If any provision of this section conflicts with any District bargaining agreement which applies to you, the bargaining contract takes precedence.
The District is required by law to collect demographic information from applicants and employees for use in federal reporting and affirmative action (AA) tracking purposes. Collection of this information is not voluntary, all employees and students are required to comply with the new Federal Guidelines.
- Any employee who engages in discriminatory or harassing conduct is subject to discipline up to and including termination.
- Supervisors and managers have responsibility to:
- Model appropriate behavior;
- Solicit feedback and provide direction and coaching to employees on appropriate behavior;
- Monitor the work place and stop any discrimination and harassment; and,
- Listen to and document complaints of discrimination or harassment and work directly with Human Resources staff to investigate and take corrective action where appropriate.
- Discrimination different treatment of employees or applicants because of their race, sex, sexual orientation, gender identity, color, national origin, age, religion, disability, marital status, familial status, source of income, or any other legally protected status with respect to hiring, promotion, demotion, transfer, recruitment, termination, compensation, or any other term or condition of employment.
- Harassment a form of unlawful discrimination defined as any unwelcome verbal, physical or visual conduct based on race, sex, sexual orientation, gender identity, color, national origin, age, religion, disability, marital status, familial status, source of income, or any other legally protected status, when that conduct is made explicitly or implicitly a term or condition of employment, is used as a basis for employment decisions, or has the purpose or effect of unreasonably interfering with performance or of creating an intimidating, offensive or hostile work environment. Each employee must exercise his or her own good judgment to avoid engaging in conduct that may be perceived by others as harassment.
- Sexual harassment - unlawful discrimination based on gender. Unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature constitute sexual harassment when the conduct is directed toward a person because of his/her gender, and when submission to such conduct is made explicitly or implicitly a term or condition of employment; submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting that individual; or, when the conduct has the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile or offensive work environment.
Harassment, discrimination and retaliation against district staff and students are strictly prohibited by school board policy. Employees who believe this policy has been violated must report it promptly to their building administrator, the Director of Human Resources or designee (541-790-7660), or the Superintendent's office (541-790-7707), Eugene School District Education Center, 200 N. Monroe Street, Eugene, Oregon 97402.
- It is the policy of the District to comply with the provisions of the Americans with Disabilities Act (ADA) and applicable state and local laws that forbid discrimination in employment against qualified individuals with disabilities. (As defined in the ADA, a qualified person with a disability is an individual with a disability who can perform the essential functions of the job the individual holds or desires to hold, with or without reasonable accommodation.) The District will ensure that qualified individuals with disabilities are treated in a non discriminatory manner in the pre employment process and in all terms, conditions, and privileges of employment. The District will give applicants and employees with disabilities reasonable accommodations, except where making an accommodation would create an undue hardship for the District. Every District employee holds the responsibility of creating an environment free from discrimination or harassment, including discrimination or harassment due to a disability.
- The District is also committed to complying with the requirements of Section 504 of the Rehabilitation Act of 1973, which also prohibits discrimination against an otherwise qualified individual due to his/her disability. The Human Resources Director is designated as the coordinator of the District’s efforts to comply with the employment related portions of this law, as well as the ADA.
- The Human Resources Department will provide notice to all applicants and employees of the procedures for requesting accommodation; work with applicants who request accommodation during selection processes; work directly with hiring supervisors to ensure compliance to the ADA; work with supervisors to ensure that they are trained on the ADA; and, work with supervisors when accommodation needs are requested by employees. Applicants or employees of the District who feel they have a disability that requires accommodation should follow the procedures maintained by and available through the Human Resources Department.
- Employees are expected to do their work and conduct themselves competently and professionally at all times when at work or representing the District. Employees must accept responsibility for their own conduct, and show personal and professional integrity at all times. Employees are also expected to conduct themselves off work in a lawful manner, and in a manner that does not bring reproach to the District, or impair their ability to perform as District employees.
- The District encourages parents and community members of the District to volunteer their time, services and financial support to District schools and programs. Employees should take the time to recognize contributions to the District. Employees may not, however, grant special favors, exceptions, or fail to take appropriate action with a parent or community member because of his or her contributions. District employees are expected to be fair and judicious in the execution of their duties.
