2022 Compliance Guidance and Updates for Managers

Virginia law requires employers to provide timely rights information to direct report employees who disclose a pregnancy. If any current employee reports a pregnancy (e.g., asks for time off related to prenatal care, mentions they are expecting, etc.), UVA is required to give the employee a notice of their rights within 10 days of the pregnancy disclosure.

Action Required

Supervisors should provide Pregnancy Rights notice within 10 days of a direct report employee's pregnancy disclosure by sending the impacted employee an email detailing the Pregnancy Rights Notice.  

See the Virginia Values Act webpage for details.

UVA is required to designate certain officers and employees to file a Statement of Economic Interest (SOEI) no later than their first day in an impacted roles, and then annually every January.

Those same individuals must also complete Commonwealth Conflict of Interest training biannually. 

Each year, the baseline criteria for identifying SOEI filers is updated identifying the roles at UVA considered to be positions of trust.

Action Required

When in doubt whether SOEI applies your staff, please email AskHR@virginia.edu before your new hire, transfer, or promoted employee starts in a role that is considered to be a position of trust subject to SOEI/COI obligations so that the filing can be complete by the employee's first day in their new position.

Be aware of increasing minimum wage requirements for any impacted employees. Pursuant to changes in Virginia law, make any necessary adjustments to hiring and staffing budgets.

• $11.00 effective January 1, 2022
• $12.00 effective January 1, 2023
• $13.50 effective January 1, 2025
• $15.00 effective January 1, 2026

Employees working on federal contracts will have a $15 minimum wage starting on Jan. 30, 2022.

In addition to labor law posters which are posted across Grounds, we have a webpage with the HR Compliance site to facilitate awareness of important information regarding employee rights.

View the Employee Rights Notices webpage.

Action Required

Please ensure your employees are aware of these notices. It is particularly important for remote staff to know where to view them.

Be aware that certain employer benefits and actions may be taxable to employees, including HoosWell benefits, moving and relocation packages, gifts including rewards and recognition, and automobile allowances.

Action Required

• Understand which employer benefits and actions may be taxable to employees.
• Assist employees in understanding when they might incur taxes. 

Parties Affection/Impacted

Employees receiving these benefits or actions.

Every new employee, including student employees, is required by federal law to fill out an I-9 form verifying authorization to work in the United States.

If an employee has not completed the form by the third day of work, employers are subject to civil fines and even criminal prosecution. 

The failure to timely complete the Form I-9 or of the employee to provide the required documentation within three business days of the commencement of employment will result in removal of the employee from the payroll system until the documentation is completed and submitted.

Action Required

Ensure new employees complete their I-9 form.

The University’s position is that employee verifications are limited to the employee's full name, dates of employment, positions held, and final salary/hourly wage information.

Do not provide any additional information, including whether the employee is eligible for rehire.

Third parties wishing to verify employment for a specific employee are instructed to call The Work Number® for automated secure up-to-date, immediate, accurate, employment and income verification.

Employees who are required to have a Commercial Driver’s License (CDL) as a condition of their employment are subject to special screenings on hire and annually. This is a Department of Transportation requirement. 

Action Required

If you employee CDL drivers, find additional information on the UVA HR FMCSA webpage. 

PHEL (which provided up to 40 hours of paid leave for employees for their own or their immediate family member’s illness directly related to COVID-19) will no longer be available for use after May 31, 2022.

For more information, please visit the Managing Leave During the Coronavirus webpage.

If you have additional questions, email AskHR@virginia.edu. 

 Leave may be entered as follows:

• Academic Division employees: enter "State Public Health Emergency (diagnosed with COVID-19 or directed to self-quarantine) 2022" in Workday and request leave using the normal process for requesting time off.
• Medical Center managers or timekeepers: enter "LV-Public Health Emergency" in Kronos.
• UPG team members: enter "State Public Health Emergency (diagnosed with COVID-19 or directed to self-quarantine) 2022" in Workday.  

Updates:

• Revised the policy to relocate procedures to the UVA HR website and replace “supplemental pay” terminology with “recognition payment.”
• Increased maximum award levels for Classified employees to $5,000 in accordance with DHRM policy.

View the HRM-006 policy.

This new policy for Classified Staff, University Staff, and Administrative & Professional Faculty permits eligible employees to work remotely or to work alternative schedules for all or part of their workweek.

School/Unit leadership has the authority to identify the positions eligible for flexible work options and may establish the specific conditions that apply, consistent with their School/Unit’s needs and in compliance with University policies.  

View the HRM-012 policy.

Updates:

• Modified the policy to match the $5,000 maximum award provided to Classified Staff in HRM-006.

View the HRM-024 policy.

Revised the definition of Protected Characteristics/Statuses and the Policy Statement to include “military status” which includes active-duty service members, reserve service members, and dependents.

View the HRM-009 policy.

This policy is intended to be a tool for University Staff Employees to introduce and summarize all of the leave types available.

It provides an entry point that logically organizes the leave options and eligibility criteria so that employees can access the information they need in specific situations more easily.  

View the HRM-013 policy.

Updates:

• Clarified leave availability and cashing-out unused leave.

View the HRM-013.01 policy (formerly HRM-031).

Updates:

• Revised to include four weeks of paid leave to the employee who was pregnant and experiences a pregnancy loss that occurs at twenty weeks gestation or later; and eight weeks of paid leave when a baby dies during childbirth or shortly thereafter. 
• Updates also simplify eligibility criteria which were previously tied to the Family Medical Leave Act.

View the HRM-013.02 policy (formerly HRM-049).

Updates:

• Included a definition of Agency Management as used in Commonwealth of Virginia Department of Human Resources Management Policy 1.65.

View the HRM-017 policy.

Updates:

• Modified to indicate that when a probationary period will be extended, the employee will be given written notice at least 30 days before the end of the initial probationary period.
• Removed language that implied the probationary period was a benefit to the employee.

View the HRM-020 policy.

Updates:

• Added a representative of the American Disability Act (ADA) team as a potential member of the Coordinating Team that conducts employee fitness for duty evaluations. 

View the HRM-037 policy.

Updates:

• Revised Section 1 for consistency with HRM-009: Preventing and Addressing Discrimination and Harassment and the update to the Protected Characteristics. 

View the HRM-043 policy.

Updates:

• Added an additional responsibility for Covered Program Staff to clarify the expectation to camp and program directors that youth programs provide continual custody of care over youth participants during the entirety of their program.
• Revised Appendix A for clarity.

View the HRM-050 policy.

This new policy reaffirms prior practice and provides guidance to managers for determining whether an employee or former employee is ineligible for rehire.

View the HRM-031 policy.

Updates:

Added Section 5. Funds from Sponsored Programs for Relocation Costs.

View the HRM-047 policy.

Updates:

Policy revised to:

• Amend the Paid Parental Leave section to include language to provide accommodations for loss of pregnancy, 
• Amend the subsections “Disaster Relief Services” and “Leave for Victims of Disasters” under Administrative Leave to incorporate language to clarify the requirements for the use of such leave.

View the Leaves of Absence policy.

Updates:

• Policy revised to reflect that failure to renew license, certification, registration, or other credential prior to the date of expiration as required by Medical Center Human Resources Policy No. 905 “Healthcare Provider Licensure and Certification” shall result in an administrative suspension. 
• This administrative action is current practice pursuant to HR905, but was not reflected included in HR701.
• Additional revisions were made to the “criminal convictions” examples that would be considered gross misconduct, most specifically addressing entry of a plea or nolo contendere and convictions that result in loss of license, certification, etc.

View the Employee Standards of Performance and Conduct policy.

Updates:

Amended to reflect current processes and procedures related to license verification, monitoring, and renewal notification procedures. 

View the Healthcare Provider Licensure and Certification policy.