INSTRUCTIONS This sample Employee Handbook is provided free by the Texas Osteopathic Medical Association for use at your clinic. You will need to adapt it to fit the specific situations of your personal practice. Please download this copy into your word processing program. Every place your see something italicized, bolded and in (parentheses), put in the correct name or title requested. You will need to read through the manual and determine what you have or would like to have as employee guidelines and make the necessary edits. If for some reason you are unable to download this version of the Employee Handbook, TOMA members can contact the TOMA Central Office -(800) 444-8662- and receive a copy on a floppy disk. (Clinic Name) Employee Handbook (Month, Year) 1 About (Clinic Name) The (clinic name) is a professional medical practice comprised of (a) Doctor(s) of Osteopathy (D.O.), located in (town name), Texas, who (is/are) engaged in the ethical practice of Osteopathic Medicine. Our reason for existence is to render service and quality medical care to our more than (#) patients. The services expected of this office are myriad and as an employee you will become involved, directly and indirectly, in helping to provide them. We cannot stress too strongly that the needs of our individual patients are of paramount importance to us. What is expected of each employee of this clinic in regard to such service is explained in part in this booklet. As a new employee, you may be unfamiliar with the work of a physician’s clinic or of the osteopathic profession. You will find that common courtesy will stand you in good stead in most instances while you learn the responsibilities of your job. The (physician or clinic manager name) is in full charge of this office, which is the central headquarters of this practice. The (physician or clinic manager name) is responsible for hiring and termination of employment of office personnel. The (physician or clinic manager name) sets the work hours and amount of wages paid each employee. Effective employees of this practice play an important role in helping our patients achieve their goal of obtaining compassionate care for their health care needs. 2 Equal Employment Opportunity The (clinic name) complies with Section 703 (a)(1) of Title VII of the 1964 Civil Rights Act which prohibits discrimination against any individual with respect to compensation, terms, conditions, or privileges of employment because of such individual’s race, color, age, religion, sex, disability or national origin. All recruiting, hiring, training and promotion decisions will comply with the principle of equal employment opportunity. Conditions of Employment Hours (CLINIC NAME) hours of operation are 8 AM to 5 PM, Monday through Friday. Full time, nonexempt employees are expected to work five, 8-hour days (40 hours a week). Staggered shifts to provide office coverage may be assigned by (physician/clinic manager name). Part time employees (those working less than 40 hours a week) are expected to work the weekly number of hours approved by (physician/clinic manager name). Any change in this number must be approved in advance by (physician/clinic manager name) and reported on your timesheet for payroll purposes. Employees are paid on the 15th of the month and on the last day of the month. Should either of those days fall on a weekend, employees will be paid on the Friday before the weekend. If a payday falls on a holiday, employees will be paid on the day before the holiday. Checks are distributed to the employee on payday. Checks will be distributed to relatives, only after the employee has designated in writing, that the named person can receive their payroll check. The (CLINIC NAME) sometimes provides bonuses for exemplary work. Bonuses will be paid the same as other salary checks with all required deductions subtracted. (CLINIC NAME) will not deduct from an employee’s wages unless ordered by a court, authorized by law or authorized for a lawful purpose in writing from the employee. Vacations At the end of six months employment, you are entitled to 5 days vacation with pay, although you may not choose to take it at that time. At the end of one year's employment, you are entitled to a total of 10 days vacation for the year. At the end of seven year's employment, you are entitled to a total of 15 days vacation for the year. Employees are encouraged to use all their vacation time during the calendar year. A total of 5 unused vacation days may be carried over to the next calendar year, but no more than 15 vacation days can be accumulated at any one time. Accumulated vacation time will be compensated upon resignation or termination. Part time employees working more than 30 hours a week are entitled to vacation benefits in a percentage proportionate to their full time equivalent. For example, an employee working 30 3 hours a week would receive 75% (30/40=75%) of the vacation time provided to a full time employee. Those working 30 hours or less a week are not entitled to vacation benefits. All vacation must be scheduled in advance and approved by (physician/clinic manager name). Holidays Paid