The District is committed to workforce diversity and having a positive and professional workplace for all who work here. The District will take all necessary steps to ensure that the work environment remains productive for everyone. It is the responsibility of all employees and agents of the District to treat each other with courtesy, consideration, and respect. The District does not tolerate: (1) any forms of harassment, or offensive or discourteous behavior; (2) demeaning statements, threats, or intimidation; (3) unprofessional and discourteous actions; or (4) any behavior that creates or fosters an unwelcome or abusive work environment.
Employees who feel they have been subjected to disrespectful communication or treatment by other District employees, volunteers, or the public should report it to their supervisor or their administrator.
Acceptance of a cash gift by any individual employee is strictly prohibited. Generally, state law prohibits public employees from using their positions to obtain financial benefits or avoid financial detriment. This would include most gifts (other than those with a cash value of less than $50), donations, discounts or other financial benefits. Employees should check with a supervisor prior to accepting gifts over $50, donations, discounts, or other financial benefits to ensure that it meets the policy guidelines of the District.
District employees are entrusted with the resources of the community including the management of public funds. Many employees’ jobs require them to handle cash, mange funds, and make purchases. Employees have a fiduciary responsibility to the public and are expected to conduct all management of public funds with the utmost accuracy, accountability, and honesty.
For those employees whose jobs require placing orders for goods or services or otherwise making a commitment to purchase in the name of the District such as with the use of a District credit card, the following responsibilities must be met.
- Propriety – The purchase must be a proper one, and the goods and services must be necessary to conduct activities of the department or divisions in fulfillment of its programs. No portion of the goods or services, when provided, shall be used for personal gain or use.
- Compliance – The purchase must comply with District Public Contracting Regulations, District policy, and Oregon Revised Statutes, including Oregon Ethics laws, as well as standard purchasing practices.
- Fair Price – A definite price or basis for charges that is fair and reasonable must be established at the time of purchase, and a proper expenditure method must be secured and approved prior to making the purchase.
- The District and individual employees must be careful to avoid the appearance or perception that they are using public funding inappropriately to benefit individuals and organizations associative with charitable and non-profit companies.
- The District participates in the Combined Charitable Contributions Campaign which is an organized annual fund raising effort approved by the Superintendent that benefits many groups. United Way manages this multi-agency effort. Employees participating in the United Way Day of Caring must use vacation or other personal leave for the time away from work.
- Any other fund raising activities that involve the use of District resources (computers, phones, faxes, etc.) or are done during work time must be approved by a director and must meet all criteria outlined in the District’s administrative policies.
As a public entity, the District is committed to keeping community members informed about issues of public interest All records produced and maintained by the District will be open to the public, unless exempt from disclosure under state or federal law.
- E-mail messages, voice mail messages, faxes, interdepartmental mail, computer files and information printed from District computers are all considered property of the District, and may be subject to disclosure under Oregon’s Public Records Law.
- All employees have an obligation to maintain appropriate confidentiality in the management of public records and to understand the appropriate dissemination of those records.
- Employees do not have the authority to copy, remove, or distribute public records unless it serves a specific business purpose of the organization. Only the custodian of a specific public record has the authority to disclose or disseminate that record. (ORS 192.410 to 192.505)
The following administrative rule concerning e-mail use is intended to promote an ethical and professional work environment and to meet the requirements governing the use of District computer resources. District e-mail accounts are provided to current District staff for the purpose of conducting District business, and to students to enhance their educational experience. Staff e-mail accounts will be deactivated upon termination of employment; student e-mail accounts will be deactivated upon graduation or withdrawal.
All District e-mail users are responsible for understanding and observing the District Technology Appropriate Use Guidelines, and all other applicable policies, regulations and laws in connection with their use of District computer technology resources. The District Technology Appropriate Use Guidelines are available on the District's website at www.4j.lane.edu/cis. These guidelines require that communications on District equipment be appropriate, professional, and courteous. These guidelines and state law also provide that an employee's District e-mail account is not to be used as a substitute for an employee's personal e-mail account. Using District-provided email for personal correspondence, except on an incidental basis, is prohibited. Conversely District business that is conducted by e-mail should use a District e-mail account and not a personal e-mail account. A personal e-mail account should not be forwarded to a District e-mail account and a District e-mail account should not be forwarded to a personal e-mail account.
All electronic mail records are considered District records subject to potential disclosure under the Public Records Act. Employees and students should have no expectation of privacy in their electronic communications.
All staff and student e-mails sent and received through the District e-mail system are the property of the school system and will be retained (archived) for a minimum of three (3) years. An investigation team will be established when necessary to review archived records. In the case of a litigation hold (a directive not to destroy electronic mail that might be relevant to a pending or imminent legal proceeding), normal retention procedures will be suspended for all related records.
