What does E-Verify Mean to UF? - Office of Faculty Affairs

Overview of Human
Paula Varnes Fussell,
VP Human Resource Services
Jan Eller,
Associate Dean for Administrative
Affairs, COM
• Baby Gator Child Development & Research
• Benefits, Retirement and Leave
• Classification and Compensation
• Equity and Diversity (EEO and Title IX
• Employee Relations
• Recruitment and Staffing(academic
personnel, employment and immigration
• Privacy Office
• Training and Organizational Development
Baby Gator Child Development
and Research Center
Two locations:
• Newell Drive and Lake Alice
• ~290 children enrolled
• Over 380 on the waiting list
Center for Excellence in Early Childhood
Studies (COM, COE, BG and others)
Benefits, Retirement and Leave
• New hires, retirees, employees leaving
the university, leave of absences
• Health Insurance, voluntary benefits
• Three retirement plans for faculty and
• FICA Alternative for
Qualifying Status Change (QSC)
• Major “life or work events”
– Marriage/divorce
– Birth/adoption
– Dependent’s changes
– Employment changes
– Loss of coverage
• Change must be made within 31
calendar days of the QSC
• Need documentation
Family and Medical Leave Act
What Is the FMLA?
• Federal law designed to protect
employees when leave is required due
– Serious medical situations/serious health
condition of employee, parent, spouse, or
– Birth or adoption of a child
– Foster care
– Military Family Leave and other updates in
Under the FMLA . . .
• All USPS, TEAMS, and salaried faculty
are eligible
– OPS employees, upon meeting criteria,
have protection as well
• 12 workweek “entitlement” in the fiscal
year (or 480 hours)
– Prorated for part-time employees (OPS1,250 hours per year to be eligible)
FMLA Entitlement
• Leave must be approved unless FMLA
entitlement has been met
• No additional paid leave is accrued
under the FMLA
– It is a designation associated with accrued
vacation, sick, or leave without pay
• Accurate record keeping is essential
UF Policy (Extensions)
• Parental leave
– UF policy grants 6 months - new program to
advance 6 weeks
• Medical leave
– For self or immediate family
• Immediate family
– Spouse, domestic partner, greatgrandparents, grandparents, parents,
brothers, sisters, children, and grandchildren
of employee and spouse or domestic partner
(“Step” relations are also included)
Recent Leave Regulation Changes
• Reduce vacation leave payment when
leaving UF
• Staff (TEAMS and USPS)
• Provides funding for 3% salary increases
• Other leave changes will be proposed
this fall
• Changes would provide funding for 3%
faculty salary increases in January
Classification and
UF Employment Groups
Staff Appointments
• TEAMS (~6,900)
– Technical, Executive, Administrative, and
Managerial Support
• USPS (~1,300)
– University Support Personnel System
– No new USPS after 1/7/03
– Other Personnel Services/Temporary
UF Employment Groups
Faculty Appointments
• Salaried Faculty (~4,900)
• Adjunct Faculty (OPS/Temporary)
Other Appointments
• Residents
• Fellows
– Pre- and Post-Doctoral
UF Employment Groups
Student Appointments
• Student OPS
• Graduate Assistants
Staff Classification and
Compensation Framework
• Designed to help ensure that staff
positions similar in duties and
responsibilities are grouped together
• Facilitates administration of funds
allocated for wages and salaries in an
equitable and legal manner
• When there is a significant change in the
duties assigned to a position, a
reclassification should be requested
– Focus on duties and responsibilities
assigned to a position, rather than the
individual occupying the position
– The employee should already be
performing the work
In General …
• HRS can provide information related to:
– What’s the average pay on campus for a
particular classification?
– What’s an appropriate range to use when
advertising a vacancy that takes into
account appropriate market data?
