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Employer Handbook
PERSONNEL MANAGEMENT HANDBOOK
for
CONSERVATION DISTRICT DIRECTORS
and
DISTRICT MANAGERS
Prepared and Distributed
by the
Oregon Association of Conservation Districts
Spring, 2008
Preface
Soil and Water Conservation District directors and employees have asked for an employer handbook that focuses on major personnel issues, highlights Oregons specific rules and regulations, and is easy to use. This handbook has been developed to help fulfill that need. Obviously not all personnel issues are addressed, and not all issues are discussed in depth.
This handbook is NOT an employee handbook NOR a collection of model personnel policies. It is a think book to give background and directions on which directors and managers can write personnel policies that fit their unique needs. In a few places, suggested wording for policies are provided, and some of the text can be easily converted to policy.
Every effort has been made to make this handbook as useful as possible. This reference is a very basic resource for you as an employer. References and samples are provided to help you be more effective employers, comply with current laws, and provide a mutually beneficial working environment. Specific details and questions not answered in this handbook may be answered by some of the listed resources.
This handbook is available on the ODA website [www.oregon.gov/ODA/], where it will be updated as needed. Many examples can be easily downloaded, customized, and used by your district. Only a few of the forms are the authoritative, official forms. Most are examples that can be tailed to your preferences and needs as long as they retain the required items or wording.
VERY IMPORTANT NOTE: This handbook is not legal advice. It has not been prepared by a professional employee attorney. However, its contents have been reviewed in selected areas by two employee attorneys and the overall contents have been reviewed and edited by a business specializing in Human Resources Services. All individuals consulted were referred to OACD by the Special Districts Association of Oregon.
Repeat: THIS HANDBOOK IS NOT LEGAL ADVICE. Please consult your own counsel or personnel management professional for specific questions.
John McDonald is the primary author, using materials from many sources, [most are listed in the Bibliography] and consultation from the Special Districts Association of Oregon, Oregon Department of Agriculture, Bureau of Labor and Industries, a human resources consulting firm, and two attorney firms which specialize in personnel law.
Thanks go to many individuals who took the time to advise me, share materials, answer questions, read and review the many drafts. But the most thanks goes to Ginger, without whom I could never have completed this handbook, or better yet, would never have even started.
TABLE OF CONTENTS
Chapter 1 District and Director Responsibilities
District Responsibilities1
Legal Responsibilities of an Employer1
Purposes of Written Policies4
Qualities of Effective Personnel Policies5
Administration of Personnel Policies6
Duties of the Personnel Committee6
Where to Go for Help7
Chapter 2 Legal Restrictions, Obligations, and Liabilities
At-Will Employment Status1
Employment Discrimination Laws in General3
Title VII of the Civil Rights Act of 19643
Oregons Fair Employment Practice Laws3
Other Federal Discrimination Laws4
Oregon Discrimination Laws [Unlawful Employment Practices]5
Americans with Disabilities Act6
What is a Disability?6
Who is a Qualified Individual with a Disability?6
What does Reasonable Accommodation Require?8
ADA Restrictions on the Hiring Process9
The Pre-Offer Stage9
Post-Offer/Pre-Work Medical Inquiries9
Fair Credit Reporting Act10
Unintended or Inadvertent Contracts11
Express Employment Agreements12
Implied Employment Agreements13
Promissory Estoppel13
Tort Liability Arising from Hiring Decisions14
Constitutional Restrictions in Hiring Rights15
Guaranteeing and Documenting Employees Understand the Policies16
Chapter 3 ( Determining Personnel Needs and Qualifications
NRCS 1999 Workload Analysis1
Coordination1
Who Should be Involved?1
Workload Analysis1
Process2
Determining Staffing Needs2
What These Figures Provide3
Setting Priorities3
What Positions to Fill4
Benefits4
Employee or Independent Contractor?4
The Economic Realities Test5
Independent Contractor Status According to ORS 670.6005
The IRS 20-Factor Test6
Employee or Independent Contractor?7
Exhibit 3.1 Example Workload Analysis Worksheet10
Chapter 4 ( Position Descriptions
Written Position Descriptions1
Uses of Position Descriptions1
Writing Better Position Descriptions2
Getting Started3
Keeping Position Descriptions Current4
Sample Position Descriptions4
Exhibit 4.1 Example Format for a Position Description5
Exhibit 4.2 Position Description Examples [Clerical]6
Exhibit 4.3 Position Description Examples [Technical]9
Exhibit 4.4 Checklist to Develop Position Descriptions13
Chapter 5 ( Recruitment and Hiring
Equal Employment Opportunity and Anti-Discrimination Policies1
Anti-Nepotism2
Recruitment and Hiring Process2
Obtain or Develop an Application Form and questions to be answered in the application.2
Outline a Recruitment Plan, which considers the following questions and tasks:2
Possible Outlets for Advertising Job Openings3
Recruitment Announcements3
Reviewing Employment Applications3
Conducting the Interview4
Guidelines for Conducting an Interview5
Red Flags in Evaluating Applicants8
Selection and Follow-Up9
Written Job Offer10
Reference Checks10
Applicant Authorization for Reference Checks11
ORS 30.178 Reference Checks/Qualified Immunity11
Disclosures prohibited under ORS Chapter 65912
Exhibit 5.1 Sample Advertisement for Open Position14
Exhibit 5.2 Recruitment Announcement Contents Packet15
Exhibit 5.3 Sample Employment Application16
Exhibit 5.4 Key Factors or Questions for Applicant Certification20
Exhibit 5.5 Applicant for a Disclosure and Consent21
Exhibit 5.6 Applicant Authorization for Reference Checks22
Exhibit 5.7 Sample Interview Questions23
Exhibit 5.8 Dos and Donts for Interviewing Questions24
Exhibit 5.9 Sample Interview Evaluation Form27
Exhibit 5.10a Example of a Detailed Job Offer Letter29
Exhibit 5.10b Example of a Minimal Data Job Offer Letter32
Exhibit 5.11 Sample Not Hire Letter33
Exhibit 5.12 Checklist for Recruitment and Hiring Employees34
Exhibit 5.13 Applicant Tracking Form35
Exhibit 5.14 Confidential Post Job Offer/Pre-Placement Medical Questionnaire36
Exhibit 5.15 Pre-Employment Drug Screening Policy40
Chapter 6 ( Wages, Taxes, and Overtime
Determining Compensation1
Wage Increases1
Merit Raises1
Cost-of-Living Increases1
Promotions1
Awards and Recognition2
Workers Compensation Insurance [Mandatory]2
Key Issues for Employee Wages and Classifications2
When is Work Really Work?3
Overtime [when authorized]4
Key Points about Overtime and Compensatory Time4
Chapter 7 ( Determining Leave and Benefits
Mandatory Leaves1
Court Leave/Jury Duty1
Crime Victims Leave1
Domestic Violence Leave2
Military Leave2
Disability Leave2
Leave for On-the-Job Injuries3
OFLA Leave3
FMLA Leave3
Benefits Which Are Optional4
Vacation Time5
Sick Leave6
Holidays7
Personal Time Off (PTO)7
Unpaid Leave8
Bereavement9
Religious Accommodation10
Bonuses10
General Provisions10
Overtime Pay and Leaves11
Insurance11
Emergency Closings11
Exhibit 7.1 FMLA Language and Forms13
Exhibit 7.2 OFLA/FMLA [sample policy]24
Exhibit 7.3 Sample Inclement Weather Decision34
Chapter 8 ( Employment Issues and Policies
Complete Necessary Forms and Other Paperwork1
Orientation1
Review Job Description, Work Plan, Business Plan and Related Documents2
Personnel Files2
Employment Contracts2
Introductory Period3
Supervision and Hierarchy4
Review Job Expectations5
Hours of Work/Time Reporting Document/Pay Period5
Equipment and Workstation6
Travel and Training7
Tort Liability7
Employment Termination7
Wrongful Discharge8
Federal Laws8
State Laws8
Other Claims Available to a Fired Employee9
Avoiding Wrongful Discharge Claims9
Contract Issues10
Public Policy Issues10
Exhibit 8.1 Sample New Employee Orientation Checklist11
Exhibit 8.2 Recommended Information for New Employee Package12
Exhibit 8.3 Employee Confidential Emergency Information13
Exhibit 8.4 Employee Authorization for Reference Checks14
Exhibit 8.5 Application for Leave15
Exhibit 8.6 Request to Attend Conferences, Conventions, or Training Sessions16
Exhibit 8.7 Acknowledgement of Receipt of Employee Handbook17
Exhibit 8.8 Exit Interview18
Exhibit