Abuse is defined in the statute as:
- Any assault of a child and any physical injury to a child which has been caused by other than accidental means, including any injury which appears to be at variance with the explanation given of the injury;
- Any mental injury to a child, which shall include only observable and substantial impairment of the child’s mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child;
- Rape of a child, sexual abuse, or sexual exploitation;
- Negligent treatment or maltreatment of a child, including but not limited to the failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the health or welfare of the child;
- Threatened harm to a child, which means subjecting a child to a substantial risk of harm to the child’s health or welfare;
- Buying or selling a person under 18 years of age;
- Permitting a person under 18 years of age to enter or remain in or upon premises where methamphetamines are being manufactured; and,
- Unlawful exposure to a controlled substance that subjects a child to a substantial risk of harm to the child’s health or safety.
A new law, effective July 1, 2010, requires reporting and other procedures when a staff member is suspected of directed sexual conduct toward a student. Please inform your staff about the requirements below:
1. Sexual Conduct by School employees towards students is prohibited.
The District strictly prohibits child abuse and sexual conduct by school employees. “Child Abuse” is defined in District Administrative Rule G2400 and discussed above.
“Sexual conduct” means any verbal or physical conduct by a school employee that:
1. Is sexual in nature;
2. Is directed toward a student;
3. Has the effect of unreasonably interfering with a student’s educational performance; and
4. Creates an intimidating, hostile or offensive educational environment.
Sexual conduct does not include behavior that would be child abuse as outlined in District Administrative Rule G2400 - Reporting Child Abuse.
All employees are subject to this administrative rule.
2. Employees need to follow certain reporting procedures in cases of Suspected Child Abuse or Sexual Conduct by School Employee: Any employee who suspects that another employee, contractor or volunteer has engaged in child abuse or sexual conduct must immediately report it to his/her supervisor and the Director of Human Resources or designee who may be reached at 541‑790‑7660. This reporting obligation is in addition to the duty of every school employee to report suspected child abuse to a local law enforcement agency or the local office of the Department of Human Services.
No reprisal or adverse action will be taken as a result of an employee who initiates a good faith report about suspected child abuse or sexual conduct by a school employee.
3. Administrative Leave and Investigation: In all cases of suspected child abuse or sexual conduct by a school employee there will be an investigation conducted, and in some cases, the district will place an employee on paid administrative leave pending the investigation.
4. Required Training: By law, district employees must receive training each year on the prevention and identification of child abuse and sexual conduct and on employees’ obligations to report. Additional information on the mandatory training will be provided by Human Resource later in the year.
5. Required Posting: The law requires each school building to post the name and contact information of the persons designated for the school building to receive reports of suspected child abuse by school employees and the procedures the person will follow upon receipt of a report. In addition to this notice, please post District Administrative Rule G2400.01 in a conspicuous place.
Oregon Revised Statutes extend the privilege of confidential information to employees under certain situations. ORS 40.245 extends the privilege of confidential communication to all licensed staff members of an elementary or secondary school. ORS 40.245 extends the privilege of confidential communication to school counselors. ORS 418.755 (1) states that in the case of abuse of a child, as defined in ORS 418.740, the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to registered clinical social workers and the husband-wife privilege created by ORS 40.230 to 40.255 shall not be a ground for excluding evidence regarding a child's abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 418.750.
Each employee is expected to obey safety rules, to exercise caution in all work activities, and to provide guidance to students regarding safety and accident prevention. Employees must immediately report unsafe conditions to the appropriate supervisor or administrator. Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate remedy such situations, may be subject to discipline, up to and including dismissal. See Administrative Rule E1000 – E1999 for further information regarding the District’s safety rules and procedures, including the responsibilities of employees of the District.
Workplace violence is defined as any act of physical, verbal or written aggression by an individual in or related to the work place. This includes, but is not limited to, verbal threats or intimidation and physical intimidation, assault or battery by an employee, former employee or any visitor to a District workplace. Workplace violence may also include destruction or abuse of property.
It is the responsibility of all employees and agents of the District to create and maintain a work environment free of workplace violence.
Employees and other agents of the District, who experience any form of violence in the workplace, including physical or verbal threats, are expected to report the incident immediately to a supervisor, administrator, or Human Resources. In addition, any employee having knowledge of a violent act committed in the workplace must also report it.
