06.11.01 Policy Employment Eligibility Authorization
CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: 06 Human Resources Policies Policy No. 06.11.01 SECTION: 11 Administrative Directives Page: 1 of 2 SUBJECT: 01 Employment
Authorization Process Introduction: The City of Boynton Beach is committed to following all United States immigration laws including, but not limited to, the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 and the Homeland Security Act of 2002. The following policy has been adopted and shall apply to all City employees hired after November 6, 1986.
Policy: New employees must provide proof of work eligibility and verification of identity to the City within three (3) business days of the 1st day of work. The types of documentation
that are sufficient to establish work eligibility and verification of identity are specified on Department of Homeland Security Form I-9, Employment Eligibility Verification. The City
will review the documents to ensure that each new employee is authorized to work in the United States. New employees who do not or cannot provide proof of current work authorization
within three (3) business days will not be permitted to work and will be terminated immediately. All employees are required to maintain their employment eligibility and complete the
reverification process as required by the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Employees must immediately notify the City if their Work
Authorization status changes or if they are no longer eligible to work on the United States. When an employee’s work authorization expires, the City must reverify his or her employment
eligibility. Scope: Human Resources will periodically audit City employees’ 1-9 Employment Eligibility Verification Forms. The purpose of the audit will be to determine if there are
any expired employment authorizations, expiring employment authorizations, or administrative errors. Any terminations resulting from this Policy are administrative in nature and are
contingent upon the the employee’s eligibility for employment pursuant to the laws of the United States. The City will not “hold” a position for any employee that is terminated pursuant
to this Policy. If an employee is terminated and subsequently obtains valid employment documentation, the City may consider rehiring the employee but will not guarantee such rehiring
nor guarantee the salary, position, or benefits related thereto.
Work Authorization Procedures: The City of Boynton Beach shall follow the procedures outlined in the current M-274 Handbook for Employers distributed by the U.S. Citizenship and Immigration
Services Department of Homeland Security to verify employment authorizations. All new employees must fully complete Section 1 of Form I-9, Employment Eligibility Verification at the
time of hire, at least three (3) business days prior to when the employee begins work. Lists of acceptable documents are specified on Form 1-9. It is the current employee’s responsibility
to present an acceptable document that shows either an extension of his or her initial employment authorization or a new work authorization. To maintain continuous employment authorization,
employees with temporary employment authorization should file for a new employment authorization or an extension of stay well in advance, and no less than ninety (90) days, prior to
the expiration date of his or her current documentation. If USCIS fails to adjudicate the application for employment authorization within 90 days, then the employee must obtain an Employment
Authorization Document (EAD) Form I-766 from the USCIS. Pursuant to the current regulations, EADs are valid for a period not to exceed 240 days. Reverifying Employment Authorization:
An employee is responsible to provide the City with their employment authorization no later than the date their employment authorization expires for reverification. The City will update
Section 3 of the I-9 form or complete a new I-9 form if it was used for previous reverifying. If the employee cannot provide the City with proof of current work authorization within
one (1) business day of their expired work authorization he or she may make a written request for an unpaid leave of absence of ten (10) business days or request to use accrued vacation
in order to obtain valid documentation. If, at the end of the unpaid leave or vacation, the employee is unable to provide valid documentation to be able to complete Form I-9, the employee
shall be terminated immediately. Administrative Error Procedures: If an administrative error is discovered such that the City is not in possession of valid work authorization documents
for a particular employee, pursuant to the governing law, the employee must provide Human Resources with documentation to correct the error and he or she may be required to complete
a new Form I-9. The employee should provide all required documentation within three (3) business days following date of notification from Human Resources. If the employee is unable to
provide documentation to correct the administrative error within three (3) business days, he or she may make a written request for an unpaid leave of absence of ten (10) business days
or request to use accrued vacation leave in order to obtain valid documentation. If, at the end of the unpaid leave or vacation, the employee is unable to provide valid documentation
to be able to complete Form I-9, the employee shall be terminated immediately. EFFECTIVE DATE: July 1, 1, 2009 Kurt Bressner Kurt Bressner, City Manager