HR Connection May 2020

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MAY 2020

TEXAS ASSOCIATION OF SCHOOL PERSONNEL ADMINISTRATORS

TASPAHR Connection Your HR Quarterly Newsletter

COVID-19 Moving Forward...What You Need to Know



Table of Contents TASPA Staff, Executive Board & Committees

04

President’s Message

06

TASPA President Rick Rodriguez

Calendar of Events

07

2020 TASPA Events

Expanded Leave Laws During Pandemic

08

An Overview of the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA)

Get to Know Your TASPA Board

12

Featuring Board Members Rick Rodriguez, Martha Carrasco, & Bernadette Gerace

Paid Sick Leave and Extended FMLA

14

In the Age of of the Families First Corona Virus Response Act

10 Social Media Rules for Teachers

16

Provided by the American Board Blog

Temporary Rule

18

Paid Leave Under the Families First Corona Virus Response Act

How is Your District Preparing? Frenship ISD’s Plan to Return to Work

19


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Staff & Executive Board TASPA STAFF Dr. Lolly Guerra, Executive Director Chandelle Crane, Marketing & Communications Manager

TASPA EXECUTIVE BOARD Rick Rodriguez, President, Lubbock ISD Martha Carrasco, President-Elect, Canutillo ISD Max Flores, First Vice President, La Vernia ISD Al Rodriguez, Second Vice President, Elgin ISD Kimberly Rich, Secretary, Dickinson ISD Johjania Najera, Immediate Past President, Keller ISD

TASPA DISTRICT REPRESENTATIVES Ben Muir, District I, Northside ISD Dr. Tyrone Sylvester, District II, Goose Creek CISD Dr. Tamey Williams-Hill, District III, Del Valle ISD Bernadette Gerace, District IV, Prosper ISD Christie Volmer, District V, Hereford ISD Craig Lahrman, District VI, Ysleta ISD

TASPA Committees TASPA LEGISLATIVE COMMITTEE Sharon Fuery, District I, Southside ISD Dr. Casey O’Pry, District II, Clear Creek ISD Joe Palmer, District III, Temple ISD Philo Waters, District IV, Eagle Mountain-Saginaw ISD Phil Guerra, District V, Dumas ISD Bobbi Russell-Garcia, District VI, Ysleta ISD


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TASPA Committees TASPA NOMINATIONS COMMITTEE Melissa Aguero-Ramirez, District I, Region One ESC Barbara Ponder, District II, Barbers Hill ISD Michele Gilmore, District III, Burnet CISD Dr. Loraine Marazzano, District IV, Grand Prairie ISD Paul Kimbrough, District V, Canyon ISD Staci Ashley, District VI, Ector County ISD

TASPA SCHOLARSHIP COMMITTEE Charity Salinas, District I, Southside ISD Kelly Gabrisch, District II, Humble ISD Krista Marx, District III, Elgin ISD Emilio Duran, District IV, Mesquite ISD Paige TeBeest, District V, Amarillo ISD Cindy Donnelly, District VI, El Paso ISD

TASPA CONFERENCE COMMITTEE **Includes President, President-Elect & District Representatives Melissa Aguero-Ramirez, District I, Region One ESC Leah Tunnell, District II, Friendswood ISD Koren LeClair, District III, Eanes ISD Sandy Garza, District IV, Keller ISD Tori Adams (Para Rep), District IV, Keller ISD Chris Tatum District V, Amarillo ISD Rosa Ramos, District VI, El Paso ISD

TASPA SBEC COMMITTEE Melissa Aguero-Ramirez, District I, Region One ESC Cyndy Pullen, District II, Columbia-Brazoria ISD Rene Eakins, District III, Ronund Rock ISD Pamela Linton, District IV, Frisco ISD Rhonda Dillard, District IV, Frenship ISD (Committee Chair) Valmita Hernandez, District VI, Ector County ISD


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President’s Message “I’m so proud of the teachers, paraprofessionals and administrators across the state who have made it their mission to love our students and colleagues, making sure they have all the support they need during this health emergency.” I’m so proud of the teachers, paraprofessionals and administrators across the state who have made it their mission to love our students and colleagues, making sure they have all the support they need during this health emergency. I have seen mobile pep rallies, sidewalk chalk messaging, yard signs, and videos that have been uplifting for everyone involved.