In any instance where an employee’s impaired job performance or conduct provides reasonable suspicion of drug or alcohol use, the District may require appropriate testing. Testing procedures and the validity of the results will be measured by the prevailing practice in the medical field. In all situations where testing is called for, due consideration will be given to the legal rights and privacy of the tested employees.
Employees who are concerned about their use of alcohol or drugs are urged to seek confidential assistance from the Employee Assistance Program (EAP). Employees may also contact the Human Resources Department for assistance and can be assured that the contact will remain confidential to the extent legally possible. For employees who seek assistance in advance of detection, the District will provide reasonable accommodation as necessary and practical to allow treatment to take place.
The legal use of prescribed drugs or over-the-counter medications is permitted on the job, unless the use of the drug(s) may limit or impair the employee's ability to perform employment related duties safely and efficiently. It is the employee’s responsibility to ascertain whether the use of a medication will limit or impair them.
- Alcohol - The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
- Drugs - Any intoxicants or controlled substances as defined by the criminal code of the State of Oregon, or substances lawfully prescribed for the employee's use and over-the-counter medications, which could have an adverse impact on their ability to perform their job duties in a safe manner. The definition of drugs excludes alcohol.
- Drug or Alcohol Test - The compulsory submission of urine, breath, or blood by an employee in accordance with established collection and testing procedures to detect drug and/or alcohol use.
- Reasonable Suspicion - Specific observations concerning the appearance, conduct, speech, odor on the breath or body odors of an employee that would cause one to suspect that the employee is under the influence of alcohol or drugs.
- Under the Influence of Alcohol - An individual is considered to be "under the influence of alcohol" when the individual's blood alcohol content exceeds .02%.
- Under the Influence of Drugs - An individual is considered to be "under the influence of drugs" when a detectable amount of a drug is found in the individual's body that may impair the individual's ability to safely and efficiently perform job duties and responsibilities.
- Work place: Any location where an employee is performing District job duties or is representing the District in an official capacity whether or not the employee is compensated. The exclusion of alcohol from the work place does not pertain to those sites at which, in the judgment of the Superintendent, the use of alcohol cannot be avoided, such as during business meetings with members of foreign delegations where refusal of a traditional "toast" would show disrespect for the customs or culture of the delegate.
Violations may result in discipline up to and including discharge.
The following conduct is prohibited in the work place, on school premises, while working, and at a District activity:
- The unlawful buying, selling, transportation, possession, providing or use of drugs;
- The use of alcohol;
- Being under the influence of alcohol;
- Being under the influence of drugs;
- Having a detectable odor of alcohol on the breath;
- Operating a District owned or leased vehicle or one rented with District funds at any time proximate to consuming intoxicants or a private vehicle if using the vehicle in the course of conducting District business or when going to, or coming from, District business, either in town or while attending training or other business out of town;
- Failure to report limitations or impairment caused by prescribed medications or over-the-counter drugs.
If an employee is not terminated for violations of this policy, the employee who has tested positive for drugs or alcohol will be required to sign a performance agreement. Provisions for unannounced testing for a specified period following the positive test may be included in the agreement. If the employee violates the terms of the agreement or again tests positive during such a period, he or she may be subject to immediate dismissal.
Additionally, an employee’s assigned District property (e.g. desk, locker, and vehicle); personal property (e.g. handbag, brief case, and backpack) and clothing may be subject to search with reasonable suspicion. All searches of this nature will be documented and handled in a confidential manner.
The District also reserves the right to conduct searches related to any criminal investigation, as in the case of unlawful buying, selling, transporting, possessing or providing drugs.
- District employees who have other employment while working for the District, including on-going self employment, must ensure that the other employment meets the following criteria:
- Other employment must not detract from the efficiency of the employee in his/her District’s work;
- Other employment must not be a discredit to the District or interfere in any way with the District’s mission; and,
- Other employment must not create a conflict of interest, or the perception of a conflict, with the employee's District job.
- The District reserves the right to condition continued employment or the offer of employment on an employee’s ending other employment if, in the Superintendent’s judgment, the other employment violates one or more of the above criteria.
- Contracting for District Work
A District employee cannot be a contractor or sub-contractor with the District, unless an exception is granted by the District’s Chief Financial Officer or his/her designee.
- Classified employees are those regular employees in positions represented by the Oregon School Employees’ Association (OSEA).
- Licensed employees are those regular employees in positions represented by the Eugene Education Association (EEA).
- Administrative employees are those regular employees in administrator, supervisory, or professional positions.
