It is the policy of D19 CSB to comply with the Fair Labor Standards Act (FLSA) of 1938, as amended and revised March 2004, which governs minimum wage, overtime pay, and record keeping requirements. In order to ensure compliance, the Board specifies in the initial offer letter of employment an employee's status (i.e., exempt or non‑exempt) according to the FLSA requirements. A non-exempt employee is one who is in a position which is subject to the provisions of the FLSA, and thus must be paid at the rate of one and one-half of the employee's regular hourly rate of pay for all hours worked over 40 in any one standard workweek rather than in the form of overtime pay or overtime leave. Overtime leave in lieu of overtime pay must be agreed to in advance by the applicable employee as evidenced by a signed letter to this effect in the employee's official personnel file. An exempt employee is one who is not subject to the overtime provisions of the FLSA. Supervisors, in conjunction with the Human Resources Office, are responsible for monitoring the work schedules of respective employees to make sure that employees are working in compliance with FLSA provisions. Timesheets are used to record and verify hours worked.
District 19 Community Services Board has six general types of employment status: full-time salaried, part-time salaried, regular hourly, temporary hourly, grant contract or part-time basis.
5.2.1 Full-time salaried, part-time salaried and regular hourly are considered to be part of D19 CSB’s overall staffing pattern. Full and part-time salaried employees are compensated on a fixed amount paid in semi-monthly installments. Regular hourly employees are compensated based on an hourly rate and paid semi-monthly based on actual hours worked. A total benefits package is granted regular full‑time employees. Part‑time salaried employees must work 20 or more hours per week in order to be eligible to receive pro-rated health care benefits and pro-rated leave benefits. Regular hourly positions will only be reclassified and advertised as part-time salaried when the Board has experienced difficulty in filling the position on a regular hourly basis.
5.2.2 Temporary hourly employees are compensated based on an hourly rate. Temporary employees are hired for the following reasons:
For temporary employees, only workers' compensation is available, when appropriate. No other benefits are granted nor are leave credits earned.
5.2.3 Grant employees are employed on either a full-time or part-time basis funded by sources identified as finite. Continuation of the grant-funded position depends upon available fiscal resources. Grant positions are to be externally recruited but do not have to be re-advertised in the event of the grant being extended or becoming a regular position. Benefits earned by grant employees are the same afforded the regular full-time or part-time staff.
5.2.4 Contract Positions. In addition to the above types of employment status, D19 CSB may hire individuals on a contract basis. Employees with independent contractual status are compensated in accordance with the individual employee's contractual agreement. No taxes are removed from payment and no benefits provided. Generally, independent contractors are hired through the use of a purchase order or contract process. Examples of independent contractors currently utilized by D19 CSB are private psychiatrists, carpenters, attorneys and janitors. Internal Revenue Service (IRS) regulations should be consulted for proper reporting.
Whether an individual qualifies as an independent contractor is closely examined by federal and state tax authorities. It is their view that employers paying individuals on a contractual basis may be attempting to avoid payroll taxes. It is the burden of D19 CSB to prove than an individual is not an employee.
The individual is an employee if: (abbreviated list)
The employer controls and directs the individual's performance.
The employer has the right to discharge the individual.
The employer furnishes equipment and office space where the individual regularly works.
The individual works only for one employer, whether on a part-time, full-time or temporary basis.
The individual is an independent contractor if:
The individual does not spend most or all of his time working for one employer.
The individual makes his services available to other employers.
The employer controls only what is to be done, not how it is done.
Any individual who works regularly for D19 CSB whether permanently or temporarily, must be put on our payroll in order that the agency pay Federal Insurance Compensation Act (FICA), federal, state and local taxes. Additionally, employees are covered by EEO, salary and benefit laws. Independent contractors are covered by EEO laws.
Determination of employee or independent contractor status is made by the Human Resources Director and the Director of Finance and Administration for final approval. The hiring agreement should clearly address the issue of independent contractor or employee classification.