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reetings TASPA members! First and foremost, I hope each of you and your families are as safe as you can possibly be given our new state of affairs in your district, our state, our country and even our world. Who would have thought after the last time we were together, we would be where we are today? COVID-19 has brought our world (literally) into another era in history. I know many of you have been thrust into performing tasks which are not listed on your job description and also tasks you would normally require a face-to-face meeting in order to complete to now happen over an internet chat platform. Just as a reminder, TASPA created a “COVID-19 HR Related Issues” on the TASPA Forum page of our website. You can see the current posts by logging in to your account and following the “Community” link to the “Forum” page. I hope you will use this a great way to share ALL of the innovative ideas that have been created in the response to the virus. I will also take a moment to congratulate those of who have made the transition to remote instruction. Our incredible educators and administrators (I am sure just like yours) created training programs and developed lesson plans in about one week’s time. It has been a hectic, but an extremely organized transformation. I hope your students and families have been open to adopting this new way of learning as we all enter this new adventure together. Another massive undertaking is the work to provide meals for our students. The TEA reported a 60.6% Economically Disadvantaged students in Texas for the 2018-19 school year. We can proudly say our school districts are doing everything they possibly can to make sure our students have meals on a consistent basis. The creative ways to make sure food is available have simply amazed me!!

The question for us regarding schools being closed to traditional instruction has now been answered. As you now know Governor Abbott made his announcement to close schools for the remainder of the school 2019-20 academic school year. While this was disappointing and heartbreaking for us as educators, we understand the reasons for the closure. It brings comfort to know the decision was made in both the best interest of health and safety for both students and staffs. TASPA is also monitoring the COVID-19 situation and reviewing all options as it relates to our upcoming TASPA Summer and TASPA Fall Support Staff Conferences. Your Executive Board is exploring all options, however, we need to keep in mind the contracts are already in place and may not be able to be modified. Please be watching for communication from us regarding this very important issue as we may seek input on the topic as those dates draw close. Please do not forget my challenge to you to meet (now virtually) at least five new members this year before we get back to our 2020 Winter Conference. To all of you - thank you for being a part of the TASPA family. You are the reason this organization is special. Please continue to be safe and remember- Wash your hands, don’t touch your face and stay home if you are ill! COVID-19 may have set us back- but WE WILL BE BACK AND WITH MORE PASSION TO DO OUR JOBS THAN EVER BEFORE!

Rick


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Calendar of Events For more information and updates on post-poned or virtual meetings due to COVID-19, please visit our webiste at taspa.org or call 512-494-9353.

DATE

EVENT

LOCATION

July 15, 2020

Summer Law Conference

Austin Rennaisance Hotel

July 15-17, 2020

TASPA Summer Conference

Austin Rennaisance Hotel

July 22, 2020

Documentation Workshop

Irving ISD

August 19, 2020

Documentation Workshop

Red OakISD

August 19, 2020

Documentation Workshop

Irving ISD

September 3, 2020

TASPA Documentation Basics Workshop

Lubbock ISD

October 5-6, 2020

Fall Support Staff Conference

Embassy Suites, San Marcos

October 20, 2020

Certification Fundamentals

Red Oak ISD

October 27, 2020

Personnel Sills For Supervisors of Non-Exempt Staff

Goose Creek CISD

October 28, 2020

Certification Fundamentals

Goose Creek CISD

December 9, 2020

ED-311 Personnel Law Conference

Austin Rennaisance Hotel

December 9-11, 2020

TASPA Winter Conference

Austin Rennaisance Hotel


8 | HR Connection

Expanded Leave Laws During Pandemic An Overview of the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA)

(EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA) as well as responses to questions concerning nquestionably the COVID-19 issues that may arise upon employees’ virus has drastically changed return to work. both our regular lives and our Currently, many school districts are educational systems. There will be paying employees even though they in-person instruction and a return are not working or are not working to campuses, but none of us know their regular jobs at full capacity. It exactly when that will happen. As should be considered that schools will our cities and state reopen, we may require employees to return to campus find that answering our questions prior to COVID-19 being eliminated concerning how to move forward and before any vaccine has been made will be more difficult than our available. In such instances, it will questions surrounding the shut down be important to understand the basic and providing distance learning opportunities. One issue facing school tenants of these new laws. districts is how to respond to requests For EFMLEA, all public agencies, for leave under the newly expanded including school districts, are covered provisions related to caring for one’s employers. The general rules are as self or children. Below we present an follows: overview of the Emergency Family • All full-time or part-time and Medical Leave Expansion Act Abraham F. Barker, Shareholder

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employees who have worked for 30 days are eligible. • All eligible employees may take up to 12 weeks to care for a minor child if the child’s place of care is closed. • The first 10 days of leave are unpaid, but the employee can use other leave, including the newly available sick leave options, to receive compensation during the initial 2 weeks. • The other 10 weeks is paid at a rate of 2/3 of the employee’s regular rate, capped at $200 per day or $10,000 total. As relates to the EPSLA, the major difference is that this law does not require an employee to have been working for the district for any set


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amount of time, however the amount of leave is limited to 10 days for full-time employees (up to $511.00 per day) when they are subject to quarantine or isolation, told to quarantine by a doctor, or have COVID-19 symptoms and are seeking diagnosis. Employees can receive up to $200 per day for 10 days if they are caring for someone that must self-quarantine. For practical application, if the district is paying employees their typical rate of pay during the shutdown, there is no need to factor in these leave matters as individuals are already being compensated regardless of their leave status. This is where things may change when employees are required to return to work at their physical locations regardless of the how well the virus has been contained. Under EFMLEA, there is only one qualifying reason: to take care of a child who has no other childcare provider or school to attend. Under EPLSA, leave can be taken for any of the reasons stated above, but only 80 total hours may be taken until the end of 2020. With regard to both of these laws, a school district can require documentation concerning eligibility. Under EFMLEA, there can be an additional request to confirm the governmental agency requiring quarantine, or the medical care provider recommending self-isolation. For both laws, the district can seek information concerning the provider of childcare or education and a statement that alternative arrangements are not available. With employees returning to work, it is important to consider implementing practices for responding to COVID-19 matters, including: • Are we going to require temperature checks? • How are we going to incorporate temperature checks, and how will they be conducted (By the district? What is the cut-off for a “fever”?) • Are we going to require a doctor’s release before employees return? • How many days will we require employees to be symptom-free before returning to a campus? Such issues must be part of developing uniform policies and procedures to avoid claims of discrimination and retaliation as districts decide that some positions are no longer required to support the educational goals of the district in a post-COVID-19 world. There are many questions now. There will be more in the future. Districts should consult their employment counsel as issues arise. Any questions concerning these materials can be addressed to abarker@edlaw.com.



Watch your weekly TASPA Updates for News about Summer Conference.

Thank you to our Conference Diamond Sponsors:


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Get To Know Your TASPA Board RICK RODRIGUEZ TASPA PRESIDENT

