Disclaimer. This presentation is intended as general information only and does not carry the force of legal opinion.

Transcription

1 Human Resources Basics & FMLA Basics for Business Officials NMSBO Fall Conference 2017 By Ramon Vigil, Jr. Educational Consultant/ Retired Supt. Disclaimer This presentation is intended as general information only and does not carry the force of legal opinion. 2 1

2 Why do Business Officials need to know about HR? It takes a team... The more you know... Business Managers/ CFOs will supervise... 3 It Takes a Team... Central Office Team w/ Business Supt. / Board of Education Personnel Instruction Support Operations Don t forget our business is EDUCATION! 4 2

3 The more you know... The better you can prepare for what s coming! 5 The Business Manager/CFO will supervise... Employees in the Business Office / Department Will be directly involved in the hiring, supervising, directing, and decisions regarding recommendations for rehire or termination. 6 3

4 New Mexico Statutes Chapter 22 - Public Schools Article 10A - School Personnel Act new-mexico/2016/ chapter-22/article-10a/ 7 PERSONNEL ACTION MUST BE Lawful Ethical Practical Lawful Ethical Practical 8 4

5 Hiring Process Application Interview (What can you ask?) References / Background Checks Vacancy Notice & Local Hiring Procedures Use of Committees Notification to Applicants The School Personnel Act does not address

6 Supervision/Evaluations Purpose Procedures governed by Statutes, PED Regulations, Local Board Policy, Union Contract Statute 22-10A-30 PED Regulations 6 NMAC

7 Cycle of Supervision Specify Purpose & Criteria Train Teachers (Employees) & Administrators (Supervisors) Pre-Conference Conduct Multiple Observations Conduct Conferences Identify Professional Development Areas PDP or PGP 13 Cycle of Supervision (Cont.) Design Professional Development Plan (PDP) Provide PDP Assistance Determine Growth of Professional Development Areas 14 7

8 15 Cycle of Supervision IF THE SUPERVISOR CONSIDERS WORK PERFORMANCE UNSATISFACTORY, NOTICE SHOULD BE GIVEN TO THE EMPLOYEE OF THE POSSIBILITY FOR DISCHARGE, TERMINATION OR NON-RENEWAL!!!!!!!!!!!!!!!!!!!!!!!!! 16 8

9 Unsatisfactory Work Performance v. Misconduct Use Cycle of Supervision to identify and address unsatisfactory work performance Use Investigation Procedures / Interviews w/ employees for Misconduct 17 Know the Difference Tenured v. Non-tenured employees Certified v. Non-Certified employees Term Contract v. At-Will Contract 18 9

10 Termination / Discharge Definitions Discharge 22-10A-2(A) Termination 22-10A-2(E) Just Cause Other 22-10A-2(G) 19 NM Statutes Discharge; Sections 22-10A-27 and 28 Termination; Sections 22-10A-24 and 25 Notice of Reemployment; Termination Section 22-10A-22 (licensed instructors) Reemployment; Acceptance; Rejection; Binding Contract; Section 22-10A-23 Excepted Employees; Section 22-10A

11 21 License/Background Checks Required 22-10A-3 Licensed employee must hold (or fully applied for) license within the first 3 months of employment A-5 Criminal background checks required for all applicants offered employment and employees of contractors with unsupervised access to students 22 11

12 Principals 22-10A-18 Duties of the Principal 22-10A-19 Evaluation, accountability and performance of Principals 23 Staffing Patterns/Class Loads 22-10A-20 K may not exceed 20 class (15-20 = I.A) 1,2, &3 average may not exceed 22 / school 1 st with 21 or more = I.A. 4,5, & 6 average may not exceed 24 / school 7-12 may not exceed 160 English may not exceed 135 or 27 / class S.E., band, music, waivers, etc

13 Contacts / Duration 22-10A-21 Certified/Licensed Employees 1 yr Admin. / Teachers up to 3 yrs No implied promise of continued employment At-will contracts may be used for noncertified, non-tenured employees, coaches & extra-curricular assignments

14 Contact Information Ramon Vigil, Jr. Educational Consultant/ Retired Supt./ Retired Attorney FAMILY MEDICAL LEAVE ACT (FMLA) Basics NMASBO FALL CONFERENCE 2017 Ramon Vigil, Jr. Educational Consultant/ Retired Supt./ 14

15 Disclaimer This presentation is intended as general information only and does not carry the force of legal opinion. 29 Introduction to the FMLA Purpose Balance work and family life Promote economic security of families and serve national interest in preserving family integrity Shared Responsibilities Communication is key Workers should not have to choose between the job they need and the family members they love who need their care 30 15

16 FMLA What does FMLA do? Entitles eligible employees of covered employers to take Unpaid, Job-Protected Leave For Specified Family and Medical Reasons With Group Health Insurance Coverage with same terms and conditions as if the employee had not taken leave 31 Eligible Employees are Entitled to: 12 Workweeks of leave in a 12 month period for The birth of a child and to care for the newborn child within one year of birth; The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; To care for the employee s spouse, child, or parent who has a serious health condition; 32 16

17 Eligible Employees are Entitled to: (continued) 12 Workweeks of Leave in a 12-month period for: A serious health condition that makes the employee unable to perform the essential functions of his/her job; Any qualifying exigency arising out of the fact that the employee s spouse, son, daughter, or parent is a covered military member on covered active duty 33 Eligible Employees are Entitled to: (Military Caregiver Leave) 26 Workweeks of Leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemen s Spouse Son Daughter or Next of kin 34 17

18 Covered Employers Private sector employers with 50 or more employees Public Agencies Public and private elementary and secondary schools 35 Employee Eligibility Employed by covered employer Worked at least 12 months Have at least 1,250 hours of service during the 12 months before leave begins 36 18

19 Qualifying Family Members Parent a biological, adoptive, step or foster father or mother, or someone who stood in loco parentis to the employee. For FMLA purposes does not include in-laws. Spouse a husband or wife as defined or recognized in the state where the employee was married and includes individuals in a same-sex marriage or common law marriage. Son or Daughter a biological, adopted or foster child, a stepchild, a legal ward, or a child or person standing in loco parentis who is either under 18 yrs of age or older and incapable of self-care because of a mental or physical disability. 37 FOR THE BIRTH OR PLACEMENT OF A CHILD Both the mother and father are entitled to FMLA leave for the birth or placement of the child and/or to be with the healthy child after the birth or placement (bonding time) Employees may take FMLA leave before the actual birth, placement or adoption Leave must be completed by the end of the 12-month period beginning on the date of the birth or placement 38 19

20 Serious Health Condition Illness, injury, impairment or physical or mental condition involving: Inpatient Care, or Continuing Treatment by a Health Care Provider 39 INPATIENT CARE An overnight stay in a hospital, hospice, or residential medical facility Includes any related incapacity or subsequent treatment 40 20

21 CONTINUING TREATMENT BY A HEALTH CARE PROVIDER Incapacity Plus Treatment Incapacity for more than 3 consecutive, full calendar days Pregnancy Chronic Conditions Permanent/Long-term Conditions Absence to Receive Multiple Treatments 41 CHRONIC CONDITIONS Any period of incapacity or treatment due to a chronic serious health condition, which is defined as a condition that: Requires periodic visits (twice per year) to a health care provider for treatment Continues over an extended period of time May cause episodic rather than continuing period of incapacity 42 21

22 INTERMITTENT LEAVE OR REDUCED SCHEDULE LEAVE FOR: Employee s or qualifying family member s serious health condition when the leave is medically necessary Covered servicemember s serious injury or illness when the leave is medically necessary Leave to bond with child after the birth or placement must taken as a continuous block of leave unless the employer agrees to allow intermittent or reduced schedule leave 43 SUBSTITUTION OF PAID LEAVE Substitution means paid leave provided by the employer runs concurrently with unpaid FMLA lave and normal terms and conditions of paid leave policy apply Employees may choose, or employers may require (by policy), the substitution of accrued paid leave or unpaid FMLA leave Employee remains entitled to unpaid FMLA if procedural requirements for employer s paid leave are not met 44 22

23 EMPLOYER RESPONSIBILITIES Provide notice Maintain group health insurance Restore the employee to the same or equivalent job and benefits Maintain records 45 MAINTAIN GROUP HEALTH PLAN BENEFITS Group health plan benefits must be maintained throughout the leave period Same terms and conditions as if employee were continuously employed Employee must pay his/her share of the premium In some circumstances (if specified by policy), employee may be required to repay the employer s share of the premium if the employee does not return to work after leave 46 23

24 PROHIBITED EMPLOYMENT ACTIONS Employers cannot: Interfere with, restrain or deny employee s FMLA rights Discriminate or retaliate against an employee for having exercised FMLA rights Discharge or in any other way discriminate against an employee because of involvement in any proceeding related to FMLA Use the taking of FMLA leave as a negative factor in employment actions 47 Q & A CONTACT INFORMATION Ramon Vigil, Jr. Educational Consultant/ Retired Supt./ Retired Attorney rvgil50@comcast.net