Administrative Procedures

Form I-9 Procedure

1. Purpose

This procedure is to clarify the steps of obtaining the appropriate Form I-9 from new employees, when to complete an updated Form I-9 for returning employees and retention guidelines for the Form I-9.

2. Scope

This policy applies to all KCTCS employees.

3. Procedure

1. Completion of Form I-9 for New Hires
   1. All employees shall be required to complete Section 1 of the Form I-9 at the time of hire, and after the employee has accepted an official offer of employment (but no later than the first day the employee starts work for pay or other remuneration.
      
      
   2. A preparer and/or translator may help the employee complete Section 1.
      
      
   3. Upon completion of Section 1, Human Resources (HR) shall review the information provided by the employee and ensure that Section 1 is legible and has been properly completed.
      
      
   4. Human Resources shall review the employee’s supporting document(s) and fully complete Section 2 within three business days of the date employment begins.
      
      
2. Rules for Continuing Employment and Other Special Rules
   1. A new Form I-9 from an employee is not required when an employee is being rehired within three years of the date the employee’s previous Form I-9 was completed. However, in certain situations, a hire is not considered to have taken place despite an interruption in employment. In case of an interruption in employment, HR will determine whether the employee is continuing in his or her employment and has a reasonable expectation of employment at all times.
      
      
   2. The following situations constitute continuing employment:
      1. Approved paid or unpaid leave on account of the employee’s illness or pregnancy; maternity or paternity leave; vacation; study, union business; a family member’s illness or disability or other temporary approved leave.
         
         
      2. Promotions, demotions, or pay raises.
         
         
      3. Temporary layoff for lack of work.
         
         
      4. Strikes or labor disputes.
         
         
      5. Reinstatement after disciplinary suspension for wrongful termination found unjustified by any court, arbitrator, or administrative body, or otherwise resolved through reinstatement or settlement.
         
         
      6. Transfer from one distinct unit of an employer to another distinct unit of the same employer; the employee’s Form I-9 is transferred to the receiving unit.
         
         
      7. Seasonal employment.
         
         
      8. Continuing employment with a related, successor, or reorganized employer, as long as the employer obtains and maintains records and Forms I-9, where applicable, from the previous employer. A related, successor, or reorganized employer includes:
         1. The same employer at another location.
            
            
         2. If KCTCS continues to employ any employee of another employer’s workforce, where both KCTCS and the employers belong to the same multi-employer association and the employee continues to work in the same bargaining unit under the same collective bargaining agreement. For these purposes, any agent designated to complete and maintain Form I-9 must enter the employee’s date of hire and/or termination each time the employee is hired and/or terminated by an employer of the multi-employer association.
            
            
   3. Upon a determination that an employee was terminated and is now rehired, and the rehire occurs within three years from the date the original Form I-9 was completed, Human Resources may complete a new form or rely on the original one.
      
      
3. Retaining the Form I-9
   1. KCTCS shall retain a Form I-9 for each person as required by federal law. To calculate how long to keep a former employee’s Form I-9:
      1. If they worked for less than two years, retain their form for three years after the date you entered in the First Day of Employment field.
      2. If they worked for more than two years, retain their form for one year after the date they stop working for you.
         
         
   2. It is KCTCS practice to copy the appropriate documents the employee presents when completing Form I-9. These copies (or electronic images) must be retained with the employee’s Form I-9 in their employee record.

4. Using Authorized Representatives for Verification

1. KCTCS may approve an authorized representative to complete Section 2 on behalf of KCTCS.  That representative can be any member of the general public, personnel officer, foreman, agent, or notary public where permissible. The authorized representative must perform all the duties, including physically reviewing the employee’s completed Section 1. KCTCS is liable for any violations in connection with the form or the verification process committed by the authorized representative.
   
   
2. When using a notary public as an authorized representative, that person is not acting in the capacity of a notary and should not apply a notary seal, stamp, or embossment to the Form I-9. They must perform the same required actions to complete the verification process as any other authorized representative, including signatures.