Rick Rodriguez is the Chief Operations Officer for Lubbock ISD. A graduate of Eastern New Mexico University, Rick holds a Bachelor of Arts degree in Spanish as well as a Masters of Education in Mid-Management from Prairie View A&M University. With over twenty years of experience in education, Rick brings a vast array of knowledge to the table. He has an extensive understanding of the education recruiting process, supervising employee issues, and coordinating the evaluation of employees. His ability to successfully draft and implement staffing plans has led to increased employee efficiency. Furthermore, Rick is quite knowledgeable in federal compliance laws regarding human resources such as educator certification requirements and federal labor laws. Rick resides in Lubbock, Texas, with his wife, Tanna, and has twenty one-year-old twin daughters, Abbigale and Lyndsie who are in their third year of college this year. “The education profession has a potential opportunity to capture a moment of nationwide focus amidst the COVID-19 pandemic. While there have been many professions in industry who have had to take the difficult path of furloughing employees, education has found a way to continue to teach and reach students and therefore continue to be compensated. I have seen many positive stories regarding teachers going the extra mile for their studentsfrom going to their homes to sit and the end of the driveway to read to individual students to sending individual notes encouraging students to hang in there to holding virtual proms and senior days for the graduates, and the list goes on and on. So the challenge is two fold. First, how do we harness the positive momentum to keep our teachers from leaving the profession and also how we use this opportunity to recruit new candidates to our profession. The second, how do we continue to garner the support of the general public to provide the support at the legislative for continued education finance reform. While HB 3 has provided some temporary relief- we need to be looking at long term sustainability now so that we do not have the proverbial “rug” yanked out from underneath us. If you are new to HR I have one key word for you- NETWORK! Most of us who have been in HR for 15+ years are eager to extend a helping hand. I too once wandered into the TASPA conference and observed what appeared to be a family reunion of sorts. I saw colleagues who greeted each other like long lost friends. If you choose to networkyou too will be a part of the family. Engage in your local regional TASPA group, attend as many of conferences as you can- the information presented is phenomenal! My goal is to meet at least 5 new TASPA members by the Winter 2020 Conference- won’t you join me and welcome your new colleagues to THE BEST HUMAN RESOURCES ORGANIZATION IN NATION- TASPA!!”


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MARTHA CARRASCO TASPA PRESIDENT ELECT

Martha Carrasco is currently serving as the Chief Human Resource Officer for the Canutillo Independent School District. She has served in this position since 2010. Through out her 32 years of service, she has held various positions but prior to working in Human Resources, she served as the District’s Internal Auditor. What a transition! Martha has found the work in Human Resources to be both challenging and rewarding. This is especially true now that we find ourselves in the middle of a pandemic. Stay at Home orders have been issued for the State of Texas and schools have been closed for the remainder of the 2019-2020 school year. Against this backdrop, she would like to share some of the questions that keep her up at night: • What steps will we be taking to ensure employee and/or student safety when returning to the workplace or returning to school in the fall? • How are we adapting our workspace or classrooms to comply with social-distancing standards? • Are we staggering work hours for employees? • Are we staggering students to reduce the number of people in a building by continuing to offer online instruction? • Are we encouraging or mandating teleworking part-time? • Are we limiting walk-ins to our buildings? • Are we offering or requiring the use of gloves/masks, etc. at the workplace? • Will we be having to take temperatures or test employees before returning to work? “I don’t have the answer to all these questions, but moving forward I am confident that together we can find solutions to address our new normal. No doubt we are in a difficult time and find ourselves in uncharted waters, so if you are new to Human Resources, hang-in-there! My best wishes to all as we navigate the days ahead together.”

BERNADETTE GERACE TASPA IV REPRESENTATIVE

Bernadette Gerace is currently serving in Prosper ISD as the Director of Recruitment. She received a Bachelor of Arts degree in Psychology from Texas A&M University and a Master’s degree in Educational Leadership from Concordia University. Bernadette is in her 22nd year in education. From 2012 to 2019, Bernadette served as Prosper ISD’s first Director of Human Resources, serving as an innovative and collaborative leader and has overseen the tremendous growth in her district from 7,000 students to over 16,000 and from 600 employees to over 1,800. During her time in Prosper ISD, the district was named as one of the top places to work by the Dallas Morning News for six years straight. Bernadette also introduced technology into the HR process, bringing into the district paperless systems for job applications, personnel records, performance management, and professional learning. She leads a highly impactful first year teacher program as well as the district’s leadership cohort. Bernadette is an active member of AASPA, TASPA, and has previously served as president of the regional NCTASPA group, serving the Dallas/Fort Worth region. When asked about the biggest challenges facing school HR administrators today, Bernadette stated that she believes that the biggest challenge is recruiting and retaining a highly qualified diverse staff of teachers and administrators to serve our state’s rapid growth of diverse students. Part of our task as HR administrators is to look within our own student populations and communicate the impact the students can make in the future by choosing education for their career.


