1. Employment Law and Human Resources Management in Higher Education

2. Section ThreeRegulation of the Academic Workplace

3. Regulation of the Academic Workplace Privacy Expectations Employees enjoy a reasonable expectation of privacy Employers do have authority to monitor employees and control the workplace Areas where privacy expectations may be challenged: • Desk • Workplace Locker • University provided devices and resources not entitled to privacy protection • Cell phones • Computers • Email accounts

4. Regulation of the Academic Workplace Workplace Searches • Often necessary for investigation of alleged misconduct and other legitimate business purposes • Fourth Amendment protects employees from unreasonable searches and seizures • Critical issue: Balancing Employee interest protected by Fourth Amendment against Employer University legitimate workplace interests • Employee Handbook often declare what condition may permit workplace searches

5. Regulation of the Academic Workplace Computer Usage Policy Colleges and Universities routinely have established campus wide policies • Applying to campus networks • Email and Internet Usage • Confirming no expectation of Privacy or Confidentiality

6. More about Privacy Claims- Public Colleges & University Employees • Does Employer have reasonable expectation of privacy • Balance employee: interest against Employer’s legitimate interest in managing college/university workplace • Non-investigatory, work-related searches of office desk, cabinets, et. May be a legitimate intrusion that does not require a warrant • Key Consideration – Operation realities of the workplace

7. More about Privacy Claims – Private Institution of Higher Education Four recognized privacy claims that may emerge in the workplace • Intrusion upon Seclusion • False Light claims • Appropriation of Name or Likeness • Public Disclosure of Private Facts

8. Off The Job Conduct • The At-Will doctrine may permit employers to terminate Employees for off-duty conduct. • Employees engaged in romantic relationship may have protection under the invasion of privacy tort. • Some Public Sector positions of employment may permit employee disciplinary action for romantic relationship in the workplace

9. Leave Administration and the Law Family and Medical Leave Act (FMLA) • Signed into Law in 1993 by President Bill Clinton to help workers manage the responsibility of life and look • 12 weeks of unpaid, job protected leave in a 12-month period: • To recover from a serious medical condition • Provide care for a family member with a serious medical condition • Care for a child

10. Leave Administration and the Law - FMLA • Qualified Employer – Employee with 50 or more employees and may include colleges, universities and companies • Calculation of the 12 work weeks of unpaid leave is critical. Employers may use various methods to determine the 12 months in which the 12 weeks of leave occurs • 26 work weeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness

11. Leave Administration and the Law - FMLA • Serious Health Condition – means illness, injury impairment, physical or mental condition • Condition such as the common cold, flu, headaches, dental problems are not serious health conditions unless complications are involved • FMLA leave available for pregnancy or birth of a child

12. Leave Administration - ADA • Americans with Disabilities Act Requires University to make reasonable accommodation for: • Physical and mental limitations • Otherwise qualified employee • Unless to do so would impose undue hardship on business operations

13. Leave Administration under the ADA • College or University employer should consider the following: • What is meant by undue hardship • Allowing Employee to work part-time might not be undue hardship; indefinite Leave of Absence is not a reasonable accommodation • Employee and campus employee might reach mutual agreement to acceptable accommodation • Employee returning from leave may be considered for equivalent or lower available position • Further accommodations not required if no vacant position available at the lower level

14. Leave Administration - USERRA • The uniform services Employment and Reemployment Rights act is Federal Law that protects Veterans’ employment and reemployment rights. • Uniform Services is defined to include the • Army, Navy, Airforce, Marine Corps and Coast Guard • The Reserves • National guard • Employee may return reemployment rights for five (5) years for performing service in any branch of the Uniform Services

15. Leave Administration - USERRA • Employee must have maintain a pre-service civilian job • Given College or University employer notice (oral or written) of intent to leave to perform uniformed services • Not exceed 5 year limit – critical • Employee must be released with disqualifying discharge • Timely application for reemployment critical

16. A Word About Workers’ Compensation Laws • A viable basis for employee Leave of Absence where has sustained work-related injury • Workers’ Compensation is paid compensation for workers who injure themselves on the job; health benefits are not interrupted during recuperation and medical expenses are paid up to certain dollar amounts • Understand that an employee who may be entitled to Leave through several statutes (FMLA, ADA, etc.) may be may have leave run currently. • While injured employee get medical coverage for injuries arising during the course of employment may include: • Prescription drugs • Out of pocket expenses for “medical drugs”

17. A Word About Workers’ Compensation Laws • Interesting note: the increased use of medical marijuana raises interesting questions about workers’ compensation coverage