Supervisor Handbook

Since the passage of the Americans with Disabilities Act of 1990, it has become even more essential to be mindful of the impact our actions have on all employment-related activities including hiring, training, pay, promotions, leave, etc. We must be sensitive to the needs of persons with disabilities, including the need to provide reasonable accommodations so that a qualified person with a disability can successfully perform the duties of the job.

Documentation

The ADA requires that medical information concerning job applicants and employees be kept in separate, confidential files. Documentation indicating diagnoses and other medical details must be kept in the special files maintained by the HFS business office staff.

Disability-Related Inquiries

The ADA limits an employer's ability to make disability-related inquiries at three stages. First, the ADA prohibits all disability-related questions prior to an offer of employment, even if they are job-related. After a conditional offer has been made, but before the person starts work, an employer may make disability-related inquiries and conduct medical exams, as long as these are done for all entering employees in the same job category. Finally, after employment begins, an employer may make disability-related inquiries and require medical exams only if they are job-related and consistent with business necessity.

Each situation requires review on an individual basis. For example, sometimes a doctor releases an employee to work on a "light duty" basis. This is difficult to interpret into acceptable job duties without clarification. Typically, accommodations are not made for essential functions of a job.

NOTE: To avoid potential liability concerns, supervisors should never contact doctor's offices for information about their employees. Similarly, supervisors should not make accommodations without having restrictions in writing. If clarification about an employee's status is needed, contact the HFS-Human Resources office for assistance.

On occasion, an employee might request work adjustments without documentation or upon return to work with restrictions identified by his/her health care provider. If you have questions about whether an employee is able to perform his/her job based on their health, or, should you need assistance regarding accommodations requested by an applicant or new employee, please contact the HFS-Human Resources Office.

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Complete an Employee Information Form, Business Office Form 13.

If your name has changed, be sure to indicate what your name was before the change at the top, left side of the form. Be sure your Social Security number is correct, and all information that has changed is complete. For example, if the reason for a name change is marriage, then you need to be sure to put your spouse's name in the appropriate space.

No Form 13 is necessary for Purdue undergraduate students.

Submit the completed Form 13 to the Operations Clerk, Human Resource Services, Freehafer Hall.

The Business Office can assist with the proper forms for other changes including:
change in TIAA/PERF beneficiary, additions or deletions from medical coverage, and change in tax deductions.

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Complete an Employee Information Form, Business Office Form 13.

If your name has changed, be sure to indicate what your name was before the change at the top, left side of the form. Be sure your Social Security number is correct, and all information that has changed is complete. For example, if the reason for a name change is marriage, then you need to be sure to put your spouse's name in the appropriate space.

No Form 13 is necessary for Purdue undergraduate students.

Submit the completed Form 13 to the Operations Clerk, Human Resource Services, Freehafer Hall.

The Business Office can assist with the proper forms for other changes including:
change in TIAA/PERF beneficiary, additions or deletions from medical coverage, and change in tax deductions.

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If staff members require access to computer systems on Purdue's mainframe (PRIDE, ARIBA, CBORD, SIRS, Bursar, Registrar) for inquiry or data entry, contact HFS Computing as soon as possible.

It is very important that you notify HFS Departmental Computing when a staff member no longer needs access to the system or is leaving your department so the account can be closed. If a staff member is transferring to another area outside of the Housing and Food Services division, access must be requested through the new department.

Executive Memorandum No. C-34 (11/11/94) outlines the data security and access policy.

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An employee, including the supervisor, may not accept legal documents (subpoena, summons, warrants, etc.) from any legal process server (sheriff's office, etc.) unless the document is addressed to that employee personally.

The following procedure should be followed if a sheriff or other legal process server requests to deliver a legal document:

• Verify the process server's identity.
• Determine to whom the document is addressed ("the addressee") and whether that person will be taken into custody.
• Determine whether the addressee is an employee of the University and if so, where the addressee works.
• If the addressee is to be taken into custody, contact HFS-Human Resources immediately. Human Resources staff will coordinate service or process by contacting the Purdue Police Department or take other action as may be appropriate under the circumstances. Do not permit the server to take custody without first consulting with HFS-Human Resources.
• Should this action occur outside of the 8 a.m. through 5 p.m., Monday through Friday work schedule, then call the Purdue Police Department directly at 48221, and advise HFS Human Resources as soon as reasonably possible. In the case of an emergency, Jenny Gough may be contacted at home.
• If the addressee will not be taken into custody, attempt to contact the person to come to the "front desk" to affect service.
• If the addressee will not be taken into custody and does not work in the building, advise the process server where the addressee works and, if necessary, provide directions to the addressee's department.
• Under no circumstances should you accept delivery of or sign for a legal document on behalf of another person. Should any of the above occur, please advise HFS-Human Resources.

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As soon as a decision to travel is made, notify your department's travel contact in order to complete the proper forms in a timely manner. Provide as much information as you can, including a letter or advertisement which states the dates of the seminar or meeting, any registration fee, meals provided, etc.

To request permission to travel, a Form 17 must be submitted at least 2 weeks in advance.

Keep all receipts during the trip, and turn in the receipts to your departmental travel clerk for reimbursement.

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Under the Access to Public Records law, the University is required to provide certain information as requested by interested parties. Executive Memorandum No. C-2 (12/28/83) summarizes the Access to Public Records policy.