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Paid Sick Leave and Extended FMLA In the Age of the Families First Coronavirus Response Act

is NO waiting period to become eligible to utilize this benefit. Employees are eligible immediately upon commencing their employment. There are six reasons that an employee may qualify for Emergency Paid Sick Leave and for each of them there must be work available and the employee must be unable to work or telework because:

Jennifer Hall, Associate Attorney

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s a full-fledged Gen Xer, I was pleased to see that R.E.M’s “It’s the End of the World As We Know It (And I Feel Fine)” had cracked the top 100 songs again. It is unfortunate that the reason the song has had a resurgence is because it is anthemic of the impact COVID-19 is having on the world.

Under Emergency Paid Sick Leave (EPSL), an employee becomes eligible for leave on their first day of employment; however, the extended Family and Medical Leave Act (EFML) is a little different. For an employee to be eligible for EFML, the employee must have been employed for thirty (30) days on the date the employee requests EFML leave 1. EMERGENCY PAID SICK LEAVE (EPSL)

As you know, Congress and the President recently approved and signed into effect the Families First Coronavirus Response Act (FFCRA) and for purposes of the Family and Medical Leave Act (FML)– at least until December 31, 2020, could this be the End of the World As We Know It for FML?!

The Emergency Paid Sick Leave portion of the act provides that as long as an employer has work available, if an employee is unable to work or telework for one of the six reasons listed below, the employee is entitled to paid leave at a commensurate rate and subject to the limits I will discuss later in the article.

There are two parts to the FFCRA: Emergency Paid Sick Leave and Extended Family and Medical Leave. Both sections are only effective from April 1, 2020 through December 31, 2020 (at this time, unless extended). While both are applicable to public employers like school districts, they each have their own different eligibility criteria when it comes to employees.

Full time employees are eligible for up to eighty (80) hours of emergency paid sick leave while part time employees are eligible for the average hours they work over a two week period if their schedule is regular and known, or the average hours worked in a six month period if their schedules are variable. For the emergency paid sick leave portion of the act, unlike for the EFML section, there

1. Employee is subject to a quarantine or isolation order related to COVID-19; 2. Employee is advised by a health care provider to self-quarantine because of COVID-19; 3. Employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis; 4. Employee is caring for an individual subject to or advised to quarantine or isolate; 5. Employee is caring for a son or daughter whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 precautions; or 6. Employee is experiencing substantially similar conditions as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury. If an employee meets criteria 1-3 above, the employee will be eligible for paid leave at 100% of their regular rate not to exceed $511 per day or $5,110 total. If the employee meets criteria 4-6 above, then the employee will be eligible for 2/3 their regular rate of pay not to exceed $200 per day or $2,000 total. Full time employees are entitled to that pay for up to 80 hours, while part time employees are entitled to that pay for up to the number of hours they generally work in a two week period.

As will be explained later, the EFML only applies if an employee cannot work or telework because they have need to care for a son or daughter whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 precautions. However, if the employee is unable to work or telework because of any other reason the employee may still qualify for traditional FML leave, however, to be eligible for FML the employee still has to have worked 1250 hours in a 12 month period as determined by the district. 1


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EXTENDED FAMILY AND MEDICAL LEAVE (EFML)

The only way that an employee qualifies for EFML is if the employee has been employed for at least 30 days on the day the employee requests leave, and if the leave is for Reason #5 above, when the employee is unable to work or telework because the employee must care for a son or daughter whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 precautions. If an employee requests this type of leave, the employer may ask for documentation that reflects that the school or place of child care is closed and may seek information regarding the age(s) of the employee’s child(ren). The IRS has provided guidance, which has been adopted by the Department of Labor, that children over the age of 14 generally are able to care for themselves during daylight hours. Therefore, employers are able to ask the ages of the employee’s children and for those children over the age of 14 may inquire as to why the employee must care for them. USE OF OTHER LEAVE