Adopted 4/26/07
5.2.5 10 ½ Month School Based Employees. Positions for this employment status are school based and follow the modifications to procedures as specified below.
Employees will follow the school calendar in regards to work days and holidays. Staff will be expected to work in the school or office on teacher work days and in-service days unless on leave.
Employees work schedules are subject to modification based on training, student needs, or program manager. (See section 5.7 “Work Hours, Timesheets and Overtime”)
The “Results Expected/ Performance Standards” will be completed and signed by the employee at the beginning of each 10½ month contract (during the first week).
The evaluation stage will be completed the last week of each 10½ month contract. (See section 6.1 “Performance Planning and Evaluation”)
Employees will follow the late opening schedule or early release schedule for their home schools due to weather. (See section 7.9 “Inclement Weather and Natural Disaster”)
If employees were to be placed in a different school district, they would work the school schedule for that particular district. (See section 8.5 “Holiday”)
If a 10½ month employee accepts a new position with the agency that is a Full-time (Salaried) position, they will accrue Annual Leave at the current D19 approved rate based on their years of service.
Annual Leave
- 10½ month employees will receive two annual leave days per school year to be granted effective August 16th.
- If staff do not use their annual leave days by the end of the school year (June 30th), the unused days will be paid out to them based on their current hourly rate.
5.3 NEW EMPLOYMENT OR CHANGE IN JOB POSITION
District 19 Community Services Board will provide each new employee with a written statement, in the form of a letter regarding salary, benefits, conditions of employment, and other relevant human resources policies. This letter will be provided to new employees prior to actual starting date of employment. Attached to the letter of employment will be a position description. Both documents must be signed by the employee indicating that he/ she understands and accepts the position and conditions of employment as outlined in the letter and position description. This letter will be kept on file in each employee's human resources file in the D19 CSB Human Resources Office.
It is the responsibility of Directors to coordinate with the Human Resources Director for the enrollment of new employees on the D19 CSB's payroll. These arrangements should take place on the new employee's first working day.
When a position is re-classified or an employee is promoted, demoted or transferred he/ she will be furnished with a new letter of employment, citing specifics relative to his/ her changed status.
Revised 6/25/98
5.4 CLASSIFICATION OF POSITIONS POLICIES AND PROCEDURES
District 19 Community Services Board utilizes an "open range" salary plan. The classification of jobs within this plan reflects internal consistency, external competitiveness and market place factors, and budgetary considerations.
It is the policy of D19 CSB to comply with the Fair Labor Standards Act (FLSA) of 1938, as amended and revised March 2004 which governs minimum wage, overtime pay, and record keeping requirements.
Employee compensation corresponds to the pay grade to which the employee's position is allocated or classified and to performance, as well as qualifications upon initial hire.
A position description is created for each position, describing the priority tasks and typical work associated with the position, as well as related knowledge, skills and compensable factors. This position description also provides the basis for future recruitment and selection. The principal document in the evaluating of positions is the position description, which is prepared through a collaborative process to include the employee, supervisor, and reviewers.
Position descriptions are required for each position within the D19 CSB. As such, position descriptions delineate the work of classified jobs. More specifically, each position description includes the following:
Position descriptions are to be reviewed for potential changes during the employee's annual performance appraisal, in conjunction with proposed position re-classification, and in filling position vacancies. Recommended changes are to be proposed in accordance with the procedures described in the "Recruitment & Selection" (Chapter 3),"Classification & Compensation," (Chapter 5) and "Employee Performance Evaluation, "(Chapter 6 and ADDENDUM "B", "Guidelines for Employee Performance Planning and Evaluation") of this manual. For an example of a completed position description, see ADDENDUM "C" ("Guidelines for Writing the "Position Description" and ADMINPERS #04, "Position Description" form). The Human Resources Director and the Disability/ Division Director and responsible for ensuring position descriptions remain accurate and current.