– What’s an appropriate amount for a Special
Pay Increase, or SPI – market, counter-offer,
additional duties (temporary or
Fair Labor Standards Act
(FLSA) originally
1938 (updated in 2002)
Fair Labor Standards Act
• Prescribes standards for wages and
overtime pay that affect most private
and public employment
• Requires employers to pay covered
employees (non-exempt)
– Overtime pay of one and one-half times the
regular rate of pay
– At least the federal minimum wage
Fair Labor Standards Act
• “Non-exempt” (hourly)
– Not exempt from the FLSA
– Must be compensated for hours worked
over 40/workweek with overtime (1.5)
– UF’s workweek: Friday–Thursday
– NOT calculated on biweekly period
• “Exempt”
– Exempt from, or not covered by, the
provisions of the FLSA
• Overtime compensation for USPS/TEAMS
is provided either as pay or accrued
compensatory leave
– Both calculated at 1.5
– Employees cannot volunteer for their own
• In the event of a disagreement between
payment and compensatory leave
accrual, it’s the employee’s choice
• Even unauthorized overtime must be
compensated if worked
• NOTE: OPS employees must be paid for
overtime worked
Minimum Wage
• Federal - $7.25/hour
• State of Florida (Student and OPS) $7.31/hour
• UF Staff Employees - $9.75/hour
Equity & Diversity
How Federal Laws Affect
Employment Decisions
Federal Laws
• Title VII of the Civil Rights Act of 1964,
as amended, and CRA of 1991
• Age Discrimination in Employment Act
(ADEA) of 1967, as amended
• Americans with Disabilities Act (ADA)
Federal Laws
Equal Pay Act of 1963, as amended
Veterans Readjustment Act of 1974
Pregnancy Discrimination Act
Immigration Reform and Control Act
Executive Order 11246 from 1960’s
(Affirmative Action Plans) - Office of
Federal Contract Compliance Programs
Affect All
Employment Practices
Providing benefits
Veteran status
National origin
Marital status
UF policy added
sexual orientation,
gender identity and
It’s Illegal to . . .
• Refuse to hire or pay based on sex, age,
race, or disability
• Make employment decisions based on
appearance, accent, religion or ethnic
• Discriminate based on citizenship status
Prevention of Sexual
• It is the policy of The University of Florida to
provide an educational and working environment
for its students, faculty, and staff that is free from
sexual harassment. UF has a zero tolerance policy
for sexual harassment which prohibits any member
of the University community—student, faculty, or
staff—from harassing any other member or visitor.
• Individuals who engage in such conduct will be
subject to disciplinary action.
• Reporting requirements:
• All employees of the university are expected to
complete the online training for the prevention of
sexual harassment.
Recruitment and Staffing
GatorJobs – filling a vacancy
Faculty and Staff Search Waivers
Criminal Background Checks
Filling a Vacancy
• Vacant faculty and staff positions are
posted via GatorJobs.
Filling a Vacancy
– Faculty recruitment and retention
information, including Faculty Recruitment
Toolkit and Search Committee Tutorial
available at:
– Administrative staff members should
attend GatorJobs training
– GatorJobs Toolkits available at:
Faculty and Staff Recruitment
(Search) Waivers
Recruitment Waivers
• The Human Resource Services, in cooperation with
the Office of the Provost, researched processes of
UF peers within the Association of American
Universities and developed procedures to improve
compliance with federal Equal Employment
Opportunity laws.
These procedures limited and clarified appropriate
exceptions to open and competitive faculty
Recruitment Waivers
A multi-layer process for review and determination
was established.
Revised the existing tracking process to monitor
trends and patterns.
As a federal contractor, the University is required to
comply with all federal equal employment
opportunity laws which require fair, open and
competitive searches, and consistent treatment of
applicants. Non-compliance with federal EEO laws
could result in cancellation, termination or
suspension of Federal contracts.
Examples of Waiver Requests
 Critical Hire
 For a position deemed critical to the overall
advancement of the University.
 Degree Waiver
 An appointment without the usual required
academic degree to non-tenure accruing position.
 Instructional Necessity
 A time-limited appointment during an emergency
 Internal Search Only
 For UF applicants only.
 Named in Contract / Award (100%)
 An appointment of person(s) named in and paid
100% from the contract or grant.
Recruitment Waivers
• Recruitment waivers for TEAMS positions
are rarely granted.
• Less than 1% of TEAMS recruitments are
granted waivers.
• An example of a granted recruitment waiver
request: A new faculty member is bringing a
grant to UF and the perspective employee is
specifically named in that grant.
• An example of a request not granted:
Moving a current OPS employee into a
TEAMS position.
Examples of Waiver Requests
 Special Professional Distinction
 An individual with truly outstanding
achievements and significant contributions.
 Spouse or Domestic Partner Hire
 An appointment in a dual career family or
domestic partnership to enhance the
 Target of Opportunity (record of inclusion)
The Recruitment Waiver Procedures and Form
along with additional information regarding
faculty recruitment and retention is available:
Other Examples
1) No search may be required for an increase in FTE
of an existing appointment.
2) Faculty appointments with an OPS/temporary title
(adjunct faculty) do not require a search.
3) Post-docs: If competitively searched for original
hire as post-docs they would not need a waiver to
transfer as a research assistant professor or some
similar title.
4) Some situations may only require an internal
search. Examples may include assistant deans/
department chairs.
5) In general, a newly established position will require
an external search.
Rehired Retirees
• New state and university requirements
• State guideline
• UF form
• An employment eligibility verification
system operated by the U.S.
Department of Homeland Security
(DHS)and U.S. Citizenship and
Immigration Services (USCIS).
• Implemented January 2010.
