Thursday May 01, 2014

US HRMS Customers Needing to Comply with 2014 OFCCP Section 503 & VEVRAA Regulations

On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced a Final Rule that makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973 as amended (Section 503) at 41 CFR Part 60-741. Section 503 prohibits federal contractors and subcontractors from discriminating in employment against individuals with disabilities (IWDs), and requires these employers to take affirmative action to recruit, hire, promote, and retain these individuals. The Final Rule strengthens the affirmative action provisions of the regulations to aid contractors in their efforts to recruit and hire IWDs, and improve job opportunities for individuals with disabilities. The Final Rule also makes changes to the nondiscrimination provisions of the regulations to bring them into compliance with the ADA Amendments Act of 2008.

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs also announced a Final Rule that makes changes to the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), as amended at 41 CFR Part 60-300. VEVRAA prohibits federal contractors and subcontractors from discriminating in employment against protected veterans, and requires these employers to take affirmative action to recruit, hire, promote, and retain these veterans. The Final Rule strengthens the affirmative action provisions of the regulations to aid contractors in their efforts to recruit and hire protected veterans and improve job opportunities for protected veterans.

The OFCCP published the Final Rule in the Federal Register on September 24, 2013, which became effective on March 24, 2014. However, current contractors with a written affirmative action program (AAP) already in place on the effective date have additional time to come into compliance with the AAP requirements: they can maintain that AAP for the duration of their AAP year. Such contractors are required to update their affirmative action programs to come into compliance with the requirements of subpart C of this final rule at the start of their next standard twelve month AAP review cycle.

Under the new Section 503 regulations, federal contractors are required to extend three separate invitations to applicants or employees to optionally self-identify their disability status:

  • Pre-Offer: All applicants must be offered an invitation to self-identify as individuals with a disability whenever the applicant “applies or is considered for employment.” To accommodate this requirement, a new page "Disability Information" that offers candidates the opportunity to self-identify their disability status when applying for a new job is being delivered as part of the Oracle EBS iRecruitment product. This page will be made available as part of the External candidate job application flow for external applicants.
  • Post-Offer: After the offer of employment, as the applicant begins job duties, contractors must extend another invitation to voluntarily self-identify as an individual with a disability. A new form CC 305 must be offered as part of the new hire “paper work”.
  • Existing Employees: All federal Contractors must invite all current employees to voluntarily self-identify as an individual with a disability at least once every 5 years using the language prescribed by the OFCCP in new form CC 305.

Under the new VEVRAA regulations, federal contractors are required to extend two separate invitations to applicants / employees to optionally self-identify their veteran status:

  • Pre-Offer: Prior to extending a job offer, all applicants must be offered an opportunity to self identify as a “protected veteran”. To accommodate this requirement, a new page called Veteran Information for candidates to self identify as a protected veteran when applying for a new job is being delivered as part of the iRecruitment product. This page will be available to external applicants only. Veteran information for internal applications will be defaulted based on the data provided in the HR system and the candidate could be directed to the HR self identification form if they desire to change any information.
  • Post-Offer: After the offer of employment, but before the applicant begins job duties, contractors must extend a second invitation to voluntarily self-identify their veteran status.

To accommodate the Section 503 and VEVRAA Post-Offer requirements, the following US HR one off patches have been released for Release 12.1 customers that contain a new Employee Self Service pages: Disclose Disability Status and Invitation to Disclose Veteran Status.  These pages contain enter-able PDF forms containing the language required by the regulations where users can optionally make a selection and submit it as part of Employee Self Service.


Patches:

18410751:R12.PER.B - For Release 12.1 customers who have applied: 

  • R12.1 HRMS RUP6 18598262:R12.PER.B - For Release 12.1 customers who have applied R12.1 HRMS RUP5

The above patches also contain a new report 'US OFCCP Disability/VEVRAA Audit Report' to assist customers in the event they are selected for a compliance audit by the OFCCP. This new report can be used to generate an audit report containing employee disability and veteran status information. Please note that this new report provides audit details for employees only; it does not report applicant data.


Please see the following readmes on My Oracle Support for full details**:

**Note: The functional readmes listed above do not contain detailed patch installation instructions. Please refer to the applicable patch readme available in the patch download area on My Oracle Support for the patch installation instructions.

Oracle Development is targeting mid-May to release one off US HR patches for Release 11i and 12.0 customers.

For further details on the new regulations and what Oracle Development is delivering to accommodate these regulations, please also see :

Please note that a one off patch is being released separately for the Oracle iRecruitment product to accommodate the pre-offer requirements for applicants. More information on the iRecruitment patch can be found in My Oracle Support

Friday Jan 31, 2014

Employer Shared Responsibility Provision of the Affordable Care Act Patches Available

Many parts of the Employer Shared Responsibility Provision (ESRP) of the Affordable Care Act (or ACA) went into effect at the beginning of this year (2014). ESRP describes the following requirements:

  • Which employers must comply and how they must comply with the provision
  • How employees are defined as eligible for coverage
  • What periods of time employees are eligible for coverage
  • Cost of the coverage to the employee
  • Minimal Essential Coverage definition
  • Reporting to the employee and to the federal government

While transition relief was provided by the Department of the Treasury and the IRS earlier this year which pushed out the penalty and reporting requirements sections of the provision to begin 1/1/2015 instead of 1/1/2014, all other requirements of the provision are still effective as of January 1st, 2014.

As part of complying with the ESRP, employers need to be able to track hours used to determine full time eligibility that are not paid or tracked in payroll or a time keeping system (e.g. military leave, disability leave, workers compensation leave). Additionally, they also need to be able to track Full Time Employees (according to the ACA definition), along with rehires, as well as their eligibility. To assist with these requirements, one off patches have been released for both US HR Only (and Benefits) customers and US Payroll customers.

The "PER" patches for US HR only (and Benefits) customers contain:

  • New fields added to the People form for tracking full time employees as well as rehires
  • Ability to create user defined eligibility criteria based on these new fields
  • Ability to create life events that can be triggered based on changes to these new fields
  • New data elements (mapped to the new fields) added to the System Extract tool

The "PAY" patches (for US Payroll customers) contain the above changes as well as a new informational payroll balance to help track employee service hours. (Please note the informational balance was previously also delivered as part of the End of Year 2013 Phase 3 patch released on January 15th.)

For Oracle US HR (and Benefits) customers who do not have Payroll fully installed, the following one off "PER" patches are now available:

  • 11i - 18103141
  • 12.0 - 18103153:R12.PER.A
  • 12.1 - 18103153:R12.PER.B

Please see the following readmes on My Oracle Support for full details**:

  • Updates to US HR To Accommodate the Employer Shared Responsibility Provision of the Affordable Care Act - Release 11i (Doc ID 1616434.1)
  • Updates to US HR To Accommodate the Employer Shared Responsibility Provision of the Affordable Care Act - Release 12.0 (Doc ID 1616428.1)
  • Updates to US HR To Accommodate the Employer Shared Responsibility Provision of the Affordable Care Act - Release 12.1 (Doc ID 1616417.1)

For Oracle US Payroll (and Benefits) customers, the following one off "PAY" patches are now available:

  • 11i - 18103148
  • 12.0 - 18103154:R12.PAY.A
  • 12.1 - 18103154:R12.PAY.B

Please see the following readmes on My Oracle Support for full details**:

  • Updates to US HRMS To Accommodate the Employer Shared Responsibility Provision of the Affordable Care Act - Release 11i  (Doc ID 1616416.1)
  • Updates to US HRMS To Accommodate the Employer Shared Responsibility Provision of the Affordable Care Act - Release 12.0 (Doc ID 1616426.1)
  • Updates to US HRMS To Accommodate the Employer Shared Responsibility Provision of the Affordable Care Act - Release 12.1 (Doc ID 1616427.1)

** Note: The functional readmes listed above do not contain detailed patch installation instructions. Please refer to the applicable patch readme available in the patch download area on My Oracle Support for the patch installation instructions.

More information on the Affordable Care Act can be found in the following documents on My Oracle Support:

  • Oracle E-Business Suite US Payroll Position Statement: Patient Protection and Affordable Care Act 2010 & Affordable Care and Education Reconciliation Act 2010 (Doc ID 1091444.1 )
  • Oracle E-Business Suite Advanced Benefits Position Statement: Patient Protection and Affordable Care Act 2010 & Affordable Care and Education Reconciliation Act 2010 (Doc ID 1597102.1 )
  • Oracle E-Business Suite US Payroll Position Statement: Employer Shared Responsibility Provisions Under the Affordable Care Act (Doc ID 1542487.1 )
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