2.13 Employment Eligibility

POLICY OVERVIEW

The University of Texas Health Science Center at Houston (UTHSC-H) is responsible for ensuring all prospective and current employees fulfill and maintain eligibility and identity requirements in accordance with all state and federal laws.

PROCEDURE

EMPLOYMENT ELIGIBILITY VERIFICATION

UTHSC-H is responsible under law for verification of the employment eligibility of the applicants that it selects for employment.a The verification process follows federal guidelines, and affects all employees hired after November 6, 1986, regardless of citizenship status. The Office of International Affairs (OIA) is responsible for receipt and confirmation of work authorization documentation for non-U.S. citizen faculty and staff. The Human Resources Department (HR) is responsible for verification of work authorization documentation for U.S. citizen students, faculty, and staff.

I. Non-U.S. Citizens

The employment of non-U.S. citizens by the UTHSC-H is subject to prohibitions that may be imposed by the terms of sponsored contracts and grants.b Non-U.S. citizens who are selected for employment at the UTHSC-H must present original evidence of employment authorization to OIA for clearance. The prospective employee will be asked to complete a Fact Sheet and an Employment Eligibility Verification Form (I-9) that will confirm proper work authorization. Section one of the I-9 Form must be completed by the prospective employee prior to the start of employment.

The I-9 Form contains a list of documents that are acceptable as proof of identity and employment eligibility. The prospective employee must present original adequate identification prior to the start of employment. A receipt for certain documentation may be acceptable temporarily, providing that the official documentation is obtained within ninety days. Further extensions may be granted if the prospective employee can demonstrate that reasonable efforts to obtain the documentation have been met with administrative delays at the agency under petition.

Failure to produce official documentation within the time allotted will be grounds for immediate separation. Employment may be resumed only when the required information is furnished. When the Director of OIA has authenticated this documentation and provided HR with a Fact Sheet confirming the completion of the I-9 Form, HR will resume all regular procedures associated with employment.

II. U.S. Citizens

All U.S. citizens who are selected for employment at the UTHSC-H must present one or a combination of documents that establish identity and employment eligibility, as specified by law. The documentation is to be presented to HR during the pre-employment process. The prospective employee will be asked to complete an Employment Eligibility Verification Form (I-9) that will confirm proper work authorization. Section one of the I-9 Form must be completed by the prospective employee prior to the start of employment.

The I-9 Form contains a list of documents that are considered acceptable as proof of identity and employment eligibility. The prospective employee must present original adequate identification prior to the start of employment. A receipt for certain documentation may be acceptable temporarily, providing that the official documentation is obtained within ninety days. Further extensions may be granted if the prospective employee can demonstrate that reasonable efforts to obtain the documentation have been met with administrative delays at the agency under petition.

Failure to produce official documentation within the time allotted will be grounds for immediate separation. Employment may be resumed only when the required information is furnished to HR.

PHYSICAL ASSESSMENT

UTHSC-H requires that all employment offers be conditioned on medical proof that an applicant does not have infectious tuberculosis as indicated in 2.24 Physical Assessment. In addition, prospective employees whose jobs have been classified as being "at risk" as determined by Employee Health Services (EHS) based on the responsibilities of the position; the physical demands of the position; the population the position will be working with; and/or who must comply with federal and state laws regarding physicals will need to complete a pre-employment physical. Examples of positions which could be identified as "at risk" might include some positions in Animal Care, Environmental Health and Safety and Facilities Operations. These assessments will be conducted by EHS. Successful passage of the physical assessment is required for employment.

REFERENCES

I. External Applicants

UTHSC-H requires all applicants for employment to supply a history of previous employment as part of the Employment Application. It is the goal of the UTHSC-H to verify all employment references and other relevant information provided by those applicants who are being considered for employment.

