Human Resources Policy Manual

<<  Section 3: Recruiting and Employment  >>

  1. General Policy
  2. Nepotism
  3. Requisitioning
  4. Rehiring
  5. Age Requirements
  6. Contracted Services
  7. H1B Visa Sponsorship

  1. General Policy

    1. The divisional Human Resources Offices are responsible for all recruiting activity and for approving all employment commitments including salary, position classification and any special conditions of employment.

    2. Employment may be contingent upon a post job offer medical examination. The cost of the medical examination will be at the expense of the University. The medical report shall be maintained separate from the employee's file and shall be treated confidentially.

    3. Newly hired individuals (or those rehired after termination of employment) are provisional until the successful completion of 120 calendar days of employment. Staff members who initiate a promotion or transfer are provisional until the successful completion of 120 calendar days in their new position.


  2. Nepotism

    1. Immediate family members and members of the same household are not to be employed in any position where one has line authority over personnel actions concerning the other. Exceptions to this policy require the approval of the cognizant Vice President or Dean acting on the recommendation of the divisional Director of Human Resources.

    2. Employees should neither initiate nor participate, directly or indirectly, in employment actions (initial employment or appointment, retention, promotions, salary, work assignments, leave of absence, etc.) involving members of their immediate family or household.

    3. For the purposes of this policy statement, immediate family includes all relatives, such as, but not limited to the following: spouses, domestic partners, children (including step-children and foster children), parents, step-parents, grandparents, grandchildren, in-laws, siblings (including step-brothers and step-sisters), cousins, nieces, nephews, aunts and uncles.

    4. If two employees become members of the same household, both may retain their positions, provided one is not under the direct or indirect supervision of the other. It is the responsibility of the supervisor/manager to advise the department administrator if such a relationship is established. Exceptions to this policy require the approval of the cognizant Vice President or Dean acting on the recommendation of the divisional Director of Human Resources.


  3. Requisitioning

    1. An electronic requisition should be completed in full for all full-time, part-time, limited-time, temporary and casual position openings and sent to the divisional Human Resources Office. The requisition states the essential functions of the position, as well as the minimum qualifications, skills and experience required. It must be approved by the department chairman or the designated representative and serves as authority to recruit for the vacancy. If the requisition is for a new position for which a Position Description Questionnaire or a generic job description does not exist, the requisition must contain an adequate description of the position to allow the assignment of a pay grade and title. The same information must be provided if the requisition is for an existing position where requirements or duties are to change significantly. If a position requires overtime, on-call or other scheduling arrangements, this should be noted in the requisition as a requirement of employment.

    2. The divisional Human Resources Office is responsible for internal job postings, for placement of external advertisements, for referring qualified applicants and for providing professional assistance in all phases of the selection and employment process. Human Resources will be responsible for implementing and monitoring of applicable affirmative action program requirements, and for all other federal reporting requirements.


  4. Rehiring

    1. A staff member who has been employed for one continuous year in a benefits eligible status, resigns in good standing and returns to a benefits eligible position within six (6) months of the termination date will be eligible for benefits associated with the new position. A staff member's total years of employment will determine eligibility for benefits based on years of service (vacation leave accrual, tuition grant, etc). Full-time and part-time staff members who are involuntarily terminated due to reduction in force and return to a different benefits eligible position within twelve (12) months of termination are eligible for benefits associated with the new position. A staff member's total years of employment will determine eligibility for benefits based on years of service (vacation leave accrual, tuition grant, etc).

    2. Staff members who are terminated for misconduct or who fail to give sufficient notice (minimum of two weeks for support staff and one month for senior staff) are not eligible for re-employment in any division of the University. Supervisors can waive the notice requirement.


  5. Age Requirements

    1. The minimum age for regular employment at the University is 16. Staff members between ages 16 and 18 are required to obtain work permits prior to reporting to work. Exceptions for special programs require prior approval through the divisional Human Resources Office.


  6. Contracted Services

    1. An individual performing a service for the University must be employed by the University and paid through the payroll system unless (1) the individual is employed by another organization (e.g., temporary employment agency, food services corporation) or {2) the individual is a bona fide independent contractor. Refer to the Independent Contractors Guide for the definition of an independent contractor.

    2. In the event a person does not qualify as an independent contractor, yet the individual is employed for an extremely brief period of time (e.g., less than one week), and on a non-recurring basis (e.g., not more than once every three months), the supervisor is not required to submit a requisition to the divisional Human Resources Office in order to employ the individual. However, the Position Classification Number, Position Title, Pay Grade and rate of pay must have the prior approval of the divisional Human Resources Office before the individual begins to work. The payment to the individual must be made on a one-time, "lump sum" basis. This payment must be made by processing a Form 200.

    3. A Federal W-4 Form, a state tax form and an I-9 Form completed prior to the first day of work must be forwarded to the Divisional Human Resources Payroll Office.


  7. H1B Visa Sponsorship

    1. The hiring department is responsible for reviewing and submitting all documentation for a H1B visa to sponsor an alien coming to the United States to work temporarily and perform services in a specialty occupation.

    2. Requests for H1B sponsorship must be authorized by the department administrator or designee and submitted to the divisional Office of International Scholars and Student Services.

    3. H1B sponsorship cannot be used to fill a staff position that can otherwise be filled by a worker qualified to work in the U.S.

    4. To be considered for H1B sponsorship, all of the following criteria must be met:

      1. A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge to perform fully the occupation; and one of the following:

        1) The position requires attainment of a bachelor's or higher degree in the specific specialty as a minimum for entry into the occupation in the United States. Education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree may substitute for attainment of a bachelor's or higher degree in the specific specialty provided it conforms with the education equivalency regulations found in the Code of Federal Regulations - 8 C.F.R. § 214.2(h)(4)(iii)(D).;

        2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer can show that its particular position is so complex or unique that it can be performed only by an individual with a degree;

        3) The position requires theoretical and practical application of a body of highly specialized knowledge and skill at an advanced or expert professional level.

        4) The employer normally requires a degree or its equivalent for the position; or

        5) The nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.

      2. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:

        1) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;

        2) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university, refer to Code of Federal Regulations - 8 C.F.R. § 214.2(h)(4)(iii)(D)

        3) Hold an unrestricted State license, registration or certification that authorizes the individual to practice fully the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or

        4) Have education, specialized training and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

      3. The position has been classified at a level 4 or above in the JHU Staff Classification System such that it:

        1) Provides high level/critical interpretation, analysis, recommendations and consultation on significant and important matters

        2) Develops solutions that extend beyond day-to-day operations requiring creativity and innovation.

        3) Actively and proactively seeks and shares information on complex/unique issues

        4) Typically persuades others to accept a preferred course of action and explain complex information

        5) Typically builds consensus on difficult issues and extensively collaborates with others

      4. The alien must meet the qualifications for the University position.