Even with the addition of EPSL and EFML, it is important to remember that an employee generally still has access to paid leave in the form of sick or personal leave, and unpaid leave in the form of traditional Family and Medical Leave (FML) and Temporary Disability Leave (TDL). However, it should be noted that traditional FML and EFML are uniquely intertwined in that use of EFML and/or FML may only result in a total of 12 weeks of leave. An employee does not get 12 weeks of leave for EFML and another 12 weeks of leave for FML in the same 12-month period. Therefore, if an employee has already taken FML prior to requesting EFML the amount of FML leave already taken will be subtracted from the amount of requested EFML to determine how much leave the employee actually receives. The application and interrelation of state, local, FML and temporary disability leaves with EPSL and EFML are unique decisions that must be made by each local school board and therefore, it is recommended that districts consult with their legal counsel about issues pertaining to the application of these optional provisions. The following examples are intended to help with implementing the EPSL, EFML and other leave, paid or unpaid. Example 1:

A city wide shelter in place order causes the school district to no longer offer bus service, does a school bus driver still qualify for EPSL because of the shelter in place order? No. The shelter in place order has caused the school to close thereby resulting in no work available for the bus driver. Therefore, the bus driver would not be eligible for emergency paid sick leave. The fact that the bus driver is also under the shelter in place order in the example is irrelevant. This scenario is based on whether there is work for the bus driver to do. A shelter in place order does not automatically entitle an employee to emergency paid sick leave. Example 2:

Schools are closed and have gone to remote or virtual teaching. Both substitute teachers and regular classroom teachers are under a local shelter in place order. The teacher is conducting virtual learning but the substitute teacher is not.

The District has no work for the substitute teacher. Does the substitute teacher qualify for EPSL because of the shelter in place order? No. A substitute arguably has no work to do because the schools are not using substitutes to virtually teach students; therefore, the substitute would not be eligible for emergency paid sick leave. Does the teacher qualify for EPSL because of a shelter in place order? No. The teacher does not qualify for EPSL because even though she is under the same shelter in place order she is still able to teach remotely. However, if the teacher was infected with COVID-19 and unable to teach remotely, she would then be eligible for EPSL because there is work for her to do but she is unable to work because of one of the six qualifying reasons for EPSL. Example 3:

Assume that during Easter weekend the district central office receptionist went to New Orleans, Louisiana. The District is open but the receptionist is required to self-quarantine for two weeks as a result of her trip to a hard hit COVID-19 area and the Governor’s Executive Order. Does the receptionist qualify for EPSL? Yes. However, because the receptionist was in Louisiana and the government has required that she selfquarantine for 14 days, and if it is determined that she cannot do her work at home, she would be eligible for emergency paid sick leave at 100% of her rate for up to 80 hours during her self-quarantine. She could still be required to provide documentation of the request from the CDC, proof of travel, or her doctor. Example 4:

Assume the Director of Finance, identified as a key employee by Administration, is afraid to come to work at the District because the employee is afraid he may get sick. The District is open to key employees, and has safely implemented social distance protocols. The Director of Finance cannot work remotely. Is the Director of Finance eligible for EPSL? No, neither Reason #2 nor #3 can be used to qualify an employee for paid sick leave simply because the employee is afraid to come to work or afraid they may get sick. To qualify for paid sick leave under these categories the employee has to take the affirmative step of contacting a doctor and have a doctor’s recommendation that self-quarantine or isolation is necessary. While the EPSL and the EFML have changed the leave landscape, at least until December 31, 2020, they have not drastically altered FML or the way schools have and should continue to utilize accrued leave that is either paid or unpaid. Simply put, the FFCRA has not really ended the FML World as We Know it, but instead it has added tools, specific to COVID-19. With the situation we are in right now, the addition of these tools should provide more options and flexibility to employees and employers alike. Jennifer Hall is an Associate Attorney with Walsh Gallegos Treviño & Kyle , P.C. She can be reached at jhall@wabsa.com.


