FRAUD
The prevention of fraud and abuse and the minimization of waste is
the responsibility of all employees of UTSA. If fraud occurs within
your area, you should report the information to your supervisor,
Auditing and Consulting Services and/or University Police. You may
also report fraud to the UTSA Hotline at (877) 888-0002 or via the
Web at https://www.tnwinc.com/webreport.
Additional information may be found in the UT System Fraud Policy
at http://www.utsystem.edu/policy/ov/uts118.html.
| Q: What are some examples of fraud? |
| A: Lying on an employment application;
intentionally falsifying records (e.g.,
payroll or time records); or providing false
receipts for reimbursements (e.g., travel,
petty cash). |
RESEARCH MISCONDUCT
UTSA and its employees have a duty to ensure the responsible
conduct of research at our institution. Research misconduct is defined
as “fabrication, falsification or plagiarism in proposing, performing
or reviewing research, or in reporting research results.” The destruction
or absence of research records is also evidence of research misconduct.
Additional information may be found at the Web site for the
National Office of Research Integrity at http://ori.dhhs.gov/policies/
Requirements-Reg-6-05.shtml.
EQUAL EMPLOYMENT OPPORTUNITIES
UTSA is an Equal Employment Opportunity (EEO)/Affirmative
Action employer. UTSA does not discriminate against employees
or applicants for employment on the basis of race, color, national
origin, religion, sex, age, veteran status or disability. In addition to
compliance with all applicable federal and state laws and regulations,
no person will be subjected to employment discrimination on the basis
of sexual orientation.
UTSA’s commitment to equal opportunity principles applies to all
aspects of employment, including recruitment, retention, promotion,
compensation, benefits and training. Questions regarding EEO or
Affirmative Action issues should be directed to your supervisor or
the Office of Institutional Diversity.
Additional information may be found at
http://www.utsa.edu/hop/Chapter9/9-1.cfm.
| Q: I feel like I was passed up for a promotion
because of my age. Who do I call when I
feel like I have been discriminated against? |
| A: The Office of Institutional Diversity deals
with all allegations of discrimination
at UTSA. |
SEXUAL HARASSMENT AND SEXUAL MISCONDUCT
The environment for employees and students should be
free from inappropriate conduct of a sexual nature in the
workplace or classroom. Sexual harassment and sexual
misconduct are illegal, unprofessional and prohibited.
UTSA is committed to complying with federal and state laws.
Employees who engage in such conduct will be subject to
disciplinary action, up to and including termination. Questions
regarding sexual harassment or sexual misconduct should be
directed to your supervisor or the Office of Institutional Diversity.
Additional information may be found at
http://www.utsa.edu/hop/Chapter9/9-3.cfm.
| Q:My co-worker is sending me jokes via e-mail
that contain offensive content. I’ve asked her
to stop, but she continues to send them.
What can I do? |
| A: Since the e-mails continued after you
asked her to stop, immediately contact
your supervisor. If your supervisor is unable
to assist you, then contact the Office of
Institutional Diversity. An investigation may
be initiated and appropriate action taken. |
| Q:My supervisor makes remarks containing
sexual language clearly directed at me.
What can I do? |
A:You should ask your supervisor to stop the
remarks; however, if you don’t feel comfortable
talking to your supervisor, immediately contact
the Office of Institutional Diversity. |
FAMILY AND MEDICAL LEAVE ACT (FMLA)
The Family and Medical Leave Act (FMLA) of 1993 is a federal
law that makes available to all eligible employees up to 12 weeks
of unpaid* leave in a 12-month period for specific situations.
Employees are eligible for leave under the FMLA if they have
worked for the State of Texas for at least 12 months (the months
need not be continuous), and have worked for at least 1,250 hours
during the 12 months prior to the first day of leave. FMLA leave
runs concurrently with the employee’s use of sick leave, vacation
leave and floating holidays. FMLA leave is approved through the
Office of Human Resources Management and Development.
Questions regarding FMLA should be directed to them.
Additional information may be found at
http://www.utsa.edu/hop/chapter4/4-20.cfm.
* Be sure to call Human Resources for information about sick leave pay
and benefits while out on FMLA.
| Q: My wife and I are adopting an infant next
month. Am I eligible for Family Medical
Leave? How long may I take off? |
| A: You may be eligible for FMLA. FMLA allows
for a total of 12 weeks off. Check with the
Office of Human Resources Management and
Development for specific eligibility requirements
and for information on requesting
leave. |
OVERTIME COMPENSATION
Non-Exempt Employees
Section 659.015 of the Texas Government Code, “Overtime
Compensation for Employees Subject to the Fair Labor Standards
Act of 1938,” states that non-exempt UTSA employees who are required
or permitted to work over 40 hours in a workweek are to be compensated
either
• By receiving pay equal to one and one-half times the regular rate
of pay for the hours in excess of 40 hours in a workweek, or
• By receiving compensatory time off at the rate of one and one-half
hours for each hour of overtime (the hours in excess of 40 hours in
a workweek), with a limit of 240 accrued hours per year.
The method of compensation (pay or compensatory time) is determined
by department/division policy. Supervisors must specifically approve
overtime before it is worked and compensatory time before it is taken.
Exempt Employees
Section 659.016 of the Texas Government Code, “Overtime
Compensation for Employees Not Subject to the Fair Labor Standards
Act of 1938,” states that an exempt employee may be allowed to accrue
compensatory time at a rate not to exceed one hour for each hour of
time worked that exceeds 40 hours in a workweek. The phrase “may be
allowed” suggests that compensatory time for hours worked in excess of
40 hours in a workweek is provided at the discretion of the supervisor.
Questions regarding overtime compensation should be directed to the
Office of Human Resources Management and Development.
Additional information may be found at
http://www.utsa.edu/hop/Chapter4/4-12.cfm.
| Q: I am a non-exempt employee. I like to get
all of my work done each day, so sometimes I come in early and leave late, but
I only record eight hours of work on my
time report. Is this okay? |
A: No. Non-exempt employees should only
work 40 hours per week. Your supervisor
must approve, in advance, any overtime
hours prior to your working over 40 hours.
All overtime must be accurately recorded
on your time report. |
EXEMPT AND NON-EXEMPT TIMEKEEPING
Section 661.908 of the Texas Government Code, “Leave Records;
Time and Attendance Records,” states that the administrative head
or governing body of each state agency shall require the following for
each employee:
• time and attendance records
• a record of the accrual and taking of vacation and sick leave
• a record of the reason an employee takes leave if other law requires
the employee to inform the agency of the reason
• a record that shows whether any leave taken is accounted for
as sick leave,
Questions regarding exempt or non-exempt timekeeping should
be directed to the Office of Human Resources Management and
Development.
Additional information may be found at
http://www.utsa.edu/hop/Chapter4/4-12.cfm.
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