- Human Resources oversees or conducts general salary surveys for identified classifications on a periodic basis. The classifications to be surveyed and the appropriate jurisdictions for each classification are approved by the superintendent. If a classification falls within a range of five percent (5%) average above or below the market, it is considered to be within market.
- Salary surveys for specific positions will be conducted only when a new classification is being established or specific conditions exist that indicate the compensation for a classification needs to be reviewed. The two primary causes for a market review of a classification outside a broader process are recruitment problems (having advertised the position more than once without successfully filing it) or turnover problems (a pattern of resignation for other employment).
- The internal comparability of administrative and classified positions is evaluated by a committee using a point factoring system. Separate committees are used for each group. Internal comparability is evaluated when there is insufficient market information to establish pay for a position. The committees also review existing classifications when there are significant and ongoing changes of duties or responsibilities.
When an employee is reclassified to a lower pay grade, has a reduction in pay grade due to market data, or accepts a voluntary demotion to avoid being laid off, her/his salary will be frozen or "red-lined" until his/her salary is at or below the top step for the new range, or for the period of time of time specified in the contract or agreement. Benefits are not red-lined. If the employee moves to a position with a shorter work year, additional duties may be assigned that allow the employee to work additional days.
In lieu of overtime, employees covered by a bargaining agreement may elect to receive compensatory (comp) time off at the rate of one and a half to one for all hours of overtime worked. A maximum accrual for comp time is specified in bargaining agreements. In accordance with federal regulations, employees must be permitted to use comp time within a reasonable period after requesting the time off, unless the employee’s absence would unduly disrupt the operations of the District. Also, comp time may be cashed out at any time and must be paid at the employee’s regular rate at the time.
Employees are provided at least a thirty (30) minutes meal period for any shift six (6) hours or more in length. This time is unpaid as long as an employee is relieved of all duties.
Neither breaks nor meal periods may be taken at the beginning or end of the work period.
- An employee needing to express milk for her child 18 months of age or younger will be provided a 30 minute unpaid rest period during each four hour work period, to be taken by the employee approximately in the middle of the work period. The employee shall, if feasible, take the rest periods to express milk at the same time as the rest periods or meal periods that are otherwise provided to the employee. To the extent that the break period needed to express milk exceeds the employee’s paid rest period, it is unpaid, although the supervisor may allow the employee to work before or after her normal shift to make up the amount of time used during the unpaid rest periods.
- Unpaid rest periods used by the employee to express milk will be considered paid work time for the purpose of determining an employee’s contribution toward their health insurance premium.
- The District is not required to provide rest periods to express milk if doing so would impose an undue hardship on District operations.
- The employee should provide the supervisor of notice that employee intends to take rest periods to express milk.
- Work units are required to make reasonable efforts to provide a location other than a public restroom or toilet stall close to the employee’s work area for the employee to express milk.
- The District provides health insurance which includes medical, dental, and vision coverage for regular employees and their eligible dependents to cover non occupational injuries and illnesses. Employees may enroll their domestic partners and the domestic partner’s eligible dependents.
- Payment of a portion of the health insurance premium may be required depending on the employee group, the employee status as part-time or full-time, the medical plan selected, and/or the number of dependents covered.
- In order to be covered by district health insurance plans, eligible employees must submit a plan election no later than 31 days after their first day of work in a benefits-eligible position.
- The District will provide information to employees on district health insurance options and other insurance benefits.
- Basic Life/Accidental Death and Dismemberment Insurance - pays benefits to the named beneficiary in the case of the employee's death, or to the employee in the case of the employee's dismemberment. Benefit amounts and maximums vary by employee classification.
- Long-Term Disability Insurance - pays benefits to the employee in the case of the employee's loss or reduction of income as a result of disability.
- Flexible Spending Accounts - a voluntary program which reduces income tax liability for employees who elect to set aside funds for eligible health care related and/or dependent care expenses. Employees must actively enroll each plan year in order to participate. There is no "cost for participation" to the employee.
- Access to the 4J Wellness Clinic - a medical facility dedicated to providing basic health care services solely to 4J benefits-eligible employees and their benefits-eligible dependents. There is no cost to the patient at the point of service.
- Access to the Employee Assistance Program (EAP) - access to no-cost mental health, financial and/or legal counseling services and/or substance abuse treatment. The EAP provides confidential personal, family, and other counseling services, up to four (4) visits per issue per year. EAP services include assessment, short term counseling and referral.