In accordance with the provisions of Chapter 81 of the Texas Civil Practice and Remedies Code, departments considering hiring mental health services providers must complete an Employment Inquiry Form for each former mental health services employer for whom the candidate worked during the most recent five years (see procedure below). A mental health services provider is defined as "anyone who provides or purports to provide mental health services, which are assessment, diagnosis, treatment, or counseling in a professional relationship to assist an individual or group in alleviating mental or emotional illness, symptoms, conditions, or disorders, including alcohol or drug addiction; understanding conscious or subconscious motivations, resolving emotional, attitudinal, or relationship conflicts, or modifying feelings, attitudes, or behaviors that interfere with effective emotional, social, or intellectual function". HR will send the employment inquiry letter(s) to the candidate's former mental health services employer(s) for Classified and Management A&P positions. For Faculty and Academic A&P positions, the department is responsible for sending the employment inquiry letter(s). Copies of these letters sent and original responses received will be maintained in the employee record file in Records Management.

II. Internal Applicants

Supervisors of internal applicants (i.e. current employees applying for transfers from one UTHSC-H department to another) should initiate and/or respond to requests for employment references from other UTHSC-H departments.

EDUCATION AND EXPERIENCE

Minimum education and experience requirements will be verified by Human Resources for applicants who are being considered for Classified and Management A&P positions to ensure candidates meet established minimum requirements. For those education credentials obtained outside the United States and used to meet minimum requirements for the position of consideration, an evaluation conducted by a foreign education evaluation agency accredited within the United States of America (U.S.A.) must be provided prior to extension of an offer. Any expense to obtain this will be the responsibility of the candidate. A listing of accredited foreign education evaluation agencies is available via the Human Resources website.

Validation of minimum education and experience requirements for candidates being considered for Faculty and Academic A&P positions will be handled through their respective schools.

BACKGROUND CHECKS

It is the policy of UTHSC-H to employ an honest and ethical workforce. As a result, the University conducts criminal background checks for prior convictionsc and sanction checks d for individuals who are excluded from participating in Federal health care programs (Medicare, Medicaid, and other Federal health care programs).

Criminal Background Check Procedure

HR will submit the required information on selected final candidates to the Department of Public Safety. University of Texas Police Department (UTPD) will query any prior convictions to determine the employability of the final candidate. The UTPD Chief of Police will advise HR when a prospective employee is considered a risk to the University in the position of consideration. HR will advise the departmental hiring authority of any decisions to not employ a final candidate.

Sanctions Check Procedure

HR will query the Department of Health and Human Services, Office of Inspector General (OIG) database for each prospective employee. If a query results in a match, HR will determine the appropriate action to be taken, which may include disqualification for the position of consideration.

IDENTITY DOCUMENTATION

All employees or applicants for employment are advised that disclosure of the individual's social security account number (SSAN) is required as a condition for employment within UTHSC-H in view of the practical administrative difficulties that would be encountered in maintaining adequate employee records without the continued use of the SSAN. UTHSC-H must record the SSAN of all employees to verify the identity of the individual during the employment process and throughout the period of employment in order to record necessary data accurately.

FALSIFICATION OF INFORMATION

Any falsification of information on an employment application or any other record will immediately disqualify the applicant from further consideration. In addition, HR may initiate proceedings for immediate dismissal against any employee if it becomes evident that the employee's application information was falsified.

^aThe Immigration Reform and Control Act of 1986, 8 U.S.C. [[section]] 1101 et seq. bBoard of Regents, UT System, Rules and Regulations, Part One, Chapter III, Section 3., Section 7(b) of the Privacy Act of 1974 (5 U.S.C. 552a) cSection 51.215 Texas Education Code dDepartment of Health and Human Services, Office of Inspector General, Sections 1128 and 1156 Social Security Act

Updated 7/02

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2.14 Orientation

POLICY OVERVIEW

In order to ensure that all new employees receive important and required information pertaining to their employment, The University of Texas Health Science Center at Houston (UTHSC-H) requires all new employees to attend orientation upon commencement of their employment at UTHSC-H. For the purposes of this policy, employees include full time, part time, casual, temporary, and summer hires who are classified, administrative and professional, faculty, or fellows as well as student employee appointees.

