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A. The Purpose of This Section

B. Participating in the Hiring Process

C. Supervising the Payroll Process
  1. Approving Time Cards
  2. Authorizing Overtime Work
  3. Approving Overtime Pay or Comp Time
  4. Approving Vacations
  5. Approving the Use of Personal Days

D. Promotions and Transfers

E. Performance Management

F. Encouraging Training and Development

G. Following Disciplinary Procedures

H. Respecting Employee Privacy and Dignity

I. Employee Safety and Injury

J. Authorizing the Reproduction of Copyrighted Materials

K. Authorizing Employee Travel Reimbursements

L. Assisting in Conflict Resolution

M. Understanding the Law
  1. The Civil Rights Act and Equal Employment Opportunity Act
  2. The Fair Labor Standards Act (FLSA)
  3. The Equal Pay Act
  4. The Age Discrimination in Employment Act (ADEA)
  5. The Americans with Disabilities Act (ADA)
  6. The Occupational Safety and Health Act
  7. The Family Medical Leave Act (FMLA)

 

 

 

A. The Purpose of This Section
Many positions in the university include the supervision of one or more employees, and both hourly and administrative staff may be called upon to supervise others. When you supervise university employees, you do so as an agent of Wittenberg University, and, for the most part, Wittenberg will be responsible for the actions you take. As a result, this section of the manual is designed to help you in handling your supervisory functions in a manner consistent with university policy and the university's standards of conduct.

Supervision of employees requires that you thoroughly understand each individual employee's rights,
both under the law and under university policy, and particular job responsibilities. For example, if you
supervise members of the hourly staff, you are responsible for knowing and understanding university
policies and procedures specific to these individuals.

B. Participating in the Hiring Process
When a staff position that you supervise becomes available in your area, you will work with the Human
Resources department to find the appropriate individual to fill the position. Before you begin, you
should carefully review the university's expectations of your role and responsibilities in the hiring
process as described in this manual. Most particularly, you are reminded that your actions, opinions and behavior will likely be construed as those of the university's. The Human Resources department will provide you with a checklist and the Recruitment Procedures Manual and will assist you in adhering to hiring policies and procedures and in establishing a timeline.

C. Supervising the Payroll Process
  1. Approving Time Cards
In compliance with federal law, hourly staff are required to maintain an accurate record of time worked in the university’s web time entry system. Time cards must be electronically signed by the employee, approved in the WittLink portal by the immediate supervisor, and submitted electronically to the Payroll Office by the established deadline.

Supervisors are responsible for signing and approving time cards that accurately reflect an employee's
hours at work. Pay and benefit calculations are based on the time recorded. By approving a time card,
you are verifying the accuracy of the hours worked and the recorded paid leaves. As a supervisor, you
are required to understand the university’s paid leave policies so that you can properly approve all time cards. Make any additions or corrections on the electronic time card and then note your change in the message box to your staff member.

  2. Authorizing Overtime Work
Supervisors are responsible for ensuring staff members do not work unauthorized overtime. If your
department does not have overtime costs budgeted, and overtime is necessary to meet the department's operational needs, you must make a request to the associate vice president for human resources prior to requiring your staff to do overtime work.

All hourly staff are classified as “non-exempt” under the provisions of the federal Fair Labor Standards
Act and must be paid overtime for all hours worked in excess of 40 hours in a standard work week.
Supervisors are responsible for knowing whether the individuals they supervise are classified as nonexempt employees; if so, they are further responsible for ensuring that their overtime work is
accomplished according to the university’s overtime policies.

  3. Approving Overtime Pay and Comp Time
Hourly staff who work approved overtime hours are entitled to receive either overtime pay or paid time off in lieu of overtime pay. As a supervisor, you are responsible for understanding the university’s
policy and procedures as described in this manual and to make sure that they are administered correctly.

  4. Approving Vacations
Supervisors are responsible for making sure that the staff members they supervise take vacations
according to the university's vacation policies. Please make yourself familiar with the university's
vacation policies.

  5. Approving the Use of Personal Days
Wittenberg gives supervisors the discretion to deny requests for personal leaves that might adversely
affect the operation or services of their departments. Otherwise, supervisors are expected to honor a
staff member's personal day request. You should require your staff to give you all possible advance
notice of their personal day requests in order to ensure that your department continues to run smoothly despite absences, and you should have emergency contingency plans in place should unscheduled absences occur.

D. Promotions and Transfers
The university supports and encourages all staff to enhance their professional development and to seek promotions among departments. Inevitably, however, staff changes cause disruptions, and the university discourages "job-hopping” by requiring staff to work a one-year minimum in a position before relocating except under extenuating circumstances.

As a supervisor, you are responsible to recognize qualified staff for promotion and/or transfer, but you
will be given the opportunity to determine whether a transfer will cause hardship. Also, you may be
called upon to give a formal or informal opinion on the qualifications of a particular member of your
staff to assume a new position. The Human Resources department is available to help you in this task.