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10 Social Media Rules for Teachers anything that can be misconstrued as a gang sign (remember, administrators in central offices often lack a sense of humor). Even if you have your profile locked down for privacy, your profile picture can still appear on search engines.

4. Do not affiliate yourself with your school on a personal profile. List your employment as “Teacher at XXX County Schools” or not at all. 5. Do not geo-tag your posts with your school location. This will lead students right to your posts. From the American Board Blog:

https://www.americanboard.org/blog/?p=249 Written by Rachael Nichol Hall

* Used with permission.

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n estimated 74% of Americans over the age of 18 use social networking websites. Naturally, some of these adults are educators. But with news stories of teachers being fired or disciplined for tweets, status updates, and Instagram photos becoming more common, educators can be (understandably) anxious when using social media. Below are some cardinal rules educators must know about using social media. Following these rules may save you from being fired one day! 1. Know your school, county, and state’s social media guidelines for employees. There may already be rules set in place by your employer regarding status updates, profile pictures, and more. 2. Do not “friend” or “follow” students on your personal social media accounts! Implement a rule that students can follow or friend you only after they graduate. On Twitter, you may have to block students from following you. Facebook lets you decide who you are friends with, but will also automatically allow anyone that attempts to friend you become a follower of your profile. This means students that attempt to friend you might automatically see your status updates. Learn how to block these students here. 3. Keep your profile pictures clean. Your profile picture should never show alcohol, drugs, or

6. Remember, it is possible to take a screen shot on Snapchat. “Snaps” or Snapchat posts can last forever. 7. Set your Instagram account to private. That way, you must approve of anyone who views your posts. And remember, if you link your Instagram account with your Twitter or Facebook accounts, students may be able to see individual Instagram posts without accessing your entire profile. 8. Never mention your school in any post. Even with privacy settings, your post could be found on search engines. 9. Never complain about your job online, especially if you are followed by your school and/or co-workers. This is a good practice for all professionals, not just teachers! 10. Never, ever, ever post photos of your students on social media! Each parent has their own personal beliefs about posting their child’s likeness online. Some parents overshare while others don’t want their children online at all. It is not your place to post their children online. You are also violating a student’s privacy by doing this. Not only are you sharing their location information (if your location/ school is listed in your profile, that child is now associated with that location/school), they may not feel comfortable having photos of themselves online. For more printable articles, case studies, and videos click on the following link: https://www.ets.org/proethica/freeresources



18 | HR Connection

Temporary Rule: Paid Leave Under the Families First Coronavirus Response Act

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n April 1, 2020, the U.S. Department of Labor announced new action regarding how American workers and employers will benefit from the protections and relief offered by the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the Families First Coronavirus Response Act (FFCRA). FFCRA helps the United States combat the workplace effects of COVID-19 by reimbursing American private employers that have fewer than 500 employees with tax credits for the cost of providing employees with paid leave taken for specified reasons related to COVID-19. The law enables employers to keep their workers on their payrolls, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus. The Department’s Wage and Hour Division administers the paid leave portions of the FFCRA. The Department promulgated regulations to implement public health emergency leave under Title I of the Family and Medical Leave Act (FMLA) and emergency paid sick leave to assist working families facing public health emergencies arising out of the COVID-19 global pandemic. The leave provisions are created by a time-limited statutory authority established under the FFCRA and are set to expire on December 31, 2020. The temporary rule was operational on April 1, 2020 and is effective from April 2, 2020 through December 31, 2020. On April 10, 2020 the Department published a correction in the Federal Register to make certain technical corrections to the regulatory text and preamble of the temporary rule. In this temporary rule, the Department: • Issues rules relevant to the administration of the FFCRA’s paid leave requirements. • Provides direction for administration of the Emergency Paid Sick Leave Act (EPSLA), which requires that certain employers provide up to 80 hours of paid sick leave to employees who need to take leave from work for certain specified reasons related to COVID-19. These reasons may include the following:

◦ the employee or someone the employee is caring for is subject to a government quarantine order or has been advised by a health care provider to self-quarantine; ◦ the employee is experiencing COVID-19 symptoms and is seeking medical attention; or, ◦ the employee is caring for his or her son or daughter whose school or place of care is closed or whose child care provider is unavailable for reasons related to COVID-19. • Provides direction for the effective administration of the Emergency Family and Medical Leave Expansion Act (EFMLEA), which requires that certain employers provide up to 10 weeks of paid, and 2 weeks unpaid, emergency family and medical leave to eligible employees if the employee is caring for his or her son or daughter whose school or place of care is closed or whose child care provider is unavailable for reasons related to COVID-19. This action is intended to provide guidance to the regulated community as they implement the statutory requirements.

Through this period of nationwide challenge, the U.S. Department of Labor’s Wage and Hour Division (WHD) remains fully operational and committed to our mission to enforce labor standards to protect and enhance the welfare of the nation’s workforce.

Odiae duntotatus All services are free andauta confidential, you may call our tolldoloraepe free help line: 1-866-4-USWAGE (1-866-487-9243).

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19 | May 2020

How is Your District Preparing?

Frenship ISD’s Plan to Return to Work

Frenship ISD identified essential staff during the “stay at home” Governor’s executive order. This allowed the district to continue to serve and support our employees and the community. Hourly employees that worked on the premises were paid a “premium pay” until May 1 when the “stay at home” order was lifted. The custodial, maintenance, and grounds crew returned to work on May 11. The Frenship Central office staff will return to the work environment on May 18. This will allow Central Office staff to serve our students, staff, and community as we prepare for the summer break and the upcoming school year. Campus staff were assigned a day to go to the campus and gather student belongings. The belongings are being distributed to the students / parents on 3 scheduled days as a drive thru pickup. Frenship ISD set limits on how may staff are present on each campus and a strategic plan with all safety measures will be followed. Rhonda Dillard, Assistant Superintendent of HR

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ll Frenship employees that are being asked to return to the workplace are practicing safety measures such as: social distancing, wearing gloves when necessary, masks are recommended, temperature screenings as needed and frequent disinfecting and sanitization protocols are in place. Every return is strategically planned to ensure that we can support the staff in a safe manner. Frenship employees that are being asked to return to the workplace are practicing safety measures such as: social distancing, wearing gloves when necessary, masks are recommended, temperature screenings as needed and frequent disinfecting and sanitization protocols are in place. Every return is strategically planned to ensure that we can support the staff in a safe manner. If an employee qualifies under one of the emergency FMLA criteria, we are designating the leave as EFMLA and completing the necessary paperwork for the employee to be off of work. The employee receives 10 days of paid Emergency Sick Paid Leave (ESPL) upon approval of their requests for leave.

Staff were assigned a day to go to the campus to prepare their classrooms for summer break. Frenship ISD set limits on how may staff are present on each campus and a strategic plan with all safety measures will be followed. Campus Administration are making online recommendations for 2020-2021 new hires. The new hires complete online preemployment forms. Once the online forms are completed, the Employee Specialist will schedule one to one meetings or small groups of 4 or less to complete the onboarding process. However, if a new hire does not feel comfortable we will process virtually. The safety of each person is a priority and we will continue to be aware and practice all safety precautions. TASPA would love to hear your district’s plan for returning to work. Email ideas to ccrane@taspa.org.


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TEXAS ASSOCIATION OF SCHOOL PERSONNEL ADMINISTRATORS 406 E. 11th Street, Suite 310 l Austin, Texas 78701 Phone: 512-494-9353 l Fax: 512-494-9354 l Toll Free: 800-346-4111 www.taspa.org


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