holidays include New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Any additional days off during a national holiday (i.e., a 3 or 4-day weekend during Thanksgiving or Christmas) are at the discretion of (physician/clinic manager name). Part time employees are paid only for holiday hours that fall on their regularly scheduled workdays. Benefits (CLINIC NAME) provides the following benefits to our employees: health insurance coverage for the employee, workers’ compensation, 401(k) retirement plan and a profit-sharing plan (eligible after one year of full time employment), membership to a discount buying club, free parking, reduced rate mobile telephone contracts and other intrinsic benefits. Additional information on (CLINIC NAME) benefits may be obtained from (physician/clinic manager name). Recording Your Time/Overtime We do not punch a time clock, but each non-exempt employee is furnished with a time sheet on which they are to record hours worked. This is to be turned in to (physician/clinic manager name) at the end of each pay period. Please abide by our rule that overtime is counted in 30minute increments. In other words, if you report for work at 7:55 a.m., or leave at 5:05 p.m., this is not considered overtime. However, to compensate for such eventuality, if you must work 25 minutes overtime, this may be counted as a 30-minute increment. By accepting employment in this office, it is understood that there may be times when you will be needed to work overtime. We try to accomplish our week's work in 40 hours, but if emergencies arise that necessitate overtime, such hours must be approved in advance by (physician/clinic manager name) before you do the work. Any overtime hours accumulated are to be noted on your time sheet. All overtime hours will be paid at 1.5 times regular hourly rate at the end of the next pay period. Part time employees may be paid for hours worked beyond their regular workweek (up to 40 hours) at the discretion and approval of (physician/clinic manager name). Personal/Sick Leave All employees are entitled to 2 days of personal leave and 10 days sick leave each calendar year. Sick days can be used as days of illness or when you or a family member has a doctor's appointment. Personal leave should be used for personal business and must be scheduled in advance with (physician/clinic manager name). A total of 5 unused sick leave days may be carried over to the next calendar year, but no more than 15 sick leave days can be accumulated at any one time. 4 If an employee should encounter extenuating circumstances involving illness/injury, (physician/clinic manager name) may consider leave without pay. Sick leave can be used only for you or a family member’s sickness or injury and is not otherwise compensated. Personal days do not carry over to the next calendar year and are not otherwise compensated. Part time employees working more than 30 hours a week are entitled to receive sick leave at a percentage proportionate to their full-time equivalent. Termination of Employment If you wish to terminate your employment with (CLINIC NAME), we ask that you give us no less than two-week's notice of your intention. On the other hand, if we decide to terminate your employment, we will grant you the same courtesy, or pay you two week's salary in lieu of notice. In case of dismissal for misconduct, insubordination or flagrant disregard of the necessary rules and regulations of employment herein described, the employee forfeits all rights to severance pay. Loyalty (CLINIC NAME) expects its employees to devote their full time and best efforts to the performance of their employment with our practice. During full time employment at (CLINIC NAME), the employee shall not at any time or place or to any extent, either directly or indirectly, engage in any employment or any other activity that is competitive with or interferes with the employee’s work at (CLINIC NAME). This does not prohibit the employee from the making of passive, personal investments or the conduct of a private business solely on the employee’s own time; provided it is not competitive with the business of the clinic. Employees shall disclose to (physician/clinic manager name) any potential conflicts of interest due to other work interests. Illness Although illness is usually unforeseeable, if you find that you are unable to work for such reason, notify (physician/clinic manager name) as soon as possible, preferably the evening before the next workday. If you are unable to reach (physician/clinic manager name) that morning, leave a message explaining your problem on the clinic answering machine before 7:00 AM. Please follow this policy as a courtesy for your fellow workers. (Physician/clinic manager name) may require proof of illness from a physician if absenteeism is excessive or repetitive. Continued, unexcused absenteeism may be cause for dismissal without notice. Coffee Breaks Although no formal "coffee breaks" are scheduled, you may take a 15-minute respite from your work two times a day in order to continue your tasks refreshed. However, this does not mean that you may stop to chat with other employees when, by so