5.4.2 Responsibility for Managing Classification Plan
The Executive Director, as Chief Human Resources Officer, has the responsibility for review and approval of classification actions. The day-to-day classification and compensation activities are delegated to the Human Resources Director. The Human Resources, Disability/ Division Directors and supervisors are responsible for assuring that position descriptions remain accurate and current.
5.4.3 Classification Procedures
When changes occur in the nature of a position because of organizational changes, fiscal changes, changes in incumbency, vacancies, changes in work standards, and other factors, the position is analyzed to examine its content and to determine any necessary changes in classification and compensation. Likewise, when an expansion of services requires the establishment of a new position, the requirements of the new position are analyzed to determine classification and compensation. The following job evaluation factors are used in analyzing the classification and compensation of the position:
– Job complexity
– Education/Experience
– Scope and impact
– Supervision received
– Working relationships
– Working environment
– Physical demands
5.4.4 Initiating Position Reviews
The position review process begins when the Disability/ Division Director contacts the Human Resources Director and notifies him/ her that certain changes in the work unit have occurred that require a review of the position's classification level.
Examples of such changes include:
5.4.5 Conducting a Position Audit Review
The purpose of the position audit review is to clarify the job content of a position and its relationship to other positions in the work unit. The audit provides the opportunity to explain the delineation of work and the relative importance of the essential functions of the positions. If through the audit review process, the position is deemed to be inappropriately classified, a reallocation can take place.
The responsibility for conducting a job audit is delegated to the Human Resources Director after being authorized by the Executive Director. The Human Resources Director conducts a job audit on the basis of information gained from the job descriptions, organizational charts, job analysis, position questionnaire, job site interviews, classification/ compensation survey methodology, and any other documentation provided by the Disability/ Division Director. The Human Resources Director submits a written job audit with recommendation(s) to the Executive Director. The Executive Director reviews the position request and supporting documentation and determines approval, disapproval, or modification of the request. Following the Executive Director's action, the Human Resources Director notifies the Disability/ Division Director, supervisor, and the incumbent of the position title and salary grade that have been approved for the incumbent. This must include providing the parties with a current position description.
It is the policy of D19 CSB to recognize changes in an employee's job duties and responsibilities and to adjust the compensation of an employee when job duties have increased or decreased to an extent that reallocation to a more appropriate classification level is justified. Reallocation is defined as the reassignment of a position from one classification to a different classification to correct an error in initial allocation or to recognize a significant change in the duties and responsibilities assigned to a position.
< The old and new classifications are in the same occupational group (occupational group is defined as one or more class series which are similar in nature of work or vocational characteristics);
< The old and new classes are no greater than two salary grades apart, unless the reallocation is to the next higher level class in the same series.
< The old and new classes are no greater than one classification level apart.
2. Downward Reallocation
- When a position is reallocated to a classification in a lower salary grade and the employee's base salary is within the salary range of the new classification level, the employee's base compensation shall not change.
- If the employee's current base salary is above the top of the scale of the new classification level, the employee's current salary will be maintained for a grace period of six months. At the end of the six-month period, it will be adjusted downward to the highest level of the new rate.
3. Lateral Reallocation
When a position is reallocated to another classification in the same compensation level, the employee shall receive no change in salary.
- Performance standards for any employee who is reallocated will be reviewed to ensure that they reflect the current duties and responsibilities of the position.
- Standards will be revised by the supervisor if they are no longer appropriate.
5.4.7 Administrative Class Changes
If the job class assignment of a position is changed as the result of a classification study (i.e.: a Classification Review) rather than as a result of a significant change in the duties assigned to a position and the relationship between classifications under the new grade structure have not changed, the compensation of the incumbent shall not change, except to bring the incumbent's salary to the minimum of the new salary grade; however, if the relationship between the classifications have changed with regard to grade, a class regrade has occurred. (See Section 5.4.9, "Class Regrade".)
If the incumbent's salary is greater than the maximum salary of the salary grade of the new class, it shall be frozen until such time as the maximum salary of the salary grade exceeds the employee's salary.
