This article is the second in a series in which each component reviewed during a POOL/PACT HR Phase I Compliance Assessment is highlighted. This article covers Job Descriptions and the important role they play throughout employees’ tenure with the organization. They are a valuable tool for management in nearly all employment-related functions.

If accurate and current, the job description identifies important information about a position or class, including essential functions, qualifications needed to perform those essential functions, working conditions, and physical and mental requirements. They assist management in:

• Determining necessary qualifications in the recruitment and selection process.
• Measuring and monitoring job performance.
• Establishing pay ranges.
• Determining reasonable accommodations.
• Assessing fitness-for-duty and light-duty restrictions for workers’ compensation claims.
• Administering leave under Family and Medical Leave Act (FMLA).
• Addressing important legal issues, such as a wrongful termination, and claims of discrimination.

When conducting the Phase I HR Compliance Assessment, POOL/PACT HR reviews a sampling of the member’s job descriptions to ensure they contain certain key components identified by POOL/PACT HR, as listed below:

• Job Title: Reflects the position’s responsibilities, is specific and common to local government, and does not use brand names.
• Fair Labor Standards Act (FLSA) Status: States whether the position is classified as exempt or non-exempt per FLSA regulations.
• Safety Sensitive: Declares the position’s safety-sensitive designation regarding whether the position is subject to random drug testing.
• Date Created/Revised: Lists the date the original job description was created and any revision date(s).
• Definition: Summarizes the position’s major functions and responsibilities.
• Essential Functions: Lists the necessary duties the employee must be able to perform with or without reasonable accommodation.
• Qualifications for Employment: States the minimum training, education, and/or experience required to provide the knowledge, skills, and abilities (KSAs) needed to perform the essential functions.
• Physical and Mental Requirements: Lists the minimum physical and mental requirements needed to perform the essential functions of the job; also serves as a basis for determining fitness-for-duty and whether reasonable accommodations can be provided.
• Working Conditions: Describes the typical environmental conditions employees would encounter in a workday.
• Employee Acknowledgment: Provides a place for the employee to sign stating they have read and received a copy of the job description.

Of these components, four are often identified during Phase I Compliance Assessments as requiring the most attention. These are: FLSA status, safety-sensitive designation, date created/revised, and employee acknowledgment. The components identified as needing correction/revision are listed in the “Findings” section of the Phase I Final Report which is provided to the member within 60 days of the onsite assessment. The suggested course of action to correct the identified components is outlined in the “Recommendations” section of the final report as well.

Member organizations don’t need to wait until a Phase I Compliance Assessment is conducted to have their job descriptions reviewed. Feel free to contact your POOL/PACT HR Business Partners for assistance.

In the U.S., August typically sees the highest number of births, increasing the likelihood of employees announcing pregnancies in the coming months. Are you prepared? Having a pregnant or recently postpartum employee triggers considerations under several state and federal laws, such as the Pregnant Workers Fairness Acts (PWFA), the Providing Urgent Maternal Protection for Mothers Act (PUMP Act), the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA).

Navigating these can be complex, so here are essential "Dos and Don'ts" for managing employees who are pregnant, lactating, or otherwise impacted by a medical condition related to pregnancy or childbirth.

DO:

1. Issue written notice to new hires and pregnant employees about their rights against discriminatory practices and the right to reasonable accommodation for pregnancy-related conditions. Incorporate this into your personnel policies or use the NV PWFA poster from the Nevada Equal Rights Commission (NERC).
2. Extend the same considerations and benefits to medically-impacted pregnant or postpartum employees as you would to any other temporarily disabled employee.
3. Make sincere efforts to accommodate employee requests and document the interactive process.
4. Request medical certification for accommodations or leave related to pregnancy or childbirth.
5. Process leave under FMLA for independently eligible employees seeking qualified leave.
6. Provide a private space (not a bathroom!) and reasonable break time to express breast milk for employees who gave birth within the last year.

DON’T:

1. Factor an applicant or employee’s pregnancy or parental status into hiring or employment decisions.
2. Impose accommodations or light duty on an employee who has not requested it.
3. Mandate leave if a reasonable accommodation exists to allow the employee to continue working.
4. Deny an accommodation request without exploring all options, seeking legal counsel, and thoroughly documenting reasons why it would be prohibitively difficult.