• E-Verify checks information
electronically against records contained
in DHS and Social Security
Administration databases.
What does E-Verify
Mean to UF?
• Executive Order 13465 required all
federal contractors to participate in Everify.
• As a federal contractor, UF is required
to perform E-verify checks on all newly
hired employees.
• To be in compliance, the E-Verify check
must be performed by the end of the
employee’s third workday.
What does E-Verify
Mean to UF?
• All employees, including adjunct faculty
and graduate assistants, must sign the I-9
ON OR BEFORE the first day of
• All employees must produce documents
proving authorization to work in U.S by the
end of the third day of work.
• Hires must be entered into the UF payroll
system, which is now connected to E-Verify,
by the end of the third workday.
What does E-Verify
Mean to UF?
• Penalties for not complying with EVerify within 3 days of the hire
include fines and loss of federal
• By law, employees who do not
produce documents by the end of
the third business day are not
eligible to return to work and must
be terminated.
Criminal Background Checks
for New Employees
Criminal Background Checks
• To foster and maintain safety and
security of students, faculty and, staff.
• Already performed for many hires.
• Beginning March 1, 2011, UF began
completing for all “new” faculty and
TEAMS staff hires.
• Excludes temporary employees (OPS)
unless legally required (Federal or
Criminal Background Checks
• Cost of background check paid from
central funds.
• Background checks for existing
employees funded by departments.
• Coordinate through UF Human Resource
Services Recruitment and Staffing.
• Form http://www.hr.ufl.edu/recruitment/for
Employee Relations
Staff Performance
UF’s performance appraisal system is
designed to improve communication
between supervisors and employees
Performance Appraisals for Staff
• Exempt staff: Evaluated by supervisor via
a narrative letter and form in March each
• Non-exempt staff are evaluated via a
form, using a set of established ratings
– Exceeds, Above Average, Achieves,
Minimally Achieves, Below Performance
Types for Non-exempt Staff
• Probationary
– Typically completed during an employee’s
sixth month
• Annual
– In March of each year—unless another
appraisal was completed within the last 60
– Next evaluation period:
March 1, 2011-February 28, 2012
• Returned to HR by March 31
Other UF Staff Appraisals
• “Special” appraisals
– Covers evaluation for period of 60 days to 6
– Notes changes in performance
• Best practice
– Please contact HR satellite office if you
believe a special appraisal is warranted or
when there are overall performance
Labor Relations at UF
Union Representation
GAU – Graduate Assistants
PBA – Police Benevolent Association
UFF – United Faculty of Florida
Collective Bargaining
Define working conditions
Drive salary increases
Provide grievance procedures
Typically three years in duration,
with reopeners
UF encourages all staff members to
contribute to a positive and
productive work environment
Progressive Discipline
Oral reprimand
Written reprimand
Appealable Actions
• Predetermination Conference
• Option to Arbitrate
Complaints & Grievances
• Various options for faculty and staff
• Includes internal and external reviews
• UF Regulations
• Union Contracts
• Non-reappointments/Non-renewals
– Not considered disciplinary
TEAMS Appointments
TEAMS Appointments
• “New to UF” staff hires:
– TEAMS non-exempt (hourly)
• Serve six-month probationary period
• Then issued annual appointment
– TEAMS exempt
• Department should issue six-month initial
• Then issued annual appointment
TEAMS Appointments
• Internal candidate
– May be USPS or TEAMS (employee brings
current status) unless position is TEAMS
– USPS employee will serve six-month
probationary period if never been in
– TEAMS issued annual appointment—no
probationary periods—if employee has
completed initial 6 months at UF
• Hired after June 30, 2005:
– Three months notice
• Hired before June 30, 2005:
– Six months notice
• Does not apply if serving a probationary
• Employees may apply for other jobs on
Time-Limited Positions
• When possible, employees are provided
a minimum of 45 days’ notice in the
event funding is being eliminated
• Time-limited provisions in appointment
letter take precedence over
appointment and non-reappointment
Training and Organizational
Leadership Development:
• UF management/leadership competency
– “Managing at UF” curriculum supports
competency development
• 360-degree assessment available
– Year-long leadership programs:
• Advanced Leadership for Academics and
Professionals program
• UF Academy (emerging leaders)
Training and Organizational
Training – business and compliance
Education Benefits
Awards Programs
Strategic planning and retreat facilitation
Managerial coaching
Visit www.hr.ufl.edu/training
Health Insurance
Resources Are Available
• Mary Alice Albritton, Director for
Benefits and Retirement
• Melissa Curry, Director for
Recruitment and Staffing
• Kim Czaplewski, Director for
Employee Relations,392-1072
• Larry Ellis, Director of Equity and
• Jodi Gentry, Director of Training and
Organizational Development
Thank You!

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