An Overview of Common Employee Relations Issues
June 2015
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How do I handle employee complaints?
How do I know when an employee needs to
submit a request for ADA accommodations?
What do I do when I get a public records
request?
What do I need to know about my hourlywage employees? Exempt v. Non-exempt
When and how much is USEP involved in
administrative decisions?
What do I need to know about labor
negotiations?
What is there to complain about?
 Pay
 Benefits
 Work rules and procedures
 Workload/Schedule
 Facility/Comfort
 Coworkers/Supervisors
 Students/Parents
 Favoritism/Fairness
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Employees are expected to perform their
work efficiently, effectively, and demonstrate
civil behavior in the workplace.
Supervisors are expected to set examples by
their own conduct, attitudes, and work
habits.
Inappropriate behavior can not be ignored. It
is the supervisor’s obligation to take prompt,
appropriate action.
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Behavioral standards can be found:
◦ Nondiscrimination and Equal Employment
Opportunity Policies (1122,3122,4122)
◦ Respect and Civility Policy (1380, 3380, 4380)
◦ Code of Ethics of the Education Profession in
Florida
◦ The Principles of Professional Conduct of the
Education Profession in Florida
◦ Master Contracts
◦ Employee Handbooks
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Attendance – addressing it equitably
◦ Satisfactory performance is characterized by being at work a
sufficient number of days to accomplish the essential tasks of
the position without having to distribute to other employees or
to delay those essential tasks.
◦ Satisfactory performance is generally characterized by not
exceeding during an annual period the combined number of
sick or vacation days which are earned by an employee during
that period. While unexpected illnesses or other circumstances
which may entail prolonged absences are understandable,
frequent absences and/or questionable absences which result
in hardship to other employees or which result in the delay of
essential tasks can result in documentation of unsatisfactory
performance. (Provisions of FMLA, ADA, Workers Comp., etc.
must be considered.)
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Low-intensity deviant behavior, not based on
a protected class, with the ambiguous intent
to harm the target.
Uncivil behaviors are characteristically rude
and discourteous, display a lack of regard for
others, and show a lack of respect for the
target.
Examples of incivility include making
insulting comments, spreading false rumors,
social isolation, and abrasive communication.
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Are behavioral issues that are investigated
and addressed at the worksite by the
administrator.
Complaints of administrator incivility are
referred to the next supervisory level.
Like all other behavioral issues, progressive
discipline is used to determine the
appropriate response to issues of workplace
incivility.
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Used to document an allegation of:
◦ discrimination
◦ unlawful harassment based on sex/gender, race,
color, national origin, religion, disability, marital
status, genetic information, age or any other
characteristic protected by law
◦ Bullying
Complaint process and all forms are available on the
Employee Relations’ website
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A qualified individual with a disability must
have the same opportunity and not be
discriminated against in any employment
practice.
Reasonable accommodations are provided to
a qualified individual, when necessary, to
enable the individual to perform the essential
functions of the position.
ADA information and forms are available on
the Employee Relations’ website.
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Every decision regarding job/duty
modification should be made on an case-bycase 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 to discuss all reported
restrictions.
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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.
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When the employee self-reports that s/he has
physical restrictions
When a doctor has indicated that the
employee has physical restrictions
When we have concerns that an employee
may be a person with a disability and in need
of accommodations
DOCUMENTATION MUST BE SUBMITTED AND
REVIEWED PRIOR TO THE PROVISION OF ANY
ACCOMMODATIONS
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“Public Records” are defined in State statutes; however, “public
records” do not include student records, medical records, trial
preparation records, confidential law enforcement investigatory
records, records of release of which is prohibited by State or Federal
law, and any other exceptions set forth in Florida Law.
Any individual may inspect and request copies of public records of
this District during the regular business hours of the office in which
such records are maintained.
A custodian of public records and/or his/her designee must
acknowledge requests to inspect or copy records promptly and
respond to such requests in good faith.
Requests for information should be forwarded to:
◦ Linda Cobbe, Director, Communications & Government Relations
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Are conference summaries and other informal
documentation public records?
Are your notes or ER’s notes regarding
employee investigations and/or discipline
public records?
◦ The complaint and material relating to the
investigation of a complaint against a public
school system employee are confidential until the
preliminary investigation is either concluded or
ceases to be active. F.S. 1012.31(3)(a)1.