- Coding Time
- When a supervisor refers an employee to the EAP for job related issues, the EAP appointments may be coded to regular work time.
- In other situations, if the employee is unable to schedule an EAP appointment outside of regular shift hours, sick leave may be used for the appointment.
- Coding Time
- Supplemental Life Insurance - the District may make available (depending on the employee group) supplemental life insurance at the employee’s cost which may pay benefits (depending on type of plan elected) to the designated beneficiary in the case of the employee's death, or to the employee in the case of the employee's dismemberment, or death or dismemberment of the employee's spouse, domestic partner, child or domestic partner's child (specific eligibility requirements apply to each plan)
- Employees hired prior to January 1, 1996 are eligible for membership in PERS Tier One. Employees hired on or after January 1, 1996, and before August 29, 2003 are eligible for membership in PERS Tier Two.
- Employees hired on or after August 29, 2003 are eligible for membership in the Oregon Public Service Retirement Plan (OPSRP), unless membership was previously established in PERS. OPSRP has two components: the Pension Plan (defined benefit) and the Individual Account Program (or IAP, which is defined contribution). OPSRP is administered by the PERS Board.
- The PERS Tier 1 and Tier 2 employee contributions also go into the Individual Account Program (IAP).
- Consult the PERS website http://oregon.gov/PERS for more information on benefits calculations, retirement ages and other details of the PERS retirement plan.
Employees may elect to start, stop or change their TSA amounts at any time during the year. Changes are effective at the first of the month following the election, as required by IRS regulations.
Prior to termination of employment withdrawals are only possible by completing a TSA hardship withdrawal application, unless an employee qualifies for a voluntary small account withdraw. All withdrawals must meet IRS guidelines in order to be approved.
Employee wishes to request vacation should obtain supervisor approval prior to taking the time, in accordance with his/her department or building procedures. It is the employee’s responsibility to ensure he/she has sufficient unused earned vacation time for the time requested.
- Annual Military Training Leave
Employees who have worked for the District for six (6) months are entitled to a military leave of absence with pay not to exceed fifteen (15) days in any one training year for annual active duty for training as a member of the National Guard, National Guard Reserve or any reserve component of the U.S. Armed Forces, or of the U.S. Public Health Service. A training year means the federal fiscal year for any particular unit of the National Guard or a reserve component. Such leaves are granted without loss of other leave and without impairment of other rights or benefits, providing the employee receives bona fide orders to training duty for a temporary period and providing they return to their position immediately upon expiration of the period of ordered duty.
- Leave While on Military Duty
The following policies apply when employees are called up for military duty. Unless the employee dies, resigns, or is relieved or discharged from duty under other than honorable conditions, the employee will be considered on military leave for a maximum period of five years, as specified in ORS 408.240 and the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).While on military leave the District will not provide salary or benefits.
Leave Without Pay While on Military Leave
Leave without pay is allowed in accordance with ORS 408.240 and USERRA for employees who enter military service for extended periods of duty. District policy requires employees going on leave without pay to use all appropriate personal leave before leave without pay can begin. However, employees may request to receive a lump sum payout of eligible accrued leave or the ability to retain a portion of their accruals.
- Health Insurance While on Military Leave
Employees on military leave without pay may elect to continue their health insurance coverage through the District on a self pay basis for up to 24 months under USERRA.
- Leave Without Pay While on Military Leave
However, upon returning from military leave, employees will be credited their military leave time for the purposes of determining their vacation accrual rate or any other affected benefit. The sick leave balance the employee had at the time s/he began their military leave will be reinstated.
The employee must apply for re-employment within 90 calendar days after discharge from military duty. In the event that the employee is no longer able to perform the duties of the position, the District must provide other employment for which the employee is qualified with seniority, status and pay as near to the employee’s previous position as possible. If the employee was serving a probationary period at the time of taking military leave, the employee must serve the remainder of the probationary period.
When an employee who is a PERS/OPSRP member returns from active military service and exercises his/her reemployment rights, the District will make retroactive contributions to the member’s Individual Account Program (IAP) Account in the amount that would have been paid during the member’s period of military service, based on the employee’s salary at the time the leave began.Temporary employees whose end date expires while on military leave do not have reinstatement rights.
The District will comply with all federal and state laws pertaining to such leaves, upon request by an employee. An employee requesting a leave of this type should provide their supervisor with a memo stating the type, nature, and length of the leave. Some of the leave is mandatory and some is at the discretion of an employer. Supervisors should contact Human Resources for assistance in determining the extent of federal or state requirements on the District, prior to approving the leave request.