Department Records

Should you receive a request from a current employee to see his/her "file," the employee has a right to see their department file. You should first clarify exactly what it is they are interested in viewing. For example, if he/she is interested in reviewing the supervisor's notes, this is protected under the law. You could respond in that instance, "Under public records law, you do not have access to that information." On the other hand, if the employee gives a broad answer such as, "I just want to see what's in there," you could respond in two ways. EITHER review the file to make sure there is no sensitive or otherwise privileged information in file, sit with the person while they review the materials to make sure nothing is removed, then note in the file what took place. Alternatively, you could call HFS-Human Resources to make arrangements for a HR Specialist to handle the situation.

It is critical that you have no disciplinary items you have not discussed with the employee or medical information (diagnoses) in the file. Employees may make copies of materials in their file, but you are allowed to charge a fee for copying.

An employee also has the right to review his/her University file. Should you receive a request from a current employee to review his/her University file, you should refer him/her to Human Resource Services in Freehafer Hall to complete a form requesting the specific information he/she is interested in viewing. After reviewing the form, the Public Records Officer or his/her designee has 24 hours to respond to the request.

University Records

Should a previous employee request to see their "file," you should refer them to Human Resource Services as indicated above.

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Refer to Business Office Memorandum 146 dated 11/18/71.

The University provides unemployment compensation coverage to all staff members except student employees under the Indiana Employment Securities Act. The University reimburses the actual cost of benefits paid by the state. The cost incurred from unemployment benefits comes from monies that normally would be appropriated for wages/salaries and/or other staff benefit programs.

All department heads and supervisors are accountable for controlling the costs of unemployment benefit claims for their area of responsibility. As a result, they need to understand:

• the eligibility of current and former employees (including temporary workers);
• the amount of benefit an individual may receive;
• the importance of holding exit interviews when an employee terminates;
• the importance of documenting actions leading to a discharge;
• the need for prompt and accurate completion of termination reports (Personnel Services Form 4); and
• the planning and scheduling of work to provide constant levels of employment and reduce layoffs and terminations.

Eligibility

A claims deputy of the local Indiana Workforce Development office determines eligibility based on information provided by HFS-Human Resources and determines whether the claimant will receive full, partial, reduced or no benefits.

Full benefits will be received by individuals who quit with good cause or are laid off (indefinitely or permanently). Partial benefits will be received by persons whose hours are cut to fewer than their regular full time week. Persons who refuse suitable work, quit without good cause (i.e. move away, quit for home obligations, etc.) or were discharged for bad conduct or poor attendance may receive reduced benefits after earning an amount equal to their weekly benefit amount in each of eight different weeks.

An individual will not receive benefits if discharged for gross misconduct, defined as assault or threatened assault on supervisors or co-workers, dishonesty, arson, sabotage or other offense constituting misdemeanor or felony under the law and committed in connection with work, and which is admitted or results in a conviction in a court of competent jurisdiction.

HFS-Human Resource specialists will work with supervisors to verify reasons for and the dates of termination and/or layoff, and hold workshops to implement procedures and advise supervisors of their responsibilities under the Act.

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See University Policy IV.14.2 Reduction in Workforce policy dated June 3, 2002.

Reduction in Workforce is a reduction in a benefits eligible staff member's number of work hours or FTE and/or the cessation of the staff member's work due to change in the University's needs or resources. The authority to identify positions for restructuring or elimination rests with the organization unit head. The unit head or their designee(s) must consult with HFS-Human Resources to ensure consistent interpretation of the policy, to review alternatives, and to assist in the development of an implementation plan.

Staff members will be retained who best meet the requirements of the remaining positions or other University priorities. Decisions must be based upon objective, job-related standards such as differences in knowledge, skills and abilities and documented work performance. If distinctions cannot be identified, reduction in workforce decisions will be based on length of continuous service with the University. Protection of affirmative action gains should be considered, but will not be the determining factor.

The policy cannot be used to remove a staff member when the primary reason is inadequate performance, poor attendance or misconduct. Such issues must be addressed through a performance review or the disciplinary process.

A unit head may reduce staff hours and/or reassign staff to other positions for which they are qualified. Temporary non-students, provisional staff in the unit, and regular staff who refuse a suitable reassignment must be terminated before regular employees who accept suitable reassignment, provided the remaining employees have the knowledge, skills and abilities to perform the work.

Notification

The employing department will give written notice to the staff member at least 30 calendar days in advance of the reduction in workforce. An employee in layoff status will be given priority consideration for placement into positions for which he or she applies and qualifies from the date of the written layoff notice to the date of termination. Supervisors must interview any candidate referred to them who is in layoff status. For any candidate in layoff status that the supervisor chooses not to hire, the supervisor will document the direct job-related reason(s) supporting this decision and include it with the hiring completion documentation. If the staff member exhausts the 120-day layoff period without securing regular employment with the University, the staff member's employment will be terminated.

Positions that are eliminated through a reduction in workforce cannot be reinstated for a period of one year following the employee's termination. If the position is reinstated during the first year following the employee's termination, the employee who was in the position at the time of the reduction in workforce must be offered the opportunity to return to the position at the same rate of pay.

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Copies of forms mentioned in this handbook can be viewed in the Business Procedure Manual on the Internet at: http://www2.itap.purdue.edu/BS/Business_Forms/

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The following posters are required to be displayed in a prominent place in each building:

Federal

• Equal Employment Opportunity is THE LAW
• Your Rights Under the Fair Labor Standards Act (federal minimum wage)
• Notice-Employee Polygraph Protection Act
• Family and Medical Leave Act of 1993

Indiana

• Indiana Workforce Development Act (unemployment compensation)
• Worker's Compensation Notice
• Safety and Health Protection on the Job (IOSHA)
• Notice of Teen Worker Hour Restrictions (revised July 1, 1999)

A complete set of these posters can be obtained free of charge from the Affirmative Action Office, American Railway Building (RAIL)

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