Weekly HR News - Hiring
Updated I-9 Form
The United States Citizen and Immigration Services (USCIS) has updated the I-9, Employment Eligibility Verification form. Beginning January 22, 2017, the USCIS will no longer accept the form dated March 8, 2013. The new form can be found at https://www.uscis.gov/i-9 and the date of any form can be found at the bottom of the page.
Some of the changes in the new version include:
- Employees only need to provide other last names used in Section 1, rather than all names used.
- The certification in Section 1 for certain foreign nationals takes less time to complete.
- There are additional spaces to enter multiple preparers and translators.
- There is a dedicated area to enter additional information that employers have been required to notate in the margins of the form.
Also, when the revised Form I-9 is completed on a computer, users will see:
- Checks to certain fields to ensure information is entered correctly.
- Drop-down lists and calendars.
- Instructions on the screen that users can access to complete each field.
- Buttons that will allow users to access the instructions electronically, print the form, and clear the form to start over.
ALL employers, including cities, are required to fill out an I-9 form on all new hires. Employers, must complete a Form I-9 for every employee hired after November 6, 1986. The I-9 form is used to verify the employee’s identity and their ability to work in the United States and should be filled out on the first day of employment with the city. Penalties for not filling out this form, or from filling it out improperly can cost the city thousands of dollars.
Also, keep in mind that if you are going to keep paper copies, it is a good practice to have one file with all employee I-9s within that file in alphabetical order. This is to be sure that you can easily comply with the three-day requirement to turn over these documents if requested by the Department of Labor or Department of Justice. Another reason for this practice, is that the information on these forms is confidential and would never be subject to an open records request. Having them outside of the personnel file, and in a locked cabinet, ensures that they will remain confidential.
Retention of these records will be at least as long as the employee works for the city. Once the employee has left city employment you are required to keep them three years from the date of hire or 1 year from the date of termination whichever is longer.
For additional questions regarding this or other personnel related matters, contact Personnel Services Specialist, Andrea Shindlebower Main.
Weekly HR News – FMLA
Family and Medical Leave Act (FMLA) Forms
FMLA forms are required for notifying employees of their rights and responsibilities, certification of leave based on the specific request and designating FMLA leave by the employer. The forms that must be used are located on the Department of Labor (DOL) web page.
For easier reference, here are the links to the current FMLA forms:
- WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition
- WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition
- WH-381 Notice of Eligibility and Rights & Responsibilities
- WH-382 Designation Notice
- WH-384 Certification of Qualifying Exigency for Military Family Leave
- WH-385 Certification for Serious Injury or Illness of Current Service Member for Military Family Leave
- WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave
In addition to the DOL required forms listed above, many employers have their own additional forms that deal with the employee’s request for FMLA, medical updates and return to work.
All FMLA forms and information about an employee’s FMLA leave and condition must be kept confidential and separate from other employee files. It is an FMLA violation for an employer to share information about an employee’s FMLA leave with other employees.
For additional questions regarding FMLA or other personnel related matters, contact Personnel Services Specialist, Andrea Shindlebower Main.
Weekly HR News – FMLA
Salary and Benefits while on FMLA
In many cases, cities choose to provide unpaid leave while an employee is on FMLA, but may require that an employee use accrued paid leave (i.e. vacation or sick leave) during FMLA leave. However the city decides to handle, the information must be included within the employee handbook.
While on FMLA the employer must maintain the employee’s group health insurance at the same level they would if the employee were not on FMLA. For example, if the employer pays 100% of the employee plan, the employer would continue to do this during leave. If the employee pays a portion of their health insurance premium, the employee must continue to pay their portion while on leave. The employer has the option to pay the entire amount during the employee’s absence and recover the employee’s portion when the employee returns to work. The same is true, if the employer pays 100% of the family plan, the employer would continue to pay 100% of the family plan while the employee is on leave. (29 C.F.R. § 825.209)
If the employee is responsible for any portion of their premium and fails to pay while out on leave, the employer’s obligation to maintain health insurance will cease once the premium is more than 30 days late. However, once the employee is reinstated to work they must be restored to the coverage they would have had if leave had not been taken and the payments had not been missed.