- An eligible employee shall be allowed to take reasonable leave from work for any of the following purposes caused by or related to domestic violence, sexual assault or stalking of the employee or the employee’s minor child or dependent:
- to seek legal or law enforcement assistance or remedies;
- to seek medical treatment for or to recover from injuries;
- to obtain counseling from a licensed mental health professional;
- to obtain services from a victim services provider; and,
- to relocate or take steps to secure an existing home.
- An eligible employee is required to give reasonable advance notice, unless providing advance notice is not feasible.
- The District may require certification of the victimization and that the leave is being taken for one of the covered reasons for leave. The employee is required to provide the certification within a reasonable time after receiving the employer’s request.
- Crime Victim Leave is unpaid leave, however, an eligible employee is entitled to use any accrued vacation leave or any other paid leave that can be used in place of vacation leave.
- Records and information kept by the employer, including the fact that the employee has requested or obtained CVL are confidential and may not be released without the express permission of the employee, unless otherwise required by law.
- An employer may not deny Crime Victim Leave to an eligible employee and may not discharge, demote, suspend, discriminate or retaliate against an employee with regard to promotion, compensation or other terms and conditions of employment because the employee took CVL
Unless specified otherwise in a collective bargaining agreement or approved by the superintendent, all regular positions will be posted for both external and internal applicants. All applications for employment must be submitted to Human Resources or through the District’s online application service, as directed in the job posting.
The hiring administrator or supervisor, in consultation with Human Resources, has the responsibility to conduct an appropriate and effective selection process and making a hiring recommendation. It is the hiring administrator’s or supervisor’s responsibility to be familiar with the District’s affirmative action plan and consider the goals outlined in the plan when filling positions. The selection process for positions may vary but will generally include a structured interview process. Other selection tools, such as written testing or skill demonstrations, may be used if they are job-related.
All hiring recommendations must be approved by the Superintendent. For all administrators and licensed employees, hiring recommendations must also be approved by the Board.
The District will only reimburse for actual moving expenses. The employee must provide back-up documentation or invoices for moving expenses.
If employees, whose moving expenses have been paid by the District, resign or are terminated within one year of appointment, they will be required to reimburse the District through a payroll deduction.
If a new employee has alien or visa status, he/she may not work or be paid past the end date on a Visa unless eligibility for employment can be re-certified. It is the responsibility of the employee to obtain the extension. If the visa or work permit has not been extended, the employee needs to be terminated. Supervisors should contact Human Resources for assistance with employees who have a visa status.
All documentation from recruitment and selection processes must be maintained a minimum of three years. The documentation should include all information and materials related to a specific job posting, including materials for all applicants such as applications, testing materials, reference checks, interview materials, and screening information.
The contents of these files are confidential.
- Employment Verification
Written employment verification requests from lending institutions that require financial information must be referred to Payroll. All other employment verification requests should be referred to Human Resources.
- Reference Checks on Employees
Human Resources responds to all reference checks for both current and former employees. All written or telephone requests for references should be referred to Human Resources. Unless a written release is provided signed by the employee, only public information, including job title, salary range, and dates of employment, should be provided. Human Resources may refer reference checks to administrators or supervisors after receiving a written release. A written release provided directly to an administrator or supervisor should be forwarded to Human Resources for inclusion in the personnel file.
If an administrative employee volunteers to transfer to a position at a lower pay grade or with a different work year, his or her salary will be as follows:
- Placed on the lowest step in the new position salary range that is equal to or above their current daily rate of pay, or
- If the employee’s current salary is above the pay grade for the new assignment, his/her salary will be frozen, or red lined, at the current pay rate and he/she will not receive an increase until the pay rate of the newly assigned classification exceeds his or her rate at the effective date of the new classification assignment or 12 months after the effective date if sooner.
- If the employee moves to a position with a shorter work year, additional duties may be assigned that allow the employee to work additional days.
G6100.04 - Transfer and Reassignment Resulting from Administrative Reorganization, Downsizing, or Involuntary Transfer
The following provisions apply to the transfer and reassignment of administrative employees during a reorganization, downsizing of the administrative workforce, or an involuntary transfer.
- Downsizing occurs when the number of administrative positions has been reduced and there are an insufficient number of administrative positions in the District for each administrative employee to be placed in an administrative position for which he or she is qualified.