E. Performance Management
Wittenberg University expects supervisors to communicate regularly with their staff about their work
performance. The university believes that regular work performance discussions are productive for both the university and its employees. Many minor performance problems can be corrected if dealt with quickly and directly. To achieve desired work performance, employees must understand the
expectations that you have as their supervisor.

Setting aside uninterrupted time to meet with staff is a good way to ensure ongoing communication.
You are encouraged to hold regular staff meetings that include both administrative and hourly staff. All
people benefit by participating in decisions that affect them and by understanding how their work relates to the bigger picture. Also, one important supervisory responsibility is to provide regular informal feedback to staff so that they will better understand expectations and workplace standards and to participate fully in the university’s formal performance management system.

F. Encouraging Training and Development
Consistent with general university policy, all employees are encouraged to continue to educate
themselves and develop their skills. As a supervisor, you are expected to help your staff obtain the
training they need to develop professionally. When you are considering your own attendance at any of
the wide variety of educational seminars, conferences, or activities that may be offered in your
professional area, you should be mindful of possible staff participation in these activities. Please
encourage your staff to grow and develop by suggesting appropriate training to them and by supporting their efforts. Remember to advise your staff that travel grants, tuition reimbursement grants, and computer training are available through the Human Resources department.

G. Following Disciplinary Procedures
As a supervisor, you are required to understand all of the standards of conduct required of staff
described in this manual. Please consult the manual whenever you believe an employee has violated the standards and contact the Human Resources department with questions.

Supervisors must discipline staff consistently, addressing all violations of university policy, procedure,
or standards. Your disciplinary action should be reasonable, timely, and related in severity to the
seriousness of the offense. Although the university generally follows a system of progressive discipline, each situation must be handled based on its individual facts. If a problem merits disciplinary action beyond an oral reprimand, you must consult with the associate vice president for human resources. Likewise, if you become aware of a situation that may result in suspension or termination, you should discuss the incident with Human Resources as soon as possible after it occurs and before disciplinary action is taken.

The role of the Human Resources department is to facilitate discussion and resolution of problems in a
consistent and legal manner. Critical to avoiding wrongful termination claims is consistent, evenhanded
adherence to both the substance and the procedure of university employment policies. Although the
university is an at-will employer and is able to discharge employees with or without cause, employees
who have been disciplined and who subjectively feel that they have benefited from due process are far
less inclined to resort to litigation.

Supervisors are not authorized to discharge or threaten to discharge employees without the approval of the Vice President in charge of their department and the associate vice president for human resources.

If you suspect that a staff member’s work is being affected adversely by personal problems, you can
obtain additional assistance through the Human Resources department.

H. Respecting Employee Privacy and Dignity
Even though university employees do not have an absolute right to privacy in their work areas, and the university at all times reserves the right to inspect materials and things brought onto and into university property by others, respecting the personal privacy of your employees on a day-to-day basis is important. Similarly, all employees should be treated fairly and professionally. As a supervisor, you are required to handle all encounters with your staff in a dignified, professional, and respectful manner.

If you know in advance that you are going to have a meeting with a staff member regarding any issue
that you are not absolutely confident you can handle as the university requires, you should consult with the Human Resources department before proceeding. If you find yourself uncertain of the university's position on any matter, or you are unable to act professionally and in the university's best interest when you are in the middle of a conversation, stop and request assistance.

I. Employee Safety and Injury
This manual details the university's safety policies and procedures. It requires that all staffers be
individually responsible for becoming familiar with and observing all university safety rules. You are
equally responsible for understanding and observing university rules for your own safety and for the
safety of your staff, and you may be required to establish safety rules particular to your department or
work area. You are required to inform your staff of all safety rules and to make sure that they comply
with them.

Under state workers’ compensation law, any on-the-job injury, no matter how insignificant it may seem when it occurs, must be reported by the injured staff member immediately to you and to the Human Resources department. If you become aware of a workplace injury, please make sure that the injured employee files a report.

J. Authorizing the Reproduction of Copyrighted Materials
As a supervisor, you may be responsible for directing staff members to reproduce various materials,
some of which may be protected by law. You are expected to be aware of and to understand the
university's current position on the copying of any materials that may be subject to copyright protection. The university's current guidelines are attached as Appendix K to this manual. Please direct any questions that you have to the Provost's Office before authorizing the reproduction of any materials that you are not absolutely sure can be legally reproduced.

K. Authorizing Employee Travel Reimbursements
Supervisors are responsible for authorizing and approving any employee travel for which the employee will seek university reimbursement. The university Travel Policy should be consulted prior to
approving any employee travel. It is reproduced as Appendix G.

L. Assisting in Conflict Resolution
The university has established both informal and formal conflict resolution procedures for staff members, and they are contained in this manual. The informal procedures recommend that staff members first talk directly with the involved person to try to resolve the issue. If this conversation does not yield satisfactory results or if the staff member is uncomfortable with this approach, the procedure recommends that the staff member consult the immediate supervisor, who is responsible for attempting to settle the problem informally as soon as it comes to his or her attention. The associate vice president for human resources is available to assist you in this task.