 Let’s
talk about hourly
employees:
◦Lunches
◦Breaks
◦Pay
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Every SRP is entitled to a 30 minute lunch?
Every NNB is entitled to a 30 minute lunch?
Custodians are paid during their lunch period?
Custodians are permitted to leave the worksite
during their lunch?
Worksite supervisors can permit lunches to last for
more than 30 minutes?
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In general:
◦ Breaks are not to be attached to the start or end
of the workday.
◦ The SRP/NNB should not leave the worksite
during breaks.
◦ The worksite supervisor can schedule breaks, or
permit the employee to schedule their own
breaks.
◦ Exceptions can be made, but not on a regular
basis unless approved by the worksite
administrator.
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6-8 hour employees get two (2) fifteen (15)
minute breaks
3-5.99 hour employees get one (1) fifteen
(15) minute break
0-2.99 hour employees do not get a break
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Exempt from:
◦ Minimum wage
◦ Overtime pay protections
Pay based on the work they do, not the hours they
keep.
Includes:
Administrative employees (principals, APs,
supervisors, managers)
Learned professionals (teachers)
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SRP, including FNS staff, custodial staff, IAs,
bus drivers and transportation assistants,
as well as many NNB, including Secretaries,
Bookkeepers, Data Entry Operators,
Attendance/Discipline Assistants, are
currently eligible for overtime.
◦ This means that all time worked in excess of 40
hours per week is paid at 1.5 times the
employees rate of pay.
◦ Permission to work beyond an employee’s
scheduled hours must be obtained from the
worksite administrator.
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If an employee comes in to work an hour
early without being asked to do so by a
supervisor, but you know they are there
working extra time, must they be paid for
the extra time worked?
If you tell an employee to finish a job and
then head home for the night, and the
employee later claims it took them 2 hours
beyond their normal shift to finish the work,
must they be paid for the extra time
worked?
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Tell Non-exempt Employees
◦ They should be arriving to work no more than 10
minutes before the start of their shift and leaving
no more than 10 minutes after their shift is
completed.
◦ Employees who arrive early to work should not be
permitted to perform any work related duties
until their shift starts.
◦ Working past scheduled hours is not permitted
unless otherwise authorized.
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What About Flex Time?
◦ Must be agreed upon by both the worksite
supervisor and the employee
◦ Must be used within the work week it was
accumulated
◦ No employee should be permitted to have time
“on the books”
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It is considered to be a federal crime to
intentionally misstate the hours worked on a time
sheet?
◦ Employees should always indicate when they started work
and when the stopped work, regardless of what their
scheduled shift is.
◦ If employees work unauthorized additional time, it should
be documented and addressed with the employee, not
changed on the time sheet.
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Non-instructional, non-bargaining staff
Not under any collective bargaining
agreement (contract)
Usually non-exempt employees (eligible for
overtime pay)
Includes:
◦ Plant Managers, FNS, Bookkeeper, Confidential
Secretaries
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Any employee required to attend a meeting called by the
worksite supervisor or designee for the purpose of a
reprimand or for action leading to suspension or for an
investigatory interview shall have the right of Union or other
representation at such meeting.
A worksite supervisor or designee holding a meeting for the
purpose of a reprimand or for action leading to suspension or
for an investigatory interview shall stop the meeting until
representation can be obtained if the employee requests
representation.
The right to representation does not apply to conferences
relating to observation or evaluation of work responsibilities
unless the meeting is called by the worksite supervisor or
designee for the purpose of issuing a formal/informal NEAT
letter and/or unsatisfactory evaluation or if the meeting could
lead to this.
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USEP may discuss Union issues:
Before or after the workday
During a duty-free lunch IF all members
participating in the conversation are also on
duty-free lunch
USEP may NOT discuss Union issues:
During faculty meetings
During PLC time
During planning time
During their contracted work day with the
exception of a duty-free lunch
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Wages, hours, terms and conditions of
employment
◦ We CAN’T change wages (promise bonuses)
◦ We CAN’T change the length of the work day (even
if everyone on site agrees)
◦ We CAN’T arbitrarily implement rules without
negotiating (i.e. use of personal days, reassigning
staff to different positions, teacher evaluation
timelines)
Any Questions?