Orientation consists of one morning session and one afternoon session. All new employees are required to attend the morning session which covers information that applies to all employees. Only benefits-eligible employees are expected to attend the afternoon session. Employees who will be working in settings where potentially hazardous chemical, biological, or radiological agents may be encountered must also attend a specialized safety training session delivered by Environmental Health and Safety that is held during the lunch break between the morning and afternoon orientation sessions.

The university strongly encourages first-line supervisors to conduct a departmental orientation with each new employee as well. This orientation should provide specific information about the department as well as appropriate job-related information for each new employee.

For those individuals who previously worked for UTHSC-H and return to employment within 90 days of their termination date, attendance at orientation is not required. An employee who returns within 90 days must contact the Benefits Office to have his/her insurance and retirement benefits reinstated. Employees who return to work at the university within 90 days may attend orientation at the discretion of their supervisor.

PROCEDURE

Human Resources (HR) is charged with assuring that all new employees attend orientation. Upon completion of the pre-employment process within HR, an HR representative will schedule a new hire to attend the one day orientation, facilitated by HR.

Updated 1/03

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2.15 Payroll Checks and Direct Deposit Earnings Statements

POLICY OVERVIEW

The Payroll Office will prepare paychecks and direct deposit earnings statements for the employees and student appointees of The University of Texas Health Science Center at Houston (UTHSC-H) and The University of Texas (UT) System Medical Foundation according to the following schedule:

• All employees, student appointees, and casual employees will be paid on a semi-monthly schedule. Periods worked from the 1st through the 15th will be paid on the 16th of the month. Periods worked from the 16th through the end of the month will be paid on the first working day of the following month.

• UT System Medical Foundation residents are paid monthly on the last work day of each month.

If a scheduled payday happens to fall on a Saturday or Sunday, checks will be distributed on the following Monday. If a payday falls on a holiday, checks will be distributed on the following work day.

No checks will be issued prior to a scheduled payday, and advances against earnings will not be allowed.

If the employee's or student appointee's appointment or separation cannot be processed by the deadline for the regularly scheduled payroll, the paycheck will be processed in the following payroll.

PROCEDURE

I. Paycheck Correction

Every administrative department and school has a designated contact individual to act as liaison between itself and the Payroll Office in the event of a payroll discrepancy. The liaison for each school is located within the respective dean's office. The liaison may receive reports of payroll discrepancies either directly from employees and student appointees or through departmental representatives, depending on local procedures. In either case, responsibility for contact with the Payroll Office resides solely with the designated liaison. After notification and confirmation, the Payroll Office will take appropriate action to correct discrepancies.

If the Payroll Office discovers an error in the paycheck of an employee or student appointee, it will notify that person, through the designated liaison for the person's department, of the error at the time of discovery and compensate for the error by modifying the amount of the individual's next paycheck accordingly.

If an error is discovered in the payroll record of a separated individual, the UTHSC-H will notify that person by letter of the amount of the discrepancy (whether overpayment or underpayment) and arrange for correction.

II. Direct Deposit

All employees of the UTHSC-H and the UT System Medical Foundation may participate in electronic funds transfer, known as direct deposit, by completing the Authorization Agreement for Direct Deposit form. Employees must attach deposit tickets for each account indicated on the form and return the form and the deposit tickets to the Payroll Office.

Enrollment begins with a 14-day pre-notification period in which bank numbers and account numbers are verified through the Federal Reserve banking process. At the end of the 14-day period, when there are no rejections, the next payroll for the employee's pay frequency will be direct deposited.

III. Final Paychecks

The supervisor of an employee who is separating from the UTHSC-H (or of a student appointee whose appointment has ended) will initiate a termination personnel action (PA) on behalf of the individual. The individual will be issued his or her final paycheck in the next payroll after an approved termination PA is processed in the PeopleSoft System (PS).