5.4.8 Position Establishment and Abolishment
Positions are established based on client service and organizational needs. Position establishment requires a complete analysis of the job to be performed so that the position can be classified within the graded classification system. The newly established position must be posted and/ or advertised.
The pay of employees selected for a new position will be determined by the "Promotion" Policy (Section 4.1.2) or "Demotion: Voluntary, Disciplinary, Layoff" Policy (Section 4.1.3) as appropriate. Pay of persons hired from outside D19 CSB will be determined by the "Starting Salary" Policy (Section 3.3.6).
Position abolishment occurs as result of client services and organizational needs. An incumbent of an abolished position may apply for any posted and/ or advertised new position. If not selected to fill a new position, the incumbent will be treated according to the layoff policy (demotion in lieu of layoff).
An abolishment or establishment request must be verified, reviewed, and authorized by D19 CSB Executive Director. Position establishment and abolishment requires approval of the Board.
A class regrade is the change in the salary grade assignment of a specific job class. This change is the result of the need to establish equity with comparable jobs in the labor market and/ or internal equity between job classes within D19 CSB system.
The degree of change in a class's salary grade assignment is determined by the competitive position of the current salary grade and the financial resources of D19 CSB. The degree of change in employee compensation as a result of a class regrade is determined by the Executive Director and the Board, based on the compensation needs of D19 CSB, available funding, and the ability to treat all employees of such a class equitably. Employees cannot be paid at a rate of pay below the minimum step of their assigned salary grade.
5.4.10 The Maintenance and Review of the Classification System
When new position descriptions are prepared, signatures of reviewers are secured and a copy provided to the employee. The original position description should be placed in the employee's human resources file. The maintenance and continuous review of the classification plan ensures that significant changes, which may occur in the duties and responsibilities of positions over a period of time are recognized and, when necessary, appropriate allocation changes are sought.
The continuous review is an on-going process whereby the Human Resources Director reviews the position descriptions at least every two years. Changes need to be reported to the Human Resource Director by the Disability/ Division Director. This review shall be documented, in writing, to the Executive Director by the Human Resources Director.
The following actions may occur as a result of this continuous review of position descriptions:
The Executive Director recommends and authorizes class regrades, structure adjustments, the compensation of D19 CSB employees, and other compensation adjustment. Such recommendations are subject to the approval of D19 CSB's Board of Directors. To ensure consistent survey methodology and to limit to a reasonable level the exchange of salary data between D19 CSB and the labor market:
The salary ranges should be reviewed at least every two years to determine the amount of adjustment needed, if any, to keep them current. Adjustments should be based on the results of a compensation survey, including use of comparable organizations and analytical procedures.
Under an "open range" plan, any future range adjustments would not immediately translate into a salary adjustment for employees. The importance of the range adjustment is to ensure D19 CSB range structure stays competitive with the market. In turn, employees will benefit because their "salary/midpoint" ratio will drop in proportion to the range adjustment thus providing opportunities to receive a proportionately larger merit increase assuming funding availability.
5.4.13 Contracting for Compensation Surveys
The contracting with external organizations, consulting firms, or individuals for the purpose of conducting compensation surveys requires the written approval of D19 CSB Board of Directors and shall be permitted only in the absence of recent and relevant compensation data as determined by the Executive Director.
Revised 2/24/00
5.5 OVERVIEW AND ADMINISTRATION OF D19 CSB PAY PLAN
5.5.1 Relocation Financial Assistance
It is the general policy of D19 CSB not to provide any relocation assistance to newly hired employees. However, under certain circumstances such as a particular applicant or new hire possessing specialized credentials or experience, the Executive Director, at his/ her discretion may provide relocation financial assistance. The amount of this assistance will be negotiated on an individual basis by the Executive Director.
5.5.2 Cost-of-Living Increases
Cost-of-living adjustments to salary ranges are determined by the Board, and are not based upon the employee's performance.
Salary increases may be granted for meritorious performance. These increases must be recommended by the Program Director and approved by the Executive Director. Merit increase (if awarded) will coincide with the employee's annual evaluation and will be based on the availability of funds as authorized within the Board's annual operating budget.
