Employee Relations. Frequently Asked Questions (FAQ s)

Transcription

1 Employee Relations Frequently Asked Questions (FAQ s) Length of Service: Q: What is the length of the probationary period? A: Effective October 1, 2015, all state employees subject to the State Human Resources Act will now complete their probationary period and achieve career status after 12 months of continuous employment in a permanent position with a permanent appointment. Exception: Law enforcement employees who are required to complete a formal training program prior to assuming law enforcement duties will remain bound to the 24 months requirement to achieve career status. Disciplinary Actions: Q: How long does a disciplinary action remain active? A: The action will be inactivated in accordance to policy if: 1. Eighteen (18) months have elapsed since the date of the disciplinary action and the employee have not received another disciplinary action, or 2. On the next annual performance review, the employee receive at least a "Meet Expectation" rating for the overall evaluation and receive at least a Meet Expectation " rating on the expectation that covers the responsibilities, or 3. Management chooses to inactivate the disciplinary action in less than 18 months. *Please note that if the employee receives another disciplinary action while the action is still active, the first action will remain active for the duration of the subsequent action. Q: An employee has an active disciplinary action. What happens to that action if the employee transfers to another department? A: When an employee transfers to another department or unit, any active written warnings or disciplinary actions will transfer with the personnel file of the employee and will remain active at the new work unit until removed by the new employer or until the expiration of the disciplinary action. 1

2 Q: If an employee has been properly issued notice of a pre-disciplinary conference and does not appear for the conference, is management required to reschedule? A: No. The pre-disciplinary conference is designed to give the employee the opportunity to respond to the allegations and proposed disciplinary action giving rise to the conference. If the employee chooses not to attend (for reasons other than those deemed valid by management), management may move forward with its decision based on existing facts/evidence. If management moves forward with such disciplinary action, the employee cannot appeal solely on the basis that he/she was not present for the pre-disciplinary conference. Q: Is it required that a probationary employee receive a written dismissal letter? A: No. There is currently no policy requirement for a probationary employees to receive a written notification for termination. However, it is recommended that all dismissals be documented in writing for future reference. Personnel File: Q: If a supervisor keeps a separate personnel file (within the department/unit), is that information considered part of the official personnel file? A: By definition, a personnel file consists of any employment-related or personal information gathered by the agency, the Retirement Systems Division of the Department of State Treasurer, or by the Office of State Human Resources. Therefore, personnel information not housed in a university s central human resources office may be considered as part of the personnel file. Leave: Q: An employee exhibits patterns of excessive absenteeism. Does bringing a doctor s note automatically excuse the employee or exempt the employee from possible disciplinary action? A: No. Having a doctor s note does not automatically constitute an excused absence, nor does it serve as an automatic justification for approval of sick leave. Q: An employee has requested vacation leave, but has not been granted the leave based on business needs. The employee has brought this to the attention of Human Resources Management. What right(s) does the employee have in taking his/her accrued leave? A: While an employee may have sufficient leave to cover vacation requests, it is at the discretion of management to grant such leave, based on the business need of the university. 2

3 Grievances: Q: What is considered a timely filing of a grievance? A: A grievance must be filed within 15 calendar days from the date of the alleged event or action that is the basis of the grievance or from the date of receiving the written response from the EEO Informal Inquiry. The 15 calendar day timeframe begins the day after the alleged event, action or EEO response. The following methods for submitting a grievance are considered timely: Filing by the close of the business day (5 pm). o o Fax o Agency Electronic Form o Hand Delivery Filing by postmark date (15 th calendar day) o Mail Q: How is a grievant s work time spent participating in the internal grievance process managed? A: The time an employee spends during a regular work schedule in participating in the grievance process (informal or formal) under the state procedure is considered work time. Such time spent outside the employee's regular work schedule is work time only if the employee's attendance is required by the employer. Time spent by an employee in any appeal made outside of the agency grievance process, e.g. the Office of Administrative Hearings (OAH), will not be considered work time. The employee must take approved leave during work hours to pursue the appeal. Employees are not entitled to leave to prepare for a grievance. If an employee would like to take time away from work to prepare for a grievance, the employee may request vacation leave. Q: What is the time frame that a Formal Internal Grievance must be completed? A: The Formal Internal Grievance must be completed within 90 calendar days from the date the grievance was filed. The 90 calendar days begins the day after the grievance is filed. Q: Is time spent on the Informal Discussion a part of the Formal Internal Grievance process timeline? A: No. 3

4 Q: Can a complainant file directly to the Equal Employment Opportunity Commission? A: Yes. The complainant alleging unlawful discrimination, harassment or retaliation has the right, at any time, to bypass or discontinue the EEO Informal Inquiry or the formal internal grievance process and file a charge directly with the Equal Employment Opportunity Commission (EEOC). The complainant may not, however, file a contested case with the Office of Administrative Hearings (OAH) if the internal process has not been completed. Q: Can the complainant file simultaneous internal and external filing of a discrimination charge? A: Yes. The complainant may file simultaneously with the Equal Employment Opportunity Commission (EEOC) at any point in either the EEO Informal Inquiry process or the formal internal grievance process. Q: What is needed when submitting a Final Agency/University Decision letter to OSHR? A: The Final Agency/University Decision letter and/or attachments must contain the following: Grievance Process History: o date grievance filed o description of grievance issue o pre-disciplinary conference, if required o description and copies of warnings, if required o investigatory leave dates, if any o summary of past performance appraisals, if action based on performance o summary of alleged misconduct or performance issues o description of any other important events (if not in hearing officer/panel report) o description of important witnesses and statements (if not in hearing officer/panel report) o description of any other important documents not listed above (if not in hearing officer/panel report) Notification of appeal rights to OAH & contact information for University Registered Agent Statement indicating that the Office of State Human Resources has reviewed and approved the Final University Decision OSHR reserves the right to request additional information & documents during their review of the FAD/FUD. 4

5 Mediation Q: What happens when Adverse Weather is occurring or expected to occur during a scheduled mediation? A: When the Adverse Weather Policy is in effect for the geographic area where the mediation will be conducted, the following procedure shall be followed: When the Adverse Weather Policy is in effect for the entire business day, the mediation will be cancelled and rescheduled; When the Adverse Weather Policy is in effect for only a portion of the business day, the mediation will be held the same day and either be delayed or concluded early in accordance with the policy. In this occurrence, the parties may contact the university HR Office, in advance of the scheduled mediation, to request that mediation be rescheduled if weather conditions prevent attendance. It will be at the discretion of the agency HR Office to approve a rescheduling of the mediation. The agency HR Office shall monitor the Adverse Weather Policy at locations where mediations are conducted and take appropriate action, including communicating with the parties, mediator and OSHR Mediation Program Director or designee. Any cancellation or rescheduling of a mediation shall be reported by the agency to OSHR. Q: What documentation is necessary to process a settlement or mediation agreement with back pay/front pay? A: To process a settlement/mediation agreement that involves payment of wages (back pay award, etc.), the following documents must be submitted: A copy of the settlement/mediation agreement, approved by OSHR, an administrative law judge or other authorized level of judicial review Copy of signed PD-14 (Statement of Back Pay/Front Pay) approved by OSBM The PD-14 Form must be completely filled out with a notarized signature of the employee and the signature of the authorizing agency/university official. The PD-14 must be submitted with the exact and correct amounts to OSHR for OSBM review and approval. To ensure accuracy of the financial calculations on the PD-14, BEACON agencies, boards and commissions may confer with BEST Shared Services for a review of the financial calculations before submitting the form to OSHR for OSBM approval. Universities may use other applicable HRIS/payroll systems. Please note that if there is a change in the financial calculations during any stage of the review and approval process, the university must submit a revised PD-14. OSHR will coordinate the review and approval process with OSBM. 5