Other benefits provided by the employer, such as holiday pay, seniority and paid leave, are maintained as outlined in the employee handbook. If not specified under FMLA in the handbook, they will or will not accrue depending on how other types of unpaid leave are handled. For other benefits, such as elected life insurance coverage, the employer and the employee may make arrangements to continue these benefits during periods of unpaid FMLA leave. As with the group health insurance, an employer may elect to continue such benefits to ensure that the employee will be eligible to be restored to the same benefits upon returning to work. At the conclusion of the leave, the employer may recover only the employee's share of premiums it paid to maintain other "non-health" benefits during unpaid FMLA leave.
For additional questions regarding FMLA or other personnel related matters, contact Andrea Shindlebower Main, personnel services specialist.
New FLSA Overtime Rule on Hold
On Tuesday, November 22, 2016, a federal judge in Texas issued an injunction regarding the new overtime law that was to take effect December 1, 2016, putting on hold the FLSA overtime changes employers across the country have spent the last few months preparing for.
If upheld, the final rule would increase the salary threshold for exempt employees to more than double at $47,476 and would require employers to pay overtime to any employee who is under that threshold, no matter their job duties. This injunction will put implementation of the changes within the final rule on hold while the courts determine whether or not the Department of Labor (DOL) has the authority to make such a final rule, as well as the validity of the final rule itself.
What does this mean for employers right now? Employers will not need to reclassify employees on December 1st as nonexempt (hourly) as long as the employee is currently making more than $23, 660 and falls within the current DOL exemptions. How long it will take for the court to review is anyone’s guess, so remain vigilant for any changes that may be coming down the pike. KLC will continue to monitor this situation and update you as soon as information is released.
If you have any questions on this new development contact Andrea Shindlebower Main, personnel services specialist at 859-977-3785 or email@example.com.
Six Ways to Show Employees You Are Thankful
During the month of November we tend to spend more time reflecting on all the things that we are thankful for, so why not take time to reflect on how thankful you are for those outstanding employees. The ability to show appreciation in monetary ways, through bonuses, can be tricky for public agencies, so the need to be more creative in how we can show our appreciation is very important.
Below are a few ideas that public agencies can implement from what I call the “ASPECT” approach:
- Ask - Ask questions about their families, their weekend or a special event in their life. Be sure to be sincere in asking about the employee or it will come across as uncaring or nosey.
- Schedule - If flexible scheduling is possible offer it to your employees. Even if it is only for the holidays or summer breaks. This helps employees to balance work and family time and can make for happier more productive employees.
- Praise - Identify specific actions where the employee has gone over and above on a task. By picking a specific task, rather than being general in praise, employees will know that the praise is genuine.
- Eat - Who doesn’t like food? Surprise your employees with donuts or order pizza for lunch or even a chocolate treat. Schedule lunch with employees and let them pick the restaurant. This could be for the holiday, or even better, for no reason at all.
- Cultivate - Cultivate employees and allow them opportunities for growth. If permissible, place employees on boards or committees where their talents can be seen. Allow them to attend professional association meetings and represent your city at civic and charitable events. When your city budgets allow, provide employees as much training as possible. This is a win-win for both the employee and the city. Be certain to discuss the potential for advancement as good employees will want opportunities to grow within the organization.
- Thanks - Say thank you. A little kindness goes a long way. Not only during the holiday season, but show your appreciation all year-long.
There are many aspects of employee appreciation, so find one that works for your organization and don’t stop implementing when the holidays are over. For questions on this or other personnel related matters, contact Personnel Services Specialist Andrea Shindlebower.
Weekly HR News - Straight time or overtime?
Daylight Savings Time Ends on Sunday, November 6, 2016
Clocks turn back Sunday, November 6, and unless other arrangements are made (such as leave an hour early or come in an hour later) non-exempt employees on duty at that time (2 a.m. – 3 a.m.) which normally work an eight-hour shift, will have actually worked an extra hour, for a total of nine hours of work on that day. Nonexempt (hourly) employees must be paid for all nine hours of work under the Fair Labor Standards Act. They are also entitled to overtime pay for all hours in excess of 40 worked during the week, including the extra hour worked during the conversion back to standard time.
For sample policies, training or more information on this or any other personnel related matters contact Andrea ShindlebowerMain, personnel services specialist.
Do you have an employment law or HR topic that you would like addressed in this article? If so send an email to firstname.lastname@example.org.