The last payroll check for a separated employee (or for a student appointee whose appointment has ended) may be obtained in the Payroll Office (University Center Tower, 10th floor, 7000 Fannin); it will be released to the individual only after the individual has furnished proof of identification. Other arrangements for mailing the final check may be made at the Benefits exit interview. (Refer to 2.32 Separation from the UTHSC-H.)

Employees who are eligible and who have vacation hours remaining when they terminate will be paid a lump-sum payment for the remaining hours. The payment is based on an hourly rate calculation as prescribed by the State Comptroller's Office. After departments verify vacation hours, this information is forwarded to Payroll. Payment of lump-sum vacation will be made within two weeks after the greater date of: termination; personnel action; or date vacation balances are received in Payroll.

One-half of the sick leave balance (up to 336 hours maximum) is paid to the estate of an employee who dies while employed. The same state comptroller method is used to calculate the payment for sick leave as is used for payment for vacation hours.

Updated 01/02

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2.16 Appointment Status

POLICY OVERVIEW

The UTHSC-H uses the following categories for the purpose of determining benefit eligibility:

Regular. A regular appointment is defined as a period of four and one-half consecutive months with a definite job assignment that must be 50 percent time or more. A regular appointment entitles the incumbent to the complete range of benefits offered by the UTHSC-H. Employees in a regular status are compensated on a pro-rated basis of percent time to annual salary.

Part Time. Employees who hold appointments of less than 50 percent time for four and one-half months or more are eligible to participate in the Tax Sheltered Annuity program. Such part-time appointees are ineligible for paid leaves (e.g., sick time and holidays), insurances, premium sharing, UTFLEX, and retirement benefits. Employees in a part time status are compensated on a pro-rated basis of percent time to annual salary.

Temporary. A temporary appointment is defined as a period of not more than four and one-half months (136 calendar days) which can be either full-time or part-time. All temporary appointees are eligible to participate in the Tax Sheltered Annuity program. Temporary employees are ineligible for paid leaves (e.g., sick time and holidays) and retirement benefits. Employees in a temporary status are compensated on a pro-rated basis of percent time to annual salary.

Effective September 1, 1988, temporary appointees are not entitled to participate in any UTHSC-H group insurances, premium sharing, or UTFLEX. However, temporary appointees with a cumulative total at an institution in excess of 136 calendar days in a fiscal year are eligible for TRS benefits, retroactive to the start date of the most recent temporary appointment. It is the hiring department's responsibility to make this determination and place the employee in the pay system at the appropriate status, either temporary or regular.

Casual. A casual appointment is defined as less than 20 hours per week, normally discontinuous in nature, and irregular, infrequent, and not regularly scheduled. Employees in a casual status are compensated on an hourly rate for hours worked.

Student. A student appointment is defined as an assignment that requires the appointee be enrolled as a student at any UT component. Effective September 1, 1988, students appointed for four and one-half months or more, for 50 percent time or more, are eligible for participation in group insurance programs and UTFLEX but are ineligible for participation in other benefit plans. Students are compensated on a pro-rated basis of percent time to annual salary.

All employees and student appointees are entitled to Worker's Compensation and Unemployment Compensation, regardless of the type of appointment.

Updated 5/03

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2.17 Insurance Eligibility

The University of Texas Health Science Center at Houston (UTHSC-H) determines an individual's eligibility status for benefits based on the percentage of time appointed and the type of appointment (regular, part time, temporary, casual, or student-appointee).

Regular employees (refer to 2.16 Appointment Status) are eligible to participate in all group insurance programs offered by the University of Texas System.

Student appointments of four and one-half months or more and 50 percent time or greater are eligible to participate in the group insurance program.

