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Part Time Employment Law

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					Part-time employee definition

 1.   Any employee paid on an hourly basis who works
      less than 37.5 hours per week

 2.   Adjuncts (part-time instructors) with course
      assignments equal to a maximum of 108 task
      points per academic year which may be a
      combination of credit, non-credit and/or
      vocational points.

 3.   Temporary part-time employment
      * a position designated as temporary
      * no benefits are accumulated
      * appointments on a semester-by semester
         basis established by departmental needs
Part-Time Employee Rights

   Work in an environment free of harassment and
    discrimination

   Correct pay for the hours worked

   Receive professional treatment by their managers


   Managers who adhere to College work rules and the law

   Clear description of their job responsibilities
                  Work Week
   Regular part-time employment is 20-hours per week on a
    continuous basis, in part-time position(s) designated as
    eligible for membership in the Florida Retirement System
    (FRS), subject to the completion of 2,080 hours.

   Maximum of thirty (30) hours weekly with prior approval.

   May be employed in two (2) or more departments to perform
    similar or different kinds of work not exceeding twenty (20)
    hours per week.

   May be hired on part-time basis in addition to a full-time
    assignment.
               Work Week
Breaks

    For each four (4) hours of work, entitled to one-half (½)
     hour break.

Overtime

    Exceptional circumstances

    Hours worked over 40 hours per week paid at 1.5 times the
     regular hourly rate (or time and a half)
                 Leaves

Part-time employees are not eligible for:

    Paid Vacation leave

    Paid Sick leave

    Paid Sick leave pool

    Extended personal leave without pay beyond ninety
     (90) calendar days
                    Policy II-30
             Personal Leaves of Absence

Part-time employees may be granted unpaid leave through the
Family Medical Leave Act (FMLA) for up to 12 weeks in any 12 month
period providing they meet the following:

   Eligibility
             Completion of 1,250 hours of work in the 12 months
              preceding the date on which the leave commences.

             Employed for at least 12 months (not necessarily
              consecutive)
   Criteria
             Illness, or illness of a family member. Pregnancy,
              adoption, childbirth or related medical reasons.
   Limitations
           One in a 12-month period.
            Procedure 2650
    Unemployment Compensation Claims

The College will contest claims of former employees who:
     resign voluntarily
     are terminated for misconduct (e.g. intentional violation of
      College policies and procedures)
     are terminated for cause (e.g. poor job performance)

The College will not contest claims of former employees who are
affected by College-initiated staff reductions
                         Policy II-83
All personnel: worker‘s compensation law


    Florida Statutes, Chapter 440
    All employees are entitled to certain compensation and medical
     benefits when injured in the course and scope of their duties.

    Part-time employees shall be entitled to only those compensation
     and medical benefits for injury or death arising out of and during
     the course of employment as authorized in Chapter 440 and the
     Worker’s Compensation Act.

    Injuries should be reported to the employee’s supervisor and
     Campus Public Safety immediately.

    Injuries are reported by Campus Public Safety to the College
     Risk Management office within 24 hours.
              PROCEDURE 2508
    ADMINISTRATIVE/TEMPORARY DUTY
     LEAVE FOR COURT APPEARANCES


    Authorized by the President and initiated by the
     administration (court appearances, depositions, etc.)

    For the benefit of the College

    At regular pay

    With travel expenses

    Employee turns over to College fees received from the
     court
       . . . IT’S WRONG AND
     IT’S AGAINST THE LAW

1.   Discrimination based on protected class status will not be
     tolerated.

2.   Such discrimination on the basis of sex is a violation of:

     a. Title VII of the Civil Rights Act of 1964, as
         amended in 1972

     b. Title IX of the Education Amendments of 1972
     c. College Policy I-21: Equal Access/Equal
        Opportunity

     d. College Procedure 1665: Discrimination and
        Harassment Grievance Process

     e. Civil Rights Act of 1991

     f.   Other State and Federal laws
. . . IT’S WRONG AND
IT’S AGAINST THE LAW

1.   Such conduct constitutes cause for
     disciplinary action up to and
     including termination.


2.   The College prohibits retaliation
     against individuals who report
     incidents of discrimination.
Examples of sexual harassment

      Stalking

      Assault

      Sexually suggestive gestures/comments
Examples of sexual harassment



   Kidding, teasing and joking of a sexual nature

   Unsolicited, unwelcome flirtation, touching,
    compliments

   Displaying of objects or pictures of a sexual
    nature
Examples of sexual harassment


   Sexually suggestive profanity

   Sexual advances

   Requests for sexual favors, implied or explicit,
    verbal or physical
     Disciplinary And Corrective Action
         Part-Time Employee Work Rules


1.    Document (behavior, lateness, absentees, and
                 incompetence, insubordination)

2.    Possible progressive disciplinary actions
      • verbal counseling
      • written counseling
      • written reprimand
      • suspension
      • termination

3.    Assists College’s response to litigation, discrimination
      complaints and Unemployment Compensation Claims
Grounds for Immediate Termination


      Insubordination


      Falsification of time cards or time sheets


      Committing acts of violence – fighting,
       immoral conduct on College premises
Grounds for Immediate Termination


        Sleeping during assigned work hours

        Gambling or other games of chance

        Loaning/duplication of College keys
Grounds for Immediate Termination


      Possession of firearms, weapons on College
       premises

      Criminal, dishonest, or immoral conduct outside
       the College

      Falsification of personnel, medical or other records;
       omission of pertinent facts or giving false testimony
Grounds for Immediate Termination


      Theft and pilferage: Unauthorized removal or
       possession of property belonging to or in the care of
       the College.
      Conflict of interest: Use of official position for personal gain
       or personal advantage.

      Manipulation of computer data
EMPLOYEE RELATIONS SERVICE TEAM

Ms. Bettie H. Thompson
Associate Vice Provost Human Resources   Ext. 70291
Email: bthompso@mdc.edu
Fax: 305-237-0946

Mr. Clive R. Bridges
Employee Relations Officer               Ext. 70290
Email: cbridges@mdc.edu
Fax: 305-237-2513

Mr. Angel Perez
Employee Relations Officer               Ext. 70289
Email: aperez12@mdc.edu
Fax: 305-237-2068

Ms. Minda Feldheim
Secretary IV                             Ext. 70287
Email: mfeldhei@mdc.edu
Fax: 305-237-2928
Equal Employment Opportunity service team



Ms. Joy Ruff
Director                      Ext. 70269
Email: jruff@mdc.edu
Fax: 305-237-0943

Ms. Minda Feldheim
Secretary IV                  Ext. 70287
Email: mfeldhei@mdc.edu
Fax: 305-237-2928

				
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