Salary increases are contingent each year upon state and local budget appropriations and D19 CSB budget actions. The Board retains the sole authority to adjust the pay plan.
5.5.5 Increased Job Responsibilities
In those instances where an employee's position absorbs additional responsibilities without justifying a grade reallocation, the Executive Director may authorize up to a 5% increase.
Revised 6/25/98
5.6 CLINICAL LICENSURE INCENTIVES
Master's degreed clinicians who become licensed as a clinical social worker, professional counselor or psychologist while employed at D19 CSB will be offered incentives for doing so. Benefits to the Board include increased reimbursement for services and enhanced professionalism, important when marketing to Health Maintenance Organizations (HMOs) and consumers.
Direct line supervisors are responsible for encouraging and monitoring staff in their steps toward licensure. They will notify Clinical Services administration immediately in the event they cannot provide the license supervision required so this can be obtained from another qualified licensed D19 CSB clinician, when possible.
Staff who assume responsibility for providing license supervision for clinician(s) not assigned to them on the organizational chart, will be formally recognized for their additional work on the performance evaluation and by means of letter of appreciation which will document their effort in their human resources file.
5.6.1 Periodic Job Requirement Verification
Employees are required to provide documentation of professional licenses on an annual basis to the Human Resources Office.
5.7 WORK HOURS, TIME SHEETS AND OVERTIME
5.7.1. Working Hours and Work Schedules
The standard workweek for Board employees is defined as the period from 12:01 a.m. Sunday until midnight the following Saturday. The actual number of hours worked in a workweek is 35. Employee work schedules may vary according to the hours of coverage of the individual program. The Board elects to allow each employee a 45-minute break for a meal within any given eight-hour shift and a 15-minute break. These breaks may be combined to extend the lunch break to one hour. Under no circumstances may the workday be shortened due to these breaks not being observed. No schedules may be flexed to allow leave unless staff have worked in excess of 40 hours within a given week.
For staff, typical work schedules are from 8:00 a.m. to 4:00 p.m. or 8:30 a.m. to 4:30 p.m., five days a week or 7:00 a.m. to 5:00 p.m. four days per week. Four-day work weeks will only be for programs where adequate staffing is available to maintain coverage during normal work hours for a full work week. Four-day work schedules must be approved by the Division Director and Executive Director. It is understood that some jobs may require more variable schedules on either a frequent or infrequent basis. Therefore, schedules are determined according to staffing requirements, and as conditions change, it may be necessary to change work schedules.
Direct care staff may have more variable schedules, including evening and/ or weekend hours, dependent upon programmatic needs. Overnight (i.e., sleeping) hours and "on call" hours are generally not considered a part of the employee's weekly hours, but are typically compensated at a separate rate, or counted as work time in addition to the standard workweek and compensated as a part of the employee's annual salary. Each employee's supervisor will inform him/ her regarding hours of work, days off, and other related scheduling issues. NOTE: Hourly employees may be compensated at a sleep time rate (minimum wage) which is lower than their regular rate IF sleep time exceeds five hours of uninterrupted sleep.)
5.7.2. Time Reporting and FLSA
Maintenance of time records for employees is required by the FLSA and these records are subject to inspection by federal authorities as well as internal and external auditors to determine if violations have occurred. Penalties for violation of this policy are substantial. Managers and supervisors are responsible for knowing the requirements of the law and administering the time sheets and related payroll matters to protect the interest of both the employee and D19 CSB.
The basic provisions of the Act require the payment of time-and-one half overtime to employees covered by the FLSA for hours worked over 40 within one workweek. The Act sets a minimum wage that must be paid to all covered employees. There are also child labor and equal pay provisions included in the Act.
Time sheets are completed by all employees (regular and temporary) on a semi-monthly basis to track and record number of hours worked and leave time used or compensatory leave earned.