Updated 6/98

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2.17A UTFLEX

POLICY OVERVIEW

The University of Texas Health Science Center at Houston (UTHSC-H) through the University of Texas System offers eligible employees and student appointees the opportunity to pay their group insurance premiums, certain medical and dental expenses, and dependent care on a pre-tax basis through UTFLEX.

The UTFLEX plan may consist of up to three separate accounts: an Insurance Premium Redirection Account (mandatory), a Medical Expense Reimbursement Account (optional), and a Dependent Care Reimbursement Account (optional). Any person who is enrolled in any of the group insurances offered by the UTHSC-H (whether or not they receive premium sharing) will automatically participate in the mandatory Insurance Premium Redirection Account.

Under UTFLEX, an individual authorizes the deduction of pre-tax dollars to fund the two optional accounts mentioned above. These funds may be used to reimburse the individual for foreseeable medical expenditures that will not be covered by the person's group insurances or for cost of necessary dependent care. By setting aside pre-tax dollars under UTFLEX, plan participants will reduce the amount of their taxable income.

PROCEDURE

In order to participate in a Medical Expense Reimbursement Account or a Dependent Care Reimbursement Account, eligible individuals must complete the required forms, which may be obtained from Benefits. Participants must determine which of the available reimbursement accounts will best serve their foreseeable health care or dependent care needs for the coming plan year. The participant may only apply the account funds to reimburse expenses actually incurred during the plan year; however, the deadline by which all bills for a plan year must be submitted is November 30 following the end of the plan year. Deposits that remain in the accounts at the end of the year are forfeited to fund the operation of the plan.

I. Enrollment

Initial enrollment for current, eligible individuals takes place during the annual enrollment period, usually July of each year. Newly eligible employees have 30 days from the date of eligibility in which to enroll.

II. Alterations

When covered employees separate from the UTHSC-H or change to an ineligible status, their contributions to the plan cease; however, access to their Medical Expense Reimbursement Account and the Dependent Care Reimbursement Account will continue through the end of the plan year.

Updated 5/04

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2.17B Group Insurance

POLICY OVERVIEW

The University of Texas Health Science Center at Houston (UTHSC-H) through the University of Texas System offers group hospitalization and medical insurance as well as participation in a health maintenance organization (HMO) as an alternative to standard indemnity insurance for eligible employees, student appointees, and their eligible dependents. The UTHSC-H also offers group dental insurance, vision insurance, accident insurance, and term life insurance for eligible employees, student appointees, and their eligible dependents. Eligible employees and student appointees may also obtain long-term disability income insurance and/or short term disability income insurance through the UTHSC-H.

Premiums for group medical, vision and dental insurance as well as for HMOs may be paid for through UTHSC-H premium sharing, UTFLEX, or a combination of the two. Premiums for vision insurance, accident insurance, and term life insurance are paid through UTFLEX. Long-term disability insurance and short term disability insurance premiums are paid with after-tax dollars. Consult the appropriate insurance plan booklet for information regarding available insurance plans, eligibility, and premium sharing and UTFLEX options.

For more information contact Employee Benefits at 500-3935.

Updated 5/04

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2.17C Unemployment Compensation Insurance

POLICY OVERVIEW

The University of Texas Health Science Center at Houston (UTHSC-H) complies with the provisions of the Texas Unemployment Compensation Act.5 These provisions apply to the benefits paid to former employees and student appointees who receive unemployment compensation.

Any former employee or student appointee of the UTHSC-H may file a claim for unemployment compensation; however, certain conditions must exist before a claimant is eligible to receive benefits as determined by the Texas Workforce Commission.

PROCEDURE

The Initial Claim for Benefits form is processed on receipt in HR.

Any operating unit or supervisor who receives the Initial Claim for Benefits or any other form pertaining to unemployment compensation from the Texas Workforce Commission is to forward the form(s) to HR immediately. Failure to provide a timely and accurate response to the unemployment claim may result in the acceptance of the claim regardless of its validity.

HR will take necessary action to ensure that all appropriate information is filed with the Texas Workforce Commission.