doing, you will interrupt them in their work. 5 Weather Events Occasionally, the weather in Texas is such that driving to work may endanger the life of the employee and others. The guideline to follow when deciding whether or not to come to the office should be whether or not the local public school system is open, has delayed opening or is closed. If the school is closed because of weather, please stay at home until contacted by (physician/clinic manager name). In addition, (physician/clinic manager name) will try to contact all staff members before it is time to leave for work. Professional Conduct (CLINIC NAME) has the right to expect you to be present and ready to work at the beginning of each day. Promptness in reporting to work is essential. Warnings about excessive tardiness and absenteeism will be put in writing for you to sign and placed in your personal file. Be aware that absenteeism and tardiness can be cause for dismissal. If you expect to be more than ten minutes late for work, phone (physician/clinic manager name) to explain the reason. Do not leave word with any other employee. Employees are expected to treat co-workers courteously and to not engage in discrimination in any fashion. It is expected that your personal life will be left outside this office. A spirit of friendliness and cooperation is a must in a small office such as (CLINIC NAME). Also, if we disagree, we do so agreeably. Employees are discouraged from solicitation (without prior approval of (physician/clinic manager name)) of other employees within the office. No employee, during regular business hours, shall give a personal oral or written endorsement to any company or representative for any product that may be offered to sale to patients or the public. Telephones Although a short personal phone call may be necessary at times, these must be limited - in number as well as in time consumed. The (CLINIC NAME) toll free line is not to be given to friends and relatives for your personal use. Employees are prohibited from making personal, long distance calls on the clinic phones. Dress Policy As an employee of (CLINIC NAME), we expect you to present a clean and professional appearance when you represent us during normal work hours, whether that is in or outside of the office. Choose business clothing that communicates professionalism. If you have a meeting scheduled with patients, visitors or outside vendors, you need to wear customary business attire. Clothing should be clean, not excessively worn or faded and without holes or frayed areas. Fridays are casual dress day at (CLINIC NAME). Jeans and casual shirts may be worn. Inappropriate attire includes sweatpants, shorts, bib overalls, spandex, lycra or other form-fitting pants and jeans. Please avoid tank tops, tube tops and shirts with inappropriate messages/graphics. Advancement Advancement and rate of pay are based on demonstrated ability, experience, responsibility, punctuality, conduct and length of service. (CLINIC NAME) employees may be evaluated on an 6 as-needed basis, but at least on an annual basis to determine if goals and work expectations are being achieved. Confidentiality & Ethics Rules of confidentiality apply in this office. The business of this practice, or information concerning any of its patients, are not to be discussed outside this office. Although our office "code of ethics" is not printed in so many words, it is expected that good sense will dictate what constitutes bad ethics in relation to this practice. Unauthorized release of information about a (CLINIC NAME) patient is grounds for discipline or dismissal. Remember at all times that you are working for professional people whose ethics must be above reproach and so must yours! Drug Free Environment (CLINIC NAME) takes seriously the problem of drug and alcohol abuse by its employees and is committed to providing a drug free workplace. Drug and alcohol abuse can be a dangerous problem in the workplace. This policy applies to all employees of (CLINIC NAME), without exception, including part-time and temporary employees. No employee is allowed to consume, possess, sell or purchase any alcoholic beverage during regular business hours on any property or in any vehicle owned or leased by (CLINIC NAME). Exceptions to the alcohol policy on (CLINIC NAME) property are limited to reasonable social consumption of alcohol in conjunction with any work-related function, social engagement or other activity that has been approved by (physician/clinic manager name). No employee may use, possess, sell, transfer or purchase any illicit drug or controlled substance which may alter an individual’s mental or physical capacity during regular business hours on any property or in any vehicle owned or leased by (CLINIC NAME). The exceptions are legal drugs that have been prescribed to that employee by a physician and are being used in the manner prescribed. (CLINIC NAME) will not tolerate employees who report for work while impaired by use of alcoholic beverages or drugs. All employees should report evidence of alcohol or drug abuse to (physician/clinic manager name) immediately. In cases where the use of alcohol