PDF Version POLICY UPDATE
On July 10, 2004 revisions to Policy 4.10 – Annual Leave, Policy 4.50 –Military Leave, and Policy 4.55 – Sick leave became effective. The revisions incorporated clarification of current practices and the Department of Human Resource Management interpretations and changes to the policies that have occurred since the last revision as well as the following new revisions:
- Changes the time period for continuing to accrue leave while on leave with pay to 90 calendar days.
- Clarifies that a return to work for a full pay period interrupts the 90 calendar days of leave with pay. If another leave with pay occurs, after the employee has returned to work for a complete pay period a new 90 calendar day period begins and the employee continues or resumes leave accrual.
- Clarifies when an agency can substitute additional hours worked for annual leave hours taken.
- Incorporates the Virginia Sickness and Disability Program benefits; benefit options for employees going on active duty; benefits upon reinstatement; legislative changes in the Code of Virginia; and changes in the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA).
- Policy 1.15, Disaster Relief is abolished effective July 10, 2004 with the implementation of this policy and the September 2003 implementation of Policy 4.17, Emergency/Disaster Leave.
- Changes the time period for continuing to accrue leave while on leave with pay to 90 calendar days.
- Clarifies that a return to work for a full pay period interrupts the 90 calendar days of leave with pay. If another leave with pay occurs, after the employee has returned to work for a complete pay period a new 90 calendar day period begins and the employee continues or resumes leave accrual.
- Clarifies when an agency can substitute additional hours worked for sick leave hours taken.
- Changes the use of 48 hours of family and sick leave to allow employees to use all 48 hours for one occurrence.
- Allows up to 180 days for employees returning from military leave to buy back any sick leave payment received.
Reminder:
Please check the policies on DHRM's web site ( http://www.dhrm.state.va.us ). The Policy Unit has updated the following policies on the web in order to: incorporate previously published changes; eliminate obsolete language and references; and to make the policies easier to read and print.
This process has not involved substantive changes to the content of policies. Please send questions or comments regarding policies or the policy review process to policy@dhrm.virginia.gov
Employee Suggestion Program Evaluations and Reports Due
A key role of the Agency ESP Coordinator is selecting a competent evaluator and returning the completed evaluation to DHRM. The Agency ESP Coordinator must follow up with evaluators to ensure that evaluations are completed thoroughly and in a timely manner. Normally about 45 days should be sufficient for conducting an evaluation and returning it to DHRM. Please check to see if there are unreturned requests for suggestion evaluations in your agency, especially those sent before April 30, 2004.
Agency ESP Coordinators have been asked to complete a report showing any suggestions initially received from the suggester by the agency and processed through agency channels for fiscal year 2003-2004. This report should not include suggestions that were submitted through DHRM's Web portal and sent to the agency by DHRM for evaluation. DHRM will report on suggestions received directly through the Web-based system. If your agency report (due July 19, 2004) has not yet been submitted, please do so as soon as possible. Questions about the report may be directed to Olivia MacDonald (225-2729) or Earlene George (225-3204).
Confidentiality of Social Security Numbers
A number of questions have been raised recently by employees relating to the requirement for them to provide their Social Security Numbers (SSNs). The protection of personal information becomes increasingly important in today's world of interconnected electronic files, worms and viruses attacking those files, and identity theft. Recent legislation has been passed to prevent the display of SSNs on documents that are mailed by state agencies.
With these thoughts in mind, DHRM has undertaken a review of the uses of SSNs with goals of increasing awareness of what information is captured, how it is used, and who is given access to it. Confidentiality of personal information will be addressed explicitly in revisions to appropriate policy.
The Office of The Attorney General (OAG) has previously indicated (AG Op. Administration of Government Generally, 87-88 Va. AG 3) that state agencies may require employees to provide their SSNs as identification numbers for employees' personnel records. In order to do so, agencies should inform the employees that providing the SSN is mandatory, that it is required by 26 USC, section 6011 and Treasury Regulation 31.6011(b)-2(b) and (iii). The other condition inherent in the OAG opinion is that the use of the personal information (i.e., SSN) will not adversely affect the employees.
In order for the use of SSNs to have no adverse effect on employees, it is essential that state agencies protect the confidentiality of all records where SSN and other personal information appear. DHRM has received complaints from some employees that their SSNs and other personal information are not being secured properly. According to these employees, personal information has been left on desks where others may have been able to see them. Agencies cannot assume that clients or other employees with such information would not use it to the detriment of the employees. If employees' records are not properly secured, the OAG's opinion may not hold up under the scrutiny of a hearing officer.
Agencies need to take steps to ensure that all employee records are secure, and demonstrate this to any employees who express concerns. Using electronic processing of leave and other forms, or keeping any paper forms in locked cabinets except when they are being keyed, would be helpful in this regard.
To summarize, there is a legitimate need to be able to identify employees consistently for many purposes, and SSNs currently provide the only means to do this. Agencies have the authority to require employees to provide their SSNs, and they have the option of applying the appropriate disciplinary procedures if employees do not provide their SSN. At the same time, agencies have an obligation to their employees to give them confidence that their personal information is safe and secure.
Employee Handbook Now Available
The updated Employee Handbook is available on the DHRM Web site at http://www.dhrm.state.va.us/resources/manuals.html . The Employee Handbook includes new policy and best practice information as well as convenient links to policies and other resources.
There is a page agencies may use to record their employees' receipt of the Handbook . Agencies may choose to use this way to document that new employees have received this information.
As policies, laws, and other conditions change, the Employee Handbook will be revised. In case of any discrepancy between the Handbook and DHRM policies, the policies are considered authoritative.