Salaried time sheets (See ADDENDUM "D", "Guidelines for Time and Attendance Reporting" (To be published.)) are not considered pay documents - Salaried workers are paid on the 16th and 1st of the month for all hours worked up to that point. If a salaried worker is overpaid due to leave without pay (LWOP), the full amount overpaid will be recouped on the next pay date. These time sheets:
< Are due five working days after pay date
< Will reflect hours worked and leave taken
< Leave reflected on pay sheet is one pay period in arrears
Hourly time sheets are due two times each month and cover the following periods:
< 6th - 19th of month - Time sheet due 25th of month to payroll. Paid on 1st of month.
< 23rd - 5th of month - Time sheet due on 8th to payroll. Paid on 16th of month.
All employees are paid twice monthly, on the first and sixteenth days of the month. When the first or sixteenth day of the month falls on a Saturday, Sunday or an observed holiday, pay day is the last workday immediately preceding those dates. With the exception of temporary employees, employees may elect to be paid by check or by direct deposit.
All employees of D19 CSB are covered by the FLSA, although some employees are exempt from its provisions depending upon the types of positions the employees occupy. For purposes of the FLSA, each position must be designated exempt or non-exempt.
Staff members' status for overtime purposes is determined using the salary and work tests defined in the Wage Hour Law of the FLSA. The Human Resources Director is responsible for determining non-exempt (eligible for overtime) and exempt (not eligible for overtime) status. Position manager/ supervisor may be consulted as needed.
Time record keeping requirements are not as extensive for exempt employees since these employees are paid to perform certain functions, regardless of how many hours are required to gain results. The timekeeping system for exempt employees reflects this distinction. Compensatory time or adjusted work schedules may be used in lieu of overtime payments for non-exempt employees. (See Section 5.7.5, Compensatory Time Accrual.)
The question of whether overtime work is to be performed or not should never be left to the discretion of the person who will do the work. Overtime work should never be permitted without prior approval of the facility Manager, Disability/ Division Director, and Executive Director. Permission to work overtime should not be granted unless it is apparent that the task cannot be completed when due by working only during regular hours; or when an employee is needed to work overtime in order to have proper coverage for program or safety needs.
When it is practical and possible, it is D19 CSB's policy to distribute overtime work equally among the employees to whom the work is assigned as a part of their regular duties.
All overtime is to be reported on the time sheet. The report is to be signed by the person performing the work and approved by the person authorizing the overtime.
It is D19 CSB's policy for exempt employees to take compensatory leave from work in lieu of overtime pay. A non-exempt employee will be given the option of overtime pay or compensatory leave. If leave is chosen, it must be given at the rate of one and one-half hours for every hour actually worked over 40 hours in a workweek. The compensatory leave in lieu of overtime pay must be used within six months of the date from which it is earned unless authorized by the Executive Director and it must be used prior to using earned annual or sick leave. (See Policy 5.7.5 ("Compensatory Time (Accrual)) for additional policy regarding compensatory leave).
5.7.5 Compensatory Time (Accrual)
Compensatory time off can be granted by an employee's immediate supervisor and disability / division/ program director to non-exempt who may need to work more than his/her regularly scheduled workweek. No schedules may be flexed to allow leave unless staff have worked in excess of 40 hours within a given week. (An employee's non-exempt or exempt status is based on the FLSA and identified in their job description). Working an adjusted schedule within a given workweek is preferable to granting employee compensatory time off. (Adjusted schedules must be pre-approved by supervisor and division director.)
Compensatory time off is to be used in lieu of overtime compensation unless granting compensatory time off will negatively impact the Board's operation. Payments of overtime in lieu of compensatory time off require the written, pre-authorization of the Executive Director. (Compensatory time off means hours during which the employee is not working and which are not counted as hours worked during the applicable workweek.)
Employees required to work on Holidays by Disability/Division Directors will be compensated as follows:
OR
B. Part time hourly employees when required to work on a holiday:
will continue to receive pay at their normal hourly rate for any hours worked on a holiday.