You may also be required to assist in any formal conflict resolution procedures that are initiated by or
against a member of your staff. In addition, special procedures have been established to handle
complaints of sexual harassment or misconduct, and they appear as Appendix E.

M. Understanding the Law
In order to be an effective supervisor, you should be familiar with the primary laws and regulations that affect employment. This section has been prepared in order to help you gain some familiarity with
major bodies of federal law that affect your job as a supervisor. The summaries below are not intended to present you with full, accurate, or complete statements of the current law. Instead they are intended merely to give you a description of the kinds of laws that bind employers.

Wittenberg expects supervisors to have a basic familiarity with these laws. In addition, supervisors are
expected to understand that all laws change over time, and that they must pay careful attention to and
respect the legal rights of the individuals they supervise. Careful planning and implementation of
university policies may prevent potential lawsuits. Supervisors must consult with the Human Resources
department any time there is any related employment problem.

  1. Civil Rights Act and Equal Employment Opportunity Act
Among other purposes, the federal Civil Rights Act of 1964 was intended by Congress to enforce the
constitutional rights of all citizens. It does so by conferring jurisdiction upon the district courts of the
United States to provide injunctive relief against discrimination in public accommodations. It also
authorizes the U.S. Attorney General to institute suits to protect all citizens' constitutional rights in their
use of public facilities and in their access to public education. The Act further extends to a Commission
on Civil Rights the power to prevent discrimination in federally assisted programs. The Act was
broadened and further interpreted to cover the employment context by the Equal Employment
Opportunity Act of 1972. All states, including Ohio, have enacted similar anti-discrimination laws.

In essence these laws prohibit job discrimination based on a number of "suspect" causes such as race,
color, religion, sex or national origin. The Equal Employment Opportunity Commission (EEOC)
conducts investigations for any related grievance charge. In Ohio, grievances may also be heard by the Ohio Civil Rights Commission (OCRC).

  2. The Fair Labor Standards Act (FLSA)
This federal law establishes minimum wage, equal pay, overtime pay, and child labor standards, and requires certain employer record-keeping. Under the FLSA, the employer must pay all employees who are not otherwise exempt from the minimum wage plus at least one and one-half times their regular rate of pay for each hour worked more than 40 in any work week. The law also allows employees time off instead of overtime payments up to statutory maximum. The FLSA prohibits an employer from discharging or taking other punitive action against an employee who makes or assists with a claim for minimum wages or overtime pay.

Under state and federal law, the university must pay each hourly employee overtime wages in the amount of one and one-half times the employee's regular rate for hours worked in excess of 40 in a work week. Each work-week must be considered separately when determining overtime hours, regardless of the length of the pay period. By law, employees can neither waive their right to be compensated for overtime hours nor agree to a lower overtime rate.

  3. The Equal Pay Act
This federal law requires all employers subject to the Fair Labor Standards Act to pay equal wages to
men and women performing similar work. Although the Act prohibits paying different wages to men
and women for similar work, it permits pay differences for similar work if the differences are based on
factors other than sex, such as seniority, incentives or merit.

  4. The Age Discrimination in Employment Act (ADEA)
The ADEA makes it illegal for employers to discriminate against persons 40 to 70 years of age. Being
“too old” as the sole reason for treating a person differently than others in employment is not acceptable. In many employment contexts, the mandatory retirement of employees because of age would likely violate the ADEA.

  5. The Americans with Disabilities Act (ADA)
The ADA prohibits discrimination based on disability in employment, public service, public
accommodation, telecommunications, and transportation. It is intended to afford a disabled individual
equal opportunity and full participation in life activities, and also to provide employees who have a
disability with an opportunity to attain a level of performance, benefits and privileges equal to other
employees.

To have a claim under the ADA, an employee or prospective employee with a disability must be able to perform the essential functions of the job with reasonable proficiency. An employer is responsible for making whatever “reasonable accommodations” are necessary for otherwise qualified disabled
individuals to be able to perform those essential functions.

The university's ADA policy appears as Appendix F.

  6. Occupational Safety and Health Act (OSHA)
This federal law protects the health and safety of employees in the workplace. It also prohibits firing of
and other forms of discrimination against employees who have been injured on the job. Furthermore, an employer may not discharge or discipline an employee for making or assisting with a safety complaint or for refusing to perform a work assignment that the employee reasonably believes will result in imminent danger of death or serious injury. In such cases the employer must either find other work for the employee or send the employee home until such other work is available. If the employee is sent home, under certain circumstances, back pay for time lost may be recoverable.

  7. Family and Medical Leave Act (FMLA)
This federal law provides eligible employees, male and female, with up to 12 weeks of unpaid leave per year for care of a newborn or newly adopted children, a serious health condition of a child, spouse, or parent, or a serious health condition of their own. The university’s Family and Medical Leave Policy is reprinted in Appendix A.

Many other federal, state, and local laws and regulations have an impact on the employer-employee
relationship and, accordingly, may govern your actions as a supervisor. If you have any questions about the legality of your behavior, please seek assistance before you act.