Hire/Rehire Documents & Personnel Files

Report
Updates
New Hire/Rehire
Documents
September 22, 2010
AGENDA
 Alien Supporting Documents
 Form I-9 Overview
Page Center
Demographic Data Transmittal
E-Verify
Oath & Patent
Personnel File
Records Retention
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I-797 Change of Status Approval Notice
(Sample is H1B Specific)
I-94
number
H1-B Status
valid period
work
authorization
end date
I-94
issued by
USCIS
3
Sample F-1 I-20 & F-1 I-94 for
On Campus Employment
SEVIS ID
document number
I-20 Expiration
Work authorization end date
I-94 number/
admission number
Expiration of
F-1 status
D/S = duration
of status
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Sample J-1 DS-2019 & J-1 I-94
SEVIS ID
document number
DS-2019 expiration date
work authorization end date
I-94 number
admission
number
Date of entry:
01/29/2003
J-1 Category:
student or scholar
Expiration of
J-1 status
D/S = duration of
status
5
J-1 Student Work
Authorization Documents
J-1 Category = Student
Employment
expiration date
J-1 Sponsor
employment authorization
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SECTION 1
Employee to complete Section 1 on or before 1st day of
employment
Employers responsibility to ensure section 1 is complete
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Section 2
Section 2 Employer Review and Verification
Documents must be original non-expired (with the exception of a
certified copy of a birth certificate).
Employee must present documents that establish identity and
employment eligibility within three business days of the date
employment begins.
Documents should be recorded in the appropriate list (i.e.: DL
should be recorded in Section B, not C).
Employees hired for LESS than three business days, section 2
must be completed by date of hire.
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5. Unexpired Foreign Passport w/
Form I - 94
Section 2 – List A
D/S
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Section 3
Enter employees name in Section 1
Review document that establishes current employment
authorization
Complete Section 3, C.
Sign and date
Update work authorization date in HCM and Visa information is
applicable
Send completed Form I-9 to HR Records & Data Management
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Hiring or Continuing to Employ
Unauthorized Aliens
If DHS determines that you have knowingly hired
unauthorized aliens (or are continuing to employ
aliens knowing that they are or have become
unauthorized to work in the United States), it may
order you to cease and desist from such activity
and pay a civil money penalty as follows:
 1. First Offense: Not less than $375 and not more
than $3,200 for each unauthorized alien;
 2. Second offense: Not less than $3,200 and not
more than $6,500 for each unauthorized alien; or
 3. Subsequent Offenses: Not less than $4,300
and not more than $11,000 for each unauthorized
alien.
M274 Employer’s Handbook, page 21
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Page Center
 Page Center Reports

PPP6201/PPP620 Personnel Status Report

PPP1392/PPP139 Employee with 1000 hours eligible for career status

PPP1393/PPP139 Employee approaching 1000 hours toward career status

PPP1382/PPP138 Employees with 1000 hours eligible for benefits

PPP1383/PPP138 Employee approaching 1000 hours toward benefits

PPP1385/PPP138 Employees approaching 750 hours toward benefits

PPP1384/138

PPP6504/PPP650 Employee’s beli out of compliance

PPP6952/PPP695 Start Participation
Employees with 750 hours eligible for benefits
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Form I-9 RECAP
 Section 1 employee completes on or before
employment begins.
 Employer responsibility to ensure section 1
complete.
 Preparer or Translator Certification completed if
section 1 prepared by a person other than
employee.
 Section 2- Employer review original documents and
records in appropriate column no later than 3
business days of the date employment begins.
 Employer completes certification with hire date,
signature, name, title, address and signature date.
 Section 3 for work authorization reverification.
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What’s Wrong
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New Demographic Detail
Transmittal Form ( U5605)
 Employee can check multiple selections.
 Satisfies US Dept of Education, Integrated
Post Secondary Education System
(IPEDS)
 Employee chooses one ethnicity for
Affirmative Action Program reporting.
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HCM Entry
Demographic Detail
Transmittal Form (U5605)
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What is E-Verify?
 An internet based system operated
by DHS under U.S Citizenship and
Immigration Services(USCIS) to
verify employment eligibility based
on information provided on an
employee’s Form I-9.
 Information electronically verified
against records in DHS and Social
Security databases.
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Oath & Patent Agreement
 The State Oath of Allegiance must be
signed by all U.S. Citizens who are
employed by the University, with or without
compensation, on or before the first day of
the service period.
 The Patent Agreement must be signed by all
persons on or before the first day of service
period.
 All persons re-employed by the University
after a separation must sign a new Oath if
the date of re-employment is more than one
year after the date on which the previous
Oath was signed.
 All persons re-employed by the University
after separation must sign a new Patent
agreement.
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What is the Staff Official
Personnel File?
 Documents and communications
related to staff employee
• Pre-employment and post-employment
information
• Historical record of information
pertaining to employee
from date of hire to separation
• The Official Personnel file is owned by
the University.
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Who Maintains the Official
Personnel File?
 Maintained by the employee’s
department
• Staff personnel file maintained in
secured and confidential location
• Files kept in locked cabinets or drawers
• Access to staff files restricted
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What is the Medical File?
 Any information related to an
employee’s medical condition or the
medical condition of his or her family
members.
• Medical files are confidential.
• Kept separate and apart from other
business records.
• Medical records are not retained in
personnel file.
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What is the Supervisors
Working File?
 A working file to track employee’s
work in progress, conduct and
performance related information.
• Supervisor working file is optional
• Confidential – stored in locked area
• Not considered part of official personnel
file
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Who Has Access to the Official
Personnel File?
 State law gives employees the right
to review their official personnel file.
• Employee request must be in writing to
his or her supervisor.
• Limited access to file.
» Employee
» Employee designated representative
» Employee’s supervisor or department
head
» Prospective UC hiring manager
» ER, LR and other UC officials with job
related need.
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When is the Official Personnel
File Transferred?
 Official personnel file must follow
employee to new Berkeley
department.
• Sealed in envelope marked confidential.
• Hand delivered to or retrieved by new
supervisor.
• Not given to employee to deliver.
» Medical file should also follow employee
after the hiring process is complete.
 Documents not transferred
• Supervisor working file
• Timesheets
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What is the Retention Period
for the Official Personnel File?
 Personnel files should be
maintained until five years after an
employee separates.
• With the exception in cases of disability,
retirement, or disciplinary actions. Files
are retained until the individual reaches
age 70.
• Refer to the University’s Records
Retention Management Disposition
Schedule.
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Future ER Model
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Resources
 Form I-9
•
http://www.uscis.gov/files/form/i-9.pdf
 USCIS I-9 Employers Handbook
•
http://www.uscis.gov/files/nativedocuments/m-274.pdf
 Human Resources Forms
•
http://hrweb.berkeley.edu/forms/formlist.htm
 Guidelines for Staff Official Personnel Files
•
http://hrweb.berkeley.edu/tools/pfileqa.htm
 Data Management, Use, and Protection
•
http://datasteward.berkeley.edu/DMUP.htm
 UC Records Disposition Schedules Manual
•
http://ucop.edu/recordsretention/search01.php
 Page Center Information
•
http://controller.berkeley.edu/payroll/PageCenter/index.htm
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