Updated 3/02

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2.17D Workers' Compensation Insurance

POLICY OVERVIEW

The University of Texas Health Science Center at Houston (UTHSC-H) participates in a program of self-insurance that provides worker compensation for all employees and student appointees who may suffer accidental injury or occupational illness while performing duties within the course and scope of their employment or appointment and require medical treatment or hospitalization. Any questions concerning Workers' Compensation Insurance Coverage should be directed to the insurance coordinators in Risk Management and Insurance (RMI).

PROCEDURE

I. Reporting Accidents

All on-the-job injuries and accidents, regardless how minor, must be reported immediately to the individual's supervisor. If an employee or student-appointee fails to report an injury and is unable to work the following day, that person will be required to see a physician or be considered absent without permission. The supervisor will complete the Supervisor's First Report of Injury as soon as the injury is reported and send it immediately to RMI.

II. Seeking Medical Attention

Employees and student appointees may seek medical attention from their own physicians, or request that the supervisor contact an appropriate health care facility for them. Contacts with health care facilities for individuals who require medical attention are to be made as follows:

• refer all minor injuries to The University of Texas Nursing Services--Houston, Student and Employee Health Services;

• refer major eye injuries to Hermann Eye Center; and

• refer all other major injuries to the Hermann Hospital Emergency Room.

The supervisor may accompany any employee or student appointee who requires medical attention to the appropriate medical facility.

An employee or student appointee who is unable to return to work on the date of injury will be paid in full for the normally scheduled hours.

III. Record-keeping and Leaves

For record-keeping purposes, any additional time missed beyond the first day will be defined as a lost time injury.

When the injured individual is disabled from work for time other than that required for initial medical treatment, a Workers' Compensation Insurance Request for Paid Leave will be completed and signed by the injured individual and the supervisor. This form must be submitted even if the person is an employee who elects not to use paid leave to remain on the payroll during the period of disability. Such election should be noted on the form.

An injured employee may use any accrued sick and/or vacation leave. When the designated portion of sick and vacation leave is exhausted, the employee will be placed on a leave of absence without pay until

• released by a physician as able to return to full duty, or

• twelve months from date of injury.

Any weekly benefits paid are in accordance with the Texas Workers' Compensation Insurance Act.

RMI payments will begin on the eighth calendar day of incapacity, providing that the injured party is not an employee who is receiving payments for vacation or sick leave (not counting the day of injury). If the incapacity continues for 28 days, payment will also be made for any portion of the first seven days the person was off the payroll.

IV. Return to Work

An employee or student appointee placed on leave of absence for a compensable injury will be returned to work when a medical release for return to full-time employment or appointment is submitted to the supervisor.

An employee or student appointee who is unable to return to work at the specified time must return to the physician for approval to remain off work; otherwise the person's absence will be considered unauthorized.

An employee or student appointee who requires time off for medical treatment related to the injury must provide his or her supervisor with a physician's release to return to full duty without restrictions for each incidence of time off taken.

V. Death Benefits

If the death of an employee or student appointee results from an injury covered under RMI, death and survivor benefits are payable to the legal beneficiaries in accordance with the Texas Workers' Compensation Act.

Updated 10/04

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2.17E Social Security (FICA)/Medicare Tax

POLICY OVERVIEW

The University of Texas Health Science Center at Houston (UTHSC-H) complies with the provisions of the Social Security Act that mandate the participation of all employers and employees in the Federal Insurance Contributions Act (FICA). Employees should contact the Social Security Administration (SSA) regarding retirement benefits.

PROCEDURE

The federal government requires both employer and employee to contribute to the Social Security Administration an equal percent of the individual's FICA taxable wage. A separate Medicare taxable percent applies to all taxable wages. (Percentages and base salaries are subject to change by the SSA.)

Information regarding Social Security and Medicare tax may be obtained from Payroll or from the SSA.

Updated 3/00

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