Managing Successfully @ UMHSUnderstanding Employment Laws

Objectives

• Increase knowledge of employment laws that you may encounter.

• Identify your responsibilities regarding these laws.

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Agenda

• Quiz• Standard Practice Guide• FMLA• Discrimination• Sexual Harassment• Café

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Knowledge Check

• Please complete the Knowledge Check on page 2 of your manuals.

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What is the SPG?

• Stands for Standard Practice Guide• Standardized rules and procedures

that govern UM• Approved by UM Board of Regents

http://spg.umich.edu

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Key SPG’s and UMHS Policies

• Sick Time Pay• PTO• Funeral Time• Holidays• Leaves of Absence

• Rest Periods• Lunch Periods• Probationary Period• Tuition Support• Appointment of Relatives

• Grievance/Dispute Resolution

• Probationary Period• Temporary Employment• Conflict of Interest • Reduction in Force• Discrimination and

Harassment • Sexual Harassment

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Family Medical Leave Act

Family Medical Leave Act (FMLA)

• FMLA allows an employee to take job-protected, unpaid leave, or to substitute appropriate accrued paid leave for up to 12 weeks in a 12 month period.

• The primary purpose of FMLA– To assist employees in balancing work and

family life.

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Return from an FMLA event

• Upon return from FMLA leave, an employee must be restored to his/her original job, or to an “equivalent” job, which means virtually identical to the original job in terms of pay, shift, benefits, and other employment terms and conditions.

Eligibility Requirements

• Must be employed for at least 12 months (does not have to be consecutive may be up to 7 years prior to leave begin date).

PLUS

• A Non-Exempt employee must have worked a minimum of 1250 hours the previous 12 months prior to the first day off for a qualifying event.

• An Exempt employee must have at least a 50% appointment.

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What are FMLA Qualifying Events?

• Birth of a child/care of a newborn • Placement of a child with the staff member

for adoption or foster care • Your own serious health condition or that

of a qualified family member• Absences due to Military Family Leave

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What is a Serious Health Condition?

• Inpatient care in a hospital, hospice or residential medical care facility, or

• Continuing treatment by a health care provider– Examples are listed in manual

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What are examples of a qualified serious health condition for oneself?

A serious health condition means an illness, injury, impairment, or physical or mental condition. Some examples include:• Surgery requiring you to be out of work for more than three days.• Incapacity that is permanent or long-term due to a condition for

which treatment may not be effective (e.g. Alzheimer’s disease, stroke, terminal diseases, etc.).

• Absences to receive multiple treatments for a condition that will likely result in incapacity of more than three consecutive days if left untreated (e.g. chemotherapy, physical therapy, dialysis, etc.).

• Incapacity that is due to permanent or long-term chronic condition (e.g. asthma, diabetes, epilepsy, etc.).

What is the University’s definition of a Family Member?

• Spouse: Husband or wife as recognized in the State of Michigan

• Other qualified adult: Shares a primary residence with the staff member and has done so for the previous six months, other than as an employee or tenant.

• Child, sibling, parent, or grandparent of the staff member, the staff member’s spouse or other qualified adult.

• Other related individual whose care is the responsibility of the staff member, the staff member’s spouse, or other qualified adult.

How is an employee compensated under FMLA?

• FMLA does not pay an employee.• FMLA runs concurrent with paid/unpaid time.• For a Family Care event, the employee, has the

option to use paid or unpaid time.• Employee could be paid by a combination of:

– PTO, Sick, Vacation, Extended Sick time, Holiday

Notice an employee is missing work for more than 3 days due to being sick?

Notice an employee is missing numerous days of work and has mentioned an ill family member they are caring for?

Notice an employee is missing a lot of work time intermittently due to being sick?

– This is a signal to contact your HR representative, employee could qualify for FMLA!

Tips for Managers

Discrimination

Discrimination

In 1964, Title VII was landmark legislation that ushered in the era of civil rights and equal employment opportunity. It established the concept of protected classes—those individuals protected by the legal system from discrimination. Title VII makes it unlawful to limit or classify employees in any way that deprives them of employment opportunities or hampers their career progression when that classification is based on their protected status.

Non-Discrimination StatementThe University of Michigan, as an equal opportunity/affirmative action employer, complies with all applicable federal and state laws regarding nondiscrimination and affirmative action. The University of Michigan is committed to a policy of equal opportunity for all persons and does not discriminate on the basis of race, color, national origin, age, marital status, sex, sexual orientation, gender identity, gender expression, disability, religion, height, weight, or veteran status in employment, educational programs and activities, and admissions.

Discrimination

Age Discrimination Employment Act (ADEA)

• No discrimination on the basis of age.• Covers individuals over 40.• No affirmative duty to afford special

treatment.

Americans with Disabilities Act (ADA)

• No discrimination against qualified individuals with disabilities in:

- Job Application Process

- Hiring

- Firing

- Advancement

- Compensation

- Training

ADADoes the employee have a disability?

DON’T Discriminate

Retaliate

DOAccommodate

DisabilityDefinition:

- Physical or mental impairment that substantially limits one or more major life functions.

- Record of having such an impairment.

- Regarded as having that impairment.

The Accommodation Process:- Provide documentation.

- Interactive discussion about what might work.

- Reasonable accommodation is provided, if available.

- Accommodation is not reasonable if it causes an undue financial or administrative burden.

Definition / Process for Accommodation

Reasonable Accommodation

• The University shall provide a reasonable accommodation to the known disability of a qualified applicant or employee with a disability unless the accommodation would impose an undue hardship.

• A reasonable accommodation is any modification or adjustment to

a job an employment practice, or the work environment

that makes it possible for a qualified individual with a disability to perform the essential functions of the job.

• Call HR or the ADA Coordinator!

Sexual and Other Harassment

Harassment= Unwelcome/Offensive

This applies to everyone, regardless of title!

Key Harassment Concept

Sexual Harassment

• Prohibited by Federal/State law and UM policy

• Behavior consisting of unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of a sexual nature

• Two types of sexual harassment– Quid Pro Quo (literally “this for

that”)– Hostile Environment

UM’s Sexual Harassment Policy

• The SPG explicitly outlines UM’s definition of sexual harassment.

• Includes both intentional and unintentional harassment.

• Addresses issues of actual and perceived power. • Includes harassment between males and

females and harassment between people of the same gender.

Examples of Sexual Harassment

• sexual jokes, innuendoes and gestures

• unsolicited and unwelcome flirtations or touching

• graphic or degrading comments

• leering• whistling or cat calls• unwelcome terms of

endearment• massages

• displays of sexually suggestive or explicit objects

• offering of unwanted gifts• sexually explicit or

intrusive questions • transmission of suggestive

material• explicit descriptions of

sexual experiences• pressure for sex

Sexual Harassment: Is It Wanted or Unwanted?

Questions you can ask yourself to see if your behavior is wanted or unwanted…

1. Is there equal level of initiation of the behavior?2. Is there equal power?3. Would I do this to someone who is not of the

gender I’m attracted to?4. Would I want it on the news?5. Would I act this way in front of my significant

other?6. Would I want someone to do this to my loved

one? Pg. 29

Discrimination and HarassmentSPG 201.89-1

• Race• Color• National Origin• Age• Marital Status• Sex• Sexual Orientation

• Gender Identity• Gender Expression• Disability• Religion• Height• Weight• Veteran’s Status

Management’s Responsibility

• Communicate policies• Set standards

– Be a role model, set high standards– Educate– Be informed– Establish guidelines

• Observe employee workplace and behaviors– Be aware– Be responsive

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Management’s Responsibility

• Handle incidents promptly and within guidelines– Remove offensive material– Follow-up, take complaints

seriously– Take action by notifying

appropriate offices (HR, OIE, etc.)

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Retaliation

• Strictly Prohibited by law and University policy.

• UM strongly encourages everyone who has concerns to report them without fear of retaliation.

• Persons who engage in retaliation are subject to discipline, even if no discrimination or harassment was found.

• Indirect retaliation is prohibited.

Case Studies

HRAA Online Tutorials –

Preventing Sexual Harassment

http://www.umich.edu/%7Ehraa/train.htm

Resources

Thank You!