An HR professional transitioning from a private employer to public service should expect more than just a change in their workplace. Public employment presents a variety of unique challenges and opportunities, from greater transparency and oversight to the ability to directly influence your community for the better.
When I moved from private HR to public service in 2018, I thought I was ready but found myself caught off guard repeatedly in my first months. Here are the top five surprises – both challenging and delightful – that I encountered in four years of public employment as an HR professional.
Regulatory Oversight
It feels obvious to say that public employers are subject to a lot of regulations, but it can be difficult to anticipate how much the daily function of a public agency is determined by multiple sources of public policy. Becoming familiar with navigating public policy primary documents and speaking in terms of those policies and regulations will allow you to become more self-sufficient in a new role. Learning the common applicable regulations for the agency and position will also allow you to communicate more effectively with colleagues and constituents.
Equally important is knowing what regulations apply differently to public employers. Federal employment laws that feel like second nature to us, such as the Fair Labor Standards Act (FLSA), have carve-outs that exempt public employers from key provisions, while the Family and Medical Leave Act (FMLA) actually applies more broadly to public employers than to private. In Colorado, public employers are explicitly excluded from the definition of “employer” under the Colorado Wage Act and explicitly included in the definition under the Healthy Families and Workplaces Act (HFWA). Employers Council’s Quick Facts for Public Employers is a helpful reference guide for these different applications of familiar laws.
In addition to employment law, constitutional law applies because action taken by a public sector employer is considered an action of the government itself. This grants unique protections to public employees relating to freedom of speech, due process, drug testing, workplace searches, and other terms and conditions of employment where private employers have greater discretion.
While the regulatory environment of public service is more complicated, it is designed to be a clear framework for organizational action and decision-making. The intent of these regulations is to ensure that all public employees receive fair and just treatment and that all public employers are held to the same standard of integrity. Understanding how these laws impact the HR function is essential, both to ensure compliance and to maintain the integrity of public service.
A Structured Work Environment
The public sector operates within a framework of established procedures and regulations to emphasize fairness, consistency, and transparency. Where private employment encourages agility and innovation in the HR function, public sector HR is tasked with maintaining order and accountability. Change can be slow, guided by strict protocols for proposal, approval, and implementation of HR programs and initiatives.
Compensation planning, for instance, is a mostly internal process in private employment. Market data may inform the process, but there are no external forces controlling pay decisions. Individual pay can be adjusted based on individual merit, competing offers, managerial discretion, and what the company can afford to pay.
In contrast, many public employers have rigid salary structures and job classes that determine an individual’s earning potential. Rubrics of experience, education, and other qualifications are used to make individual pay decisions, with very few permitted deviations. Such measures are in place to ensure that pay equity is maintained for all employees, but they can also cause difficulties in recruiting and retention.
Public Accountability
As stewards of taxpayer money, the public sector operates with a level of transparency that surpasses even the most regulated industries in the private sector. Every decision made by HR and organizational leadership is subject to public scrutiny. Many states have open records and open meetings laws, which require that any decision-making body meet public disclosure requirements, including meetings that are open to the public. This environment demands that all employees, including HR professionals, be meticulously ethical and consistent in the execution of their roles.
Service Opportunities
HR professionals coming from the private sector bring a fresh perspective that can drive progress and evolution in a more traditional environment. As representatives for fellow public employees, HR professionals are often involved in shaping policies, procedures, and organizational strategies. Working in the public sector also presents unique opportunities to be directly involved in decision-making processes outside of the employer, potentially affecting public employees across the region or state.
This involvement goes beyond traditional HR functions, with possible influences on public services, employee welfare, and institutional effectiveness. The public sector's shared governance models allow any employee to take on a representative role through work on various boards, committees, and governing bodies. As an HR professional in this arena, you can be an advocate for other public employees, leveraging your expertise to create lasting change.
For those passionate about serving a mission within their community, such involvement in public service is profoundly meaningful, allowing an impact in the community beyond the scope of their job duties. Despite the new challenges from such a structured and regulated environment, being part of the process is just one reason to consider a move to public service.
Benefits of Public Service
Traditionally, public employment is not known for exceptionally high wages, and wage stagnation is a common issue when the compensation budget is set by legislative bodies. However, public employers often make up for lower wages with very rich benefits packages. Copious paid time off programs, significant income protection benefits, and public employee pension plans are just a few of the perks that public service often provides to employees.
Public employees who get active with governance gain professional development, exploring and building new skills outside their normal work assignments. The nature of shared governance presents frequent networking opportunities that can be advantageous for both employees and organizations.
Exceptional job security is another perk of public service. Organizational structure and constitutional protections for public employees mean that layoffs are far less common in public employment, and performance management tends to be treated as corrective, rather than punitive.
Successfully transitioning from private to public sector HR requires an eye for regulation, an appreciation of structured processes, and a commitment to public accountability. Beyond the professional differences, true success takes a service-minded approach to the work and the community it serves.
Public servants are called upon daily to balance compliance with a heart of service, and I can’t think of a better way to describe a true HR professional.
Hannah Rich is a human resources consultant for Employers Council.