POLICY UPDATE

Performance Planning and Evaluation Policy Modified

Policy 1.40, Performance Planning and Evaluation, was modified effective July 10, 2007 to allow Written Notice Forms, issued under Policy 1.60, Standards of Conduct, to be used in place of the Notice of Improvement Needed/Substandard Performance Form to support an overall rating of “Below Contributor”.  The Written Notice Form was also modified to include language that communicates this change to employees.

Policies and policy revisions are always implemented prospectively.  The modification to Policy 1.40 applies to Written Notices issued on or after July 10th.

Requiring Participation in the Employee Assistance Program

Policy 1.60, Standards of Conduct, states that:

“Before the need for, or in addition to, corrective action, supervisors may refer employees to the employee assistance program, as appropriate.   Referral to the employee assistance program shall not be considered a substitute for any disciplinary action imposed for the commission of an offense.  Managers may suggest, but not require that an employee participate in the Employee Assistance Program.”

There may be times when an employee’s decision not to seek assistance may put the employee or others at risk.  In such situations it may be appropriate to require participation in the EAP or comparable program.

The Office of the Attorney General (OAG) advises that state agencies can require an employee to undergo counseling in certain cases.  This ability was established in the Virginia Supreme Court case where a state agency required an employee to have a mental health evaluation as a condition of returning to work after the employee threatened a supervisor.  The Supreme Court agreed that the agency had shown a particularized justification for the referral and that the mandated counseling was appropriate.  Agencies should consult with their assigned Assistant Attorney General when considering the need to require that an employee seek assistance.

All health plans offered to state employees and their dependents have employee assistance programs (EAPs). Included are up to four sessions at no charge for such services as mental health, alcohol or drug abuse assessment, child or elder care, grief counseling and legal or financial services.  If it is determined that additional services are needed, the employee may be referred for the services covered under her/his health care plan.

Employees who do not participate in the State health insurance program should check with their insurance providers for coverage of counseling services.  They may also contact ValueOptions for referral to counseling services in their communities.  Community counseling services are often provided on a sliding fee scale.

Contact information for Value Options: 
ValueOptions, Inc. Behavioral Health and Employee Assistance Program
Member Services: 1-866-725-0602
www.achievesolutions.net/covacare

Administering Preferential Hiring Rights

DHRM has received inquiries regarding the administration of preferential hiring rights for employees in a layoff status.  It is important to ensure that “Blue Cards” granting preferential employment rights to employees in Leave Without Pay – Layoff status are issued correctly.

Example: 

Employee is an AOS III (pay band 3) who is notified on June 15th that his position will be abolished and that he will be laid off on July 9th.  He receives an Interagency Placement Screening Form (Yellow Card).  On June 22nd, his agency offers him an AOS II position (pay band 2) that does not require a reduction in salary or relocation.  He accepts the demotion effective June 25th.  Because he is never placed in Leave Without Pay – Layoff status, a Preferential Hiring Card (Blue Card) is not issued.  Although he was demoted, he was “placed” and has no preferential employment rights with other agencies.  He must still be offered any vacant AOS III position in his agency for which he is minimally qualified for up to twelve months from June 25th.

Applicants who wish to use their Yellow or Blue Cards for state jobs must designate on their applications in RMS that they have this option.  (See article on new RMS Enhancements.)  For applications not submitted through RMS, copies of the official Yellow or Blue Cards should be attached to the applications or forwarded via mail.  It is important for recruitment staff to be mindful of checking for Yellow or Blue Card status when screening job applications.  If the applicant who applies via RMS is called for an assessment of qualifications for a posted position, s/he should be required to produce the official Yellow or Blue Card at that time.  A call to the respective HR office to confirm the validity of preferential employment rights status is prudent.

Employees who are pending layoff or are in layoff status are not required to use their Yellow/Blue Cards when applying for state jobs.  They may choose to apply competitively.

Unless there are qualified internal candidates, there should be an assessment of whether the Yellow/Blue card applicant meets the MINIMUM qualifications needed for the job.  This standard is substantially different from what managers would normally expect in a competitive hire.  The HR office should emphasize this distinction to the hiring manager and should notify these candidates after such an assessment is made.

Be sure to note guidance provided regarding employees in layoff status who elect to withdraw their retirement contributions.
http://www.dhrm.state.va.us/hrpolicy/policyguides/guide_withdrawretireacct.html

Employee Transfers and Salary Verification

Employees frequently change jobs within and across agencies as part of their career progression plans.  It is important that agencies verify the current pay band, role title, and salary of state applicants to ensure that what appears to be a transfer isn’t actually a demotion.

There have been further instances of agencies offering salary increases to employees moving to positions in lower pay bands.  These salary offers had to be corrected because employees may not be awarded a salary increase upon demotion.  Employees who accept voluntary demotions may be offered salaries from the minimum of the new salary range up to their current salaries.  Employees whose salaries exceed the maximum of the lower pay band may have their salaries frozen for six months.   After six months salaries must be reduced to the maximum of the assigned salary range.

Repayment of Leave Donations

The leave share policy includes a provision that requires repayment of donated leave in cases related to Workers Compensation or leave abuse situations.  DHRM was recently asked if this provision should also apply to employees who receive court awarded damages, including lost wages, for non-work related injuries when the employee’s absence was covered all or in part by the use of Leave Share

DHRM, in consultation with the OAG, advised the agency that it would not be appropriate to seek repayment in these situations.  The agency was advised to provide the documentation requested by the employee’s attorney and the court regarding the absence, but to specify that, in this case, there were no lost wages

Standards of Conduct Policy Update