workplace
• Review records of work-related injuries and illnesses
• Get copies of their medical records
The Occupational Safety and Health Act OSHA
What’s different for counties:
Currently, 25 states exercise some level control over
occupational safety and health in their states and include
local public sector workplaces. They are:
Alaska, Arizona, Arkansas, California, Connecticut,
Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan,
Minnesota, Nevada, New Jersey, New Mexico, New York,
North Carolina, Oregon, South Carolina, Tennessee, Utah,
Vermont, Virginia, Washington, Wyoming
Other Law’s That Matter
• Uniformed Services Employment and
Re-employment Rights Act – USERRA
• Consolidated Omnibus Budget
Reconciliation Act – COBRA
• Genetic Information Non-Discrimination
Act -2008
Other Compliance Issues
• Equal Employment Opportunity
• Employment At-Will Status
• Sexual & General Harassment – Hostile
Environment
• Workers’ Compensation
• Drug Free Workplace
What Else to Include?
• Benefits
• All types of time off
• Pay issues
• Safety
• Discipline
• Terminations
What Else to Include?
• Employee Expectations
- Tardiness/Absenteeism
- Conflict of Interest
- Performance Standards
What Else to Include?
• Social Media Policies
• Cell Phone Policies
• IRS Fringe Benefit Policies
• Computer Policies
• Unique Issues for Your Association
What Not to Include
• Permanent Employees
• Probationary Periods
• Just Cause – For Cause
• Property Interest Statements
• Annual Salary Statements
Signed Employee Receipts
• Each employee should receive a
copy of the manual
• Each employee should sign an
acknowledgement
• Each employee should sign for
receipt of new and revised policies.
In Summary
Your association personnel manual should:
• Explain written rules, benefits, and
expectations for all employees.
• Be communicated to each employee.
• Be reviewed regularly and revised as needed.
• Be compliant with all federal and state laws.
Questions?
PERSONNEL MANUALS:
CONSIDERATIONS for
ASSOCIATIONS
Diana Cecil, SPHR
Human Resource Consultant
Texas Association of Counties
NACO – Washington DC
March 5, 2012