ProgressiveProgressive Discipline Discipline TrainingTraining

Probationary Period Assessment Progressive Disciplinary Process FMLA Grievance Process

Agenda

Guidelines•Respect for others and their ideas

•Focus on what you can control

•If you Oppose, Propose!

•One Person Speaking at a time - please

• Cell phones/electronic devices –pls turn sound off…

At the end of this training you will have a better understanding of the following:

Purpose of the Probationary Period

Progressive Disciplinary process

Know what’s the Grievance Process and how it works

Objective

Ensure Compliance with:

Code of Conduct (Employee handbook) Promote just cause Ensure Policies and Procedures are adhered Contract (CBA) Assist in the Progressive Discipline Process

Responsibilities of Labor Relations

Why have a Probation Period?

Probationary Assessment

The probationary period is the initial period of employment, a kind of “trial period” during which the supervisor carefully considers whether the employee is able to meet the standards and expectations of the job

Probationary Assessment

During this time, the supervisor appraises the employees:

Ability to learn and perform the duties Quality of work Productivity Work Habits Cooperation Attendance Punctuality

Probationary Assessment

Identifies performance targets. Department and Hospital expectations

Affords regular supervisory interactions with new employee

Gives the supervisor the opportunity to assess the employees capabilities

Probationary Assessment

Probationary Assessment

Provides formal feedback on the employees performance

When there are concerns: Allows for set standards

to be revisited Provide support as

needed

This is an option available to the hiring manager and should be used for the following instances: Absence from work due to illness (FMLA, LOA

etc…) When there is a good chance that standards will

be achieved For any reason the supervisor is unable to the

evaluate employee The amount of time extending should reflect

the amount of time loss for what ever reason

Probationary Extension

Full time union employees, part time union employees shall be considered probationary for a period of 90 days from the date of employment, excluding time loss for sickness and other leaves of absence.

Probationary Periods

During or at the end of the probationary period, The Hospital can discharge any probationary employee, (with DOCUMENTED cause) and such termination shall not be subjected to the grievance or arbitration process

Its imperative that you document the employees shortcomings to safeguard yourself and the Hospital

Probationary Termination

Educator Facilitator Coach Counselor Enforcer

“The achievements of an organization are the direct results of the combined effort of each individual” Vince Lombardi

Role of Managers/Supervisors

Create a learning and patient safety culture to produce the best possible outcome

Ensure compliance with policies/procedures and code of conduct to ensure effectiveness of the systems

Counsel employees around reliable behaviors and recognize when remedial and disciplinary actions will get us the results we desire

Supervisors/Manager’s Objectives

Policy and Procedure Manual

Regulatory Postings

Collective Bargaining Agreement

Workplace Rules

All your efforts at Educating, Facilitating, Coaching and Counseling have failed it now become time enter the disciplinary process. If there is only one piece of advice I could give to everyone here is DOCUMENT IT /DATE IT Immediately“if it wasn’t documented and dated, it didn’t happen”. If you are ever required to go to court due to a sensitive termination, documentation will be your best friend

Documentation

If possible, and when necessary documentation should be signed by both parties, dated, and stored in the employee’s personnel file

Improves employees’ understanding that a performance problem or the opportunity for improvement exists

Provides a formal method of communication and documentation

Improves employee morale and retention by demonstrating that there are consequences for poor performance. This can result in greater departmental efficiency and productivity

The goal of Progressive Discipline is toimprove performance, not to be punitive

Benefits of Progressive Discipline

Constructive and Corrective Uniform Fair and Impartial Consistent Prompt Followed-Up

Effective Discipline is…..

Coaching (First Step)

First Written Warning (Second Step)

Final Written Warning (Third Step)

Suspension (depend on the severity of the infraction)

Termination (Final Step)

Progressive Discipline Steps

To rectify misconduct or address marginal performance in a just and constructive way.

To reduce recurrence To improve employees performance To improve customer service.

PROGRESSIVE DISCIPLINE PURPOSE

Time & Punctuality: (under St. Francis system)

Based under the St. Francis system ,the previous slide, and as per the policy, the employee would have been given a coaching and probably would have not received anything for the remainder of the year.

Time & Punctuality: (under St. Francis system)

Time & Punctuality: (under Mid-Hudson system)

A. Minimum of one (1) year of service with the organization

B. Minimum 1,250 hours worked within past rolling year

C. Twelve (12) weeks of unpaid leave during any twelve (12) month period for one or more of the following reasons.

D. Intermittent leave (employee is able to utilize day/s while still maintaining active work status)

E. FMLA, is unpaid, but employee may utilize his earned time accruals for FMLA

FMLA QUALIFYING GUIDELINES

For the birth and care of the newborn child of the employee

For placement with the employee of a son or daughter for adoption or foster care

To care for an immediate family member ( spouse, child or parent) with a serious health condition

To take medical leave when the employee is unable to work because of serious health condition

LEGALLY OBLIGATED TO INFORM EMPLOYEES OF FMLA RIGHTS.

FMLA (CONT)

Minor infractions First time offense

Clearly communicate that it is a coaching, and that we expect immediate, substantial and sustained improvement, or the employee will be subject to further disciplinary actions up to including discharge

Written record of coaching is given to employee, file to supervisor’s file, not in personnel file in HR

Employee’s signature needed

Coaching

Ensure that the employee has union representation (Weingarten Rights)

In the event that employee refuses representation, ensure that a waiver is signed

Indicate the problem Identify the rule and policy Indicate the most recent occurrence /infraction if

it’s time and punctuality please refer to the policy as it is written (everything counts regarding absenteeism)

Follow up with necessary action to be taken if necessary

Written Warnings (First and Final)

Allow the employee to feel at ease Watch your tone (avoid being angry and

hostile) Address the specific problem or violation of a

policy, procedure or code of conduct Stick to the issue at hand Do not make personal judgments

Key points to remember……

Cite dates of occurrence Listen to what the employee has to say Discuss the impact of the employee behavior on the

department Establish a plan of action Inform the employee of the consequences of any

further occurrence Specify a review period to monitor progress and KEEP

IT

Key points to remember……

The Hospital does retain the right to administer counseling or discipline in any manner appropriate.

The policy does not modify the status of employees as at-will or in any way restrict the Hospitals right to bypass the disciplinary procedures suggested based on the severity of the situation

Key points to remember……

Call Human Resources

Suspensions/Terminations

Suspension pending investigation Suspension three (3) consecutive

shifts (refer to MHV Staffco Policy) or call Labor Relations Manager

Suspension

Terminate in-person as much as possible to collect company properties

In case of job abandonment, mail a letter by regular mail certified with return receipt. By Fed Ex, with request for signature – Keep a copy of this letter for your file, send copy to HR for employee file

Clearly identify misconducts to minimize unemployment insurance liability

ALL TERMINATION FOR CAUSE, MUST BE APPROVED BY HUMAN

RESOURCES

Termination

Give specific example/s of current performance under review

Set reasonable goals within scope of job functions

Measurements with time, monitor periodically (DO NOT TARGET).

Give updates on progress, weekly or bi weekly meetings and it should be thorough.

COACHING

Step 1 – Investigation Step 2 – Is Discipline

Appropriate? Step 3 – What Level of

Discipline? Step 4 – Issuing the

Disciplinary Action

Progressive Discipline Process

Progressive Discipline Process

Information & Documentation is Key

Voluntary quit: Signed Resignation Statement from person that

received the resignation from the employee

Record of attempts to resolve claimant issue prior to resignation

Refused Assignment

Misconduct/Attendance: Detailed account of the final

incident that resulted in termination

Timeline of events leading to termination

Warnings regarding similar infractions (written/documented/verbal)

Signed acknowledgement of company policy relative to terminating infraction

Select an appropriate time & place to meet with the employee/Delegate and management witness

Present the disciplinary action in a calm manner Refrain from issuing the discipline if the employee provides

additional relevant information that was not provided during the investigation. You may need to do further investigation

Document the discussion for your records (please be succinct and thorough when writing your discipline, what did he/she fail to do? What was the policy violated? (if there was a policy violated, cite it) I want to see it in the discipline.

If it is a clinical issue, please cite the infraction and the corrective way of handling it, that also needs to be in the discipline

Issuing the Discipline: Do…..

Yell or scream Base disciplinary actions on rumors Discuss an employee’s performance or conduct

issues with the employee’s co-workers Discipline employees in the presence of others (co-worker) Discipline employees in the heat of the moment

Issuing The Discipline: Don’t…..

Signed and dated original to Human Resources Copy of disciplinary warning notice to remain in

department file Employee receives a copy of disciplinary warning

notice even if she or he did not sign it

This applies to written warnings, suspension and terminations

Disciplinary Warning Notice Distribution

Management should never administer discipline or any other adverse employment action without first conducting a thorough investigation.

Thoroughly review the matter Assemble pertinent dataKeep a checklistDon’t be afraid to ask your employees for a

statement as to what occurred

Investigations

Make sure statements are signed and dated Try and obtain statements within 48 hours of

occurrence It is involves patients, ask for statements from

staff (Notify Risk Management and your supervisor)

Do not interview your staff without Union representation (if they are not proceed with the interview process)

Investigations

Once you have completed your investigation Send your findings to HR for review

HR may ask for follow-up or conduct investigation ourselves

HR Review

Grievance Process

Who can file a grievance? An individual

employee

A group of employees

The Union

A grievance is defined as a complaint by a unionized employee who feels that their rights have been violated contractually with respects to a disciplinary action, suspension, demotion and/or dismissal

A non union employee has the same right as a non union employee with the exception that this employee is not covered by the CBA

What’s a Grievance

Step One – Grievance is presented to immediate supervisor in writing

Step Two – Department Director or designee

Step Three – Labor Relations Manager or designee

Step Four – Arbitration (Unionized employees only)

Steps in the grievance process

Note: grievances concerning suspensions and terminations begin at the 3rd step.

Can file independently through the NLRB (National Labor Relations Board)

The NLRB is an independent federal agency that protects the rights of private sector employees to join together with or without a union to improve their wages and working conditions.

Regional Office: 26 Federal Plaza Room 3614 NY, NY 10278 212-264-0300

Steps in the grievance process for non-unionized

employees.

Questions

Arthur Holly, Jr., - Labor Relations Manager: Ext. 5288

Labor Relations Contact Numbers