This list outlines key responsibilities regarding pregnant or recently postpartum workers, but it's not exhaustive. Delve deeper by reading our HR Briefing, Pregnant Workers: Rights, Accommodations, and Leave, accessible on www.poolpact.com to registered users.

POOL/PACT Human Resources is excited to announce a new management eLearning Series is now available. 

This new nine-module eLearning program is called Supervising, Managing, and Leading in the Public-Sector eLearning Series and is for new supervisors and managers or those who will be promoted to a supervisory or management role in the near future. The purpose of this eLearning series is to provide:

• An overview of what it’s like to be a supervisor and manager in the public sector.
• Information to help new managers/supervisors successfully navigate the challenges that come with being in a leadership role.
• Provide the skills, tools, and knowledge necessary to be an effective supervisor, manager, and leader.
• As this is our first eLearning series, we are looking for volunteers to pilot the program. The goal of this pilot is to test the navigation within and between modules, evaluate content and activities, review voiceovers, and provide feedback. We anticipate the whole program taking up to five hours. If you and/or your staff is willing to participate, please contact Jeff Coulam at jeffcoulam@poolpact.com. We are hoping to have feedback provided to us by December 15, 2023.



Training Needs Assessment Workgroup

POOL/PACT Human Resources continues to work with representatives from member organizations to identify training development opportunities that are beneficial and effective for most of the membership. This Training Needs Assessment Workgroup has focused on issues first line supervisors face on a regular basis, including:

• How to hold tough conversations while maintaining professional relationships with employees.
• How to manage stress, including mental health and burnout.
• When and how to document.
• Why performance evaluations are important and specific training on how to do them.
• These four topics will continue to be assessed to determine what training will look like as the Workgroup continues to meet. We will continue to provide updates on the progress.

Training Tip

If you are looking for a way to grab an audience ’s attention, whether at work or in your personal life, try introducing your message using one of the following tips:



• Tell a brief and engaging story that relates to your message.
• Provide a current and relevant statistic.
• Share a quote.
• Ask a question that provokes thought.
• Do a brief demonstration that illustrates your point.
• Share an image that stirs emotion.

Using these tips will help make your message more meaningful and memorable.

Human Resource (HR) support of managers and supervisors in addressing employee mental health is crucial for creating a healthy and productive workplace culture.

Studies have shown that one in five Americans are affected by mental health factors, yet there is still a deep-rooted stigma associated with mental health challenges.

The upcoming holidays can add another layer of mental stress to managers and employees, so here are some ways HR can support supervisors and managers with their employees’ mental well-being at work:

1. Build Trust Through Open Communication: Foster a supportive environment where team members feel comfortable discussing their mental health. Encourage open conversations and actively listen to their concerns. Regular check-ins, both formal and informal, can create opportunities for open dialogue. 
2. Recognize Signs of Distress: Be attentive to changes in behavior, work performance, or engagement that may indicate a team member is struggling. Signs of distress can include decreased productivity, increased absenteeism, or noticeable shifts in mood.
3. Promote a Healthy Work-Life Balance: Set realistic expectations for workload and deadlines. Lead by example demonstrating self-care practices and prioritizing your own mental health. Encourage physical activity and recognize the importance of mental health as a part of overall well-being. Communicate that taking time off for mental health reasons is acceptable and supported.
4. Create a Positive Work Environment: Promote a positive and inclusive workplace culture. Recognize and celebrate achievements, promote teamwork, and provide opportunities for social interactions. A supportive work environment contributes to a sense of belonging and positively impacts mental well-being.
5. Employee Assistance Program (EAP): HR can ensure that managers are aware of and understand the many services available through the Acentra Health EAP (formerly Kepro) which is available to all POOL/PACT members, their employees and volunteers.

In addition, POOL/PACT members have access to several robust eLearning courses on

Health and Wellness to provide support for mental well-being.

Through collaboration and assistance from HR, managers and supervisors can play a pivotal role in fostering a workplace culture that prioritizes employee mental health and well-being.