- An administrative reorganization occurs when the district reorganizes how it provides services or assigns administrative responsibility. It may or may not result from a budget reduction or other reduction in the number of administrative employees.
- An involuntary transfer occurs when the superintendent implements a transfer because he or she believes that it is in the best interest of the District. When the superintendent implements an involuntary transfer he or she will review the proposed assignment with the administrative employee and give the employee the opportunity to state his or her interest in or concern about the new assignment.
- The superintendent, after consultation with the administrative employee, will determine the placement of the employee.
- In a downsizing or administrative reorganization, the program needs of the building and District will be the primary consideration in determining which position will be eliminated and which administrative employee will be transferred. The length of service in a position or at a site will not be a primary consideration in determining which administrative employee position will be eliminated or which administrative employee will be transferred.
- If during a downsizing, administrative reorganization, or involuntary transfer an administrative employee is assigned to a position that is currently a lower salary, the employee’s salary will be frozen (red-lined).The employee will continue to be paid at his or her current salary but will not receive a salary increase until the pay rate of the newly assigned position exceeds his or her rate at the effective date of the new position assignment.
- If the employee moves to a position with a shorter work year, additional duties may be assigned that allow the employee to work additional days.
- This administrative rule does not apply when an administrative employee is moved to a lower paying position or his/her compensation is decreased due to his/her unsatisfactory performance or misconduct.
If it is necessary to reduce a full-time regular employee to less than full-time or to lay off a full or part-time regular employee due to reduction-in-force reasons, the process shall be followed that is outlined in Oregon Revised Statutes and, where applicable, the classified and licensed employee collective bargaining agreements. The administrative employee reduction in force process is outlined below. The reduction in force process should be communicated to all affected employees as soon as practical.
The reduction in FTE of a part-time administrative employee is not considered a RIF unless it reduced below 0.5 FTE.
The district’s action during a reduction-in-force will be implemented as follows:
- In a reduction-in-force, employees being laid off from administrative positions requiring a TSPC license have the rights outlined in the Fair Dismissal Law (ORS 342.934) and Board Policy CCCAA (Reassignment of Administrators).
- In a reduction-in-force, administrative employees being laid off from positions which do not require a TSPC license have the rights identified in Board Policy CCCAA (Reassignment of Administrators).
When the superintendent determines that one or more administrative employees will be laid off, affected administrative employees will be considered for other positions according to the following:
- Whether or not they have the appropriate license and/or endorsement for the position.
- Seniority, competence, merit, skill, and qualifications, as defined below:
- Seniority for each district administrative employee will be determined by the total number of years of continuous service the employee has provided in an administrative position in School District 4J.Service is deemed to commence on the first day services were rendered in the position.
- Part-time administrative employee service will be prorated into a full-time equivalency.
- A district-paid study leave or professional leave will be credited as service for seniority.
- Unpaid leaves granted under board policy will not be credited in seniority calculations but will not interrupt continuous service with the district.
- Competency means ability to administer based upon recent administrative experience or educational attainments, or both, in the administrative category under consideration; i.e., elementary school principal, middle school principal, junior high school principal, high school principal, assistant principal, and education center administrative position.
- Merit means measurement of the ability and effectiveness of one administrative employee against the ability and effectiveness of another administrative employee.
- Seniority for each district administrative employee will be determined by the total number of years of continuous service the employee has provided in an administrative position in School District 4J.Service is deemed to commence on the first day services were rendered in the position.
- A recall list of laid-off administrative employees in positions that require a TSPC license will be developed in order of administrative seniority for administrative employees with the same license. People on the recall list will be eligible for job openings which require a TSPC license for twenty-seven (27) months after being laid off. The superintendent will consider seniority, competence, merit, skill, and qualifications in determining which administrator to recall.
- A recall list of laid-off administrative employees in positions that do not require a TSPC license will be developed in order of seniority. These administrative employees will be eligible for job openings for twelve (12) months after being laid off. The superintendent will consider seniority, competence, merit, skills, and qualifications in determining which employee to recall.
- A rejection of a recall to a specific comparable position shall be a waiver of his/her recall rights.
- Recall notices will be sent to the last known address by certified mail. Employees who do not respond within ten (10) calendar days shall waive his/her recall rights.
- An administrative employee who is assigned to a lower paying position as a result of a RIF shall have recall rights to the former or comparable position for a period of twenty-seven (27) months from the date of reassignment.
- About 4J
- School Board
- For Staff...