or drugs poses an imminent threat to the safety of persons or property, an employee must report the violation. Failure to do so could result in disciplinary action for the non-reporting employee. Employees who violate the Drug Free Policy will be subject to disciplinary action, including termination. It is our policy to assist employees and family members who suffer from alcohol or drug abuse. You may be eligible for a medical leave of absence and we encourage any employee with a problem to contact their physician. An employee arrested or convicted (including a plea of nolo contendere) of violating any criminal drug statute must notify (physician/clinic manager name) in writing within five (5) days of each arrest or conviction. It is a condition of your continued employment with (CLINIC NAME) that you comply with the Drug Free Environment policy. Nothing in the drug free environment policy shall be construed to alter or amend the at-will employment relationship between (CLINIC NAME) and its employment. 7 Sexual Harassment (CLINIC NAME) will not tolerate any type of sexual harassment in our work place. Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. The Equal Employment Opportunity Commission (EEOC) has defined sexual harassment as: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when (1) submission to or rejection of this conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Conduct of a sexual nature includes: (1) unwelcome physical contact such as touching, kissing, etc.; (2) verbal conduct such as lewd comments, sexual jokes, etc.; (3) visual conduct such as the display of pornographic photographs; (4) inappropriate compliments or terms of endearment such as “honey” or “sweetheart”. It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. Any sexual harassment grievance should be reported immediately to (physician/clinic manager name). Every complaint will be taken seriously and investigated as quickly as possible. All employees have the right to report sexual harassment without fear of reprisal. All individuals involved in a sexual harassment complaint will have the opportunity to give a full account of their recollections of the incident(s). The first time a (CLINIC NAME) employee is found to have violated the EEOC sexual harassment definition, an oral warning requesting that the unwelcome conduct cease immediately will be given to the harasser in addition to any of the possible sanctions listed below. A second, substantiated violation of the rule will result in immediate sanctions from (CLINIC NAME). Should sexual harassment be alleged against the physician or clinic manager, the employee should report the complaint to the Equal Employment Opportunity Commission (EEOC). Possible sanctions for a person found guilty of behavior in violation of this policy include but are not limited to the following: Oral or written reprimand, placed in personnel file Required attendance at a sexual harassment sensitivity program at the employee’s expense an apology to the victim oral or written warning loss of salary or benefit removal from current position or change of job duties fine demotion suspension, probation, termination, dismissal or expulsion 8 (CLINIC NAME) will strive to protect, to the greatest extent possible, the confidentiality of persons reporting harassment and of those accused of harassment. Because the (CLINIC NAME) has an obligation to address sexual harassment, the (CLINIC NAME) cannot guarantee complete confidentiality where it would conflict with the (CLINIC NAME) obligation to investigate meaningfully or, where warranted, take corrective action. Even when some disclosure of the (CLINIC NAME) information or sources is necessary, it will be limited to the extent possible. The (CLINIC NAME) will, to the extent permitted by law, keep confidential all records of complaints, responses and investigations. The records will be maintained by (physician/clinic manager name). If the employee wants to discuss possible harassment in a more confidential setting or clarify their feelings about whether and how to proceed, they should consult a psychologist, social worker, therapist or member of the clergy, who is permitted by law, to assure greater confidentiality. Accusations of sexual harassment and related retaliation are of utmost seriousness and should never be made casually and without cause. This policy shall not be used to bring false, frivolous or malicious charges of sexual harassment against (CLINIC NAME) patients, staff, visitors or administrators. Disciplinary action concerning personal misconduct will be taken under the sanctions listed in this section against any person making an intentionally false, frivolous or malicious accusation of sexual harassment or related retaliation. At any point in the (CLINIC NAME) sexual harassment procedure, the employee who has been harassed, has the right to contact the U. S. Equal Employment Opportunity Commission [800/669-EEOC] for additional assistance. Internet and E-Mail Usage E-mail and Internet usage have become a necessity of doing business in this electronic communications age. (CLINIC NAME) has both an internal computