Transcript Myths, Wives’Tales & Urban Legends

MYTHS, WIVES’
TALES & URBAN
LEGENDS
DEBUNKING ER MISCONCEPTIONS
JUNE 2014
FIRST AMENDMENT
The Myth - “Everyone (staff, students, and parents) has the right to
assert their personal opinion, verbally or nonverbally, no matter how
offensive.”
The Truth - While every employee has a right to an opinion, when
acting as a representative of the District, employee actions are
governed by District policy and the Principles of Professional
Conduct for Florida Educators.
In addition, the First Amendment does not allow a person to engage
in any speech that will create a disruption to the orderly workings of a
school or that would be considered disparaging towards any other
person or protected class. As an organization we have the right to set
standards for behavior, including staff and student verbal and
nonverbal expressions.
IF I DIDN’T SEE IT, I
CAN’T DO ANYTHING
The Myth – “If I did not see a teacher yell at a student, it is
‘hearsay’ and I can’t address it.”
The Truth – You can (and should!) investigate. You should
collect witness statements and work with Employee
Relations to investigate and address the behavior.
“LIGHT-DUTY”
The Myth – “Custodians cannot have ‘light duty’, regardless of
what their doctor says.”
The Truth – 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 with any questions about the provision of
accommodations or modifications.
“LIGHT-DUTY”
The Myth – “If someone brings in a doctor’s note with restrictions,
I may need to modify their assignment in order for them to return
to work.”
The Truth – Yes, 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.
PERFORMANCE
ISSUES
The Myth – “I don’t need to document a probationary employee.”
The Truth – When an employee is hired, they sign an agreement
that they understand that they can be released from employment
during their probationary period without cause, however,
documentation of performance or behavior concerns can be used
to refute any claims that the employment action was motivated by
discrimination or other protected act.
PERFORMANCE
ISSUES
The Myth – “I can’t issue a letter to an employee if I’ve already
evaluated them as satisfactory.”
The Truth – Ugh. Awkward-yes, but if an employee’s behavior or
performance warrants a letter, either formal or informal, then it
should be issued, regardless of previous performance
documentation. However, if the concern presents before the
evaluation, it should be considered in subsequent ratings.
LETTER WRITING
The Myth – “ER will develop any formal or informal letters that
you need, just call them with your specific concerns.”
The Truth – Every administrator is expected to be able to conduct
a disciplinary meeting and to summarize the meeting in a
conference note or letter. However, the ER staff can provide
examples of formal and informal letters if an administrator needs a
guide. Some situations may call for ER staff to support you in an
employee meeting.
Administrators should ask ER to review any formal documentation
for content and clarity prior to issuing it to the employee.
USEP RIGHTS
The Myth – “USEP has the right to present organization
information at faculty meetings.”
The Truth – Not at your faculty meeting. Contract language
(below) provides as follows regarding USEP’s ability to hold
meetings with your faculty.
The Union may use school building facilities for meetings upon
prior approval of the school principal. Approval will be withheld
only for good and sufficient reason, which shall be stated to the
person making the request. In each school, for a maximum of five
(5) times per year, a meeting called by the Union for that school's
teachers may be scheduled during fifteen (15) minutes of the
teacher workday provided that such a schedule does not interfere
with student contact time.
USEP RIGHTS
The Myth – “I can’t meet with an employee without USEP
representation.”
The Truth – Wrong. Employees have the right to representation,
including USEP, at any meeting which is disciplinary in nature or
could lead to a disciplinary action. When scheduling such a
meeting, you can either inform the employee of the topic of the
meeting, notify the employee that he/she can bring representation
(Union or otherwise), or both.
ER OFFICE
The Myth – “ER responds to all employee questions.”
The Truth – There are many things that the Office for Employee
Relations’ doesn’t handle including leaves, Sick Bank, and pay
checks. Employees get frustrated when they call for information
and have to be transferred to another department, especially
when they’ve been told to call ER.
If you’re not sure which department can respond to an employee’s
question, please investigate before providing the employee with
contact information. We’re happy to assist you with finding the
proper department to assist you.
LEAVE TIME
The Myth – “If an employee has accumulated vacation time, I
can’t deny their request for time off.”
The Truth – Administrators have a responsibility to maintain
sufficient staff to sustain the orderly operations of the worksite. If
granting a leave request would result in a significant disruption, it
can be denied with an explanation that the employee can
resubmit the request with different dates. Employees are eligible
for time off but not always entitled to take it.
If there is a date that several employees have requested off, we
recommend implementing a “first asked, first approved” policy. If
two employees submit a request at the same time and only one
can be approved, you can use seniority status to determine who
gets to use the vacation time.