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Progressive Discipline Training _1[1]
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- 2. ∗ Probationary Period Assessment ∗Progressive Disciplinary Process ∗ FMLA ∗ Grievance Process Agenda
- 3. GuidelinesGuidelines •Respect for othersand 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…
- 4. ∗ At theend 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
- 5. ∗ Ensure Compliancewith: ∗ 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
- 6. ∗Why have aProbation Period? Probationary Assessment
- 7. ∗ The probationaryperiod 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
- 8. ∗ During thistime, the supervisor appraises the employees: ∗ Ability to learn and perform the duties ∗ Quality of work ∗ Productivity ∗ Work Habits ∗ Cooperation ∗ Attendance ∗ Punctuality Probationary Assessment
- 9. ∗ Identifies performancetargets. Department and Hospital expectations ∗ Affords regular supervisory interactions with new employee ∗ Gives the supervisor the opportunity to assess the employees capabilities Probationary Assessment
- 10. Probationary Assessment ∗ Providesformal feedback on the employees performance ∗ When there are concerns: ∗ Allows for set standards to be revisited ∗ Provide support as needed
- 11. ∗ This isan 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
- 12. ∗ Full timeunion 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
- 13. ∗ During orat 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
- 15. ∗ 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
- 16. Create alearning 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
- 17. ∗ Policy andProcedure Manual ∗ Regulatory Postings ∗ Collective Bargaining Agreement Workplace Rules
- 18. All your effortsat 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
- 19. Documentation ∗ If possible,and when necessary documentation should be signed by both parties, dated, and stored in the employee’s personnel file
- 20. ∗ 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 to improve performance, not to be punitive Benefits of Progressive Discipline
- 21. ∗ Constructive andCorrective ∗ Uniform ∗ Fair and Impartial ∗ Consistent ∗ Prompt ∗ Followed-Up Effective Discipline is…..
- 22. ∗ Coaching (FirstStep) ∗ First Written Warning (Second Step) ∗ Final Written Warning (Third Step) ∗ Suspension (depend on the severity of the infraction) ∗ Termination (Final Step) Progressive Discipline Steps
- 23. ∗ To rectifymisconduct or address marginal performance in a just and constructive way. ∗ To reduce recurrence ∗ To improve employees performance ∗ To improve customer service. PROGRESSIVE DISCIPLINE PURPOSE
- 24. Time & Punctuality:(under St. Francis system)
- 25. ∗ Based underthe 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)
- 26. Time & Punctuality:(under Mid- Hudson system)
- 27. A. Minimum ofone (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
- 28. ∗ For thebirth 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)
- 29. ∗ 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
- 30. Ensure thatthe 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)
- 31. Allow theemployee 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……
- 32. ∗ Cite datesof 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……
- 33. ∗ The Hospitaldoes 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……
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- 35. ∗ Suspension pendinginvestigation ∗ Suspension three (3) consecutive shifts (refer to MHV Staffco Policy) or call Labor Relations Manager Suspension
- 36. ∗ Terminate in-personas 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
- 37. ∗ Give specificexample/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
- 38. ∗ Step 1– Investigation ∗ Step 2 – Is Discipline Appropriate? ∗ Step 3 – What Level of Discipline? ∗ Step 4 – Issuing the Disciplinary Action Progressive Discipline Process
- 39. 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
- 40. ∗ Select anappropriate 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…..
- 41. ∗ Yell orscream ∗ 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…..
- 42. ∗ Signed anddated 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
- 43. Management should neveradminister discipline or any other adverse employment action without first conducting a thorough investigation. Thoroughly review the matter Assemble pertinent data Keep a checklist Don’t be afraid to ask your employees for a statement as to what occurred Investigations
- 44. ∗ Make surestatements 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
- 45. ∗ Once youhave completed your investigation Send your findings to HR for review ∗ HR may ask for follow-up or conduct investigation ourselves HR Review
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- 47. Who can filea grievance? ∗ An individual employee ∗ A group of employees ∗ The Union
- 48. ∗ A grievanceis 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
- 49. ∗ 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.
- 50. ∗ Can fileindependently 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.
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- 52. Arthur Holly, Jr.,- Labor Relations Manager: Ext. 5288 Labor Relations Contact Numbers