Employer / Employee Requirements

PLEASE NOTE: This is an outline of some significant provisions applicable to Pennsylvania Christian schools. Many details are omitted for brevity. KCEA’s Administrative Handbook and their frequent Special Reports give the necessary details.

Displaying Employment Postings

Required by the State of Pennsylvania

  • PA Workers Compensation Carrier Notice
  • PA Workers Compensation Physicians Notice
  • PA Minimum Wage Law Notice
  • PA Human Relations Act – Equal Pay Law
  • PA Human Relations Act – Workplace Notice
  • PA Child Labor Law Notice
  • PA Minor Hours Notice
  • PA Right to Know Notice

(Note: It is recommended that a notice be posted to all employees as a reminder that the Christian school does not participate in the Unemployment Compensation program unless the school has optioned to be a part thereof.)

Required by the Federal Government

  • Federal I.N.S. Discrimination Awareness Notice
  • Federal Employee Polygraph Notice
  • Federal OSHA Safety and Health Notice
  • Federal Minimum Wage Notice
  • Federal EEOC / ADA / Title VII Civil Rights Notice
  • Federal Family & Medical Leave Act (with an attached note of non-eligibility)

Right-to-Know Law

  • Designate someone in charge of meeting all requirements
  • Maintain active file of Manufacture Safety Data Sheets (MSDS) for all materials and supplies that are used by employees which contain materials on the government lists. (The secretarial office, the janitor’s closet, the chemistry lab, the science classroom, and the bus garage/maintenance building are the more likely locations for listed materials to be found in a Christian school.)
  • Conduct required training
  • Post listing of all applicable materials and general information bulletin for employees

Gender Discrimination

  • It is illegal to give unequal consideration (salary or fringe benefit) on the basis of gender

Hiring New Personnel

Background Checks:
Act 114 of 2006 specifies that all applicants for employment with public and private schools who will have direct contact with students undergo the following three pre-employment background checks.

  • Pennsylvania State Police Request for Criminal Records Check (Act 34).
    All teachers hired since January 1, 1986, must have a copy of this background check in their employment file.
  • Department of Public Welfare Child Abuse History Clearance (Act 151)
  • Federal Criminal History Record Information (CHRI) [FBI Criminal Background Check] through the Pennsylvania Department of Education obtained through the nearest Cogent Systems office [http://www.pa.cogentid.com/index_pde.htm]

Background checks are required for all prospective teachers, student teachers, and for all  staff in positions where they will come in direct contact with children. This includes pastors, coaches, secretaries, lunchroom personnel, custodians, maintenance staff, and bus drivers.  It also includes employees of independent contractors, such as those giving instrumental music or voice lessons, and tutors.

Report Newly-Hired Employees:

Pennsylvania’s Act 58 of 1997 requires all employers to submit their new hire reports within 20 days after the employee is hired, rehired or returns to work.

Employer Requirements:

Employers doing business in the Commonwealth of Pennsylvania must report the following employees:

  • New Employees: Employers must report all employees who reside or work in the Commonwealth of Pennsylvania
  • Re-Hires or Re-Called Employees: Employers must report rehires, or employees who return to work after not receiving wages for more than 30 calendar days. This includes being laid off, furloughed, separated or terminated from employment for any reason. Examples of such employees include teachers, substitutes, seasonal workers, etc.

Required Information to Be Reported:

Employer, Employee, FEIN, Name, Address, Social Security Number, Contact Name, Date of Hire, and Contact Phone Number.  For additional information, click here.

  • Substitute Teachers must be reported when initially hired. They must be reported again if the employee is rehired following termination, a layoff, a separation, or a requested leave of absence without pay greater than 30 days.
  • Teachers on 9-month vs. 12-month pay schedule must be reported when initially hired and only need to be reported again if they are rehired following termination, separation, a layoff, or if they are returning to work following a requested leave of absence without pay greater than 30 days.

Other Requirements:

  • Physical Examination by a physician. (Required of all new school employees and strongly advised for all childcare employees.)
  • Two-hour training in asbestos awareness for all who conduct janitorial or maintenance duties (including volunteers) if ACM is present in the building.  An annual refresher is required under the OSHA regulations.
  • Complete Federal I-9 form. (Required of every new employee of every employer.)

Wages

  • Non-professionals — (secretaries, janitors, bus drivers, teacher aides, day care workers, etc.)
    • No less in cash (not fringes) than the federal and state minimum wage
    • Time-and-a-half beyond 40 hours
  • Professionals — (pastor, principal, degreed classroom teachers, etc.)
    • Minimum wage and time-and-a-half do not apply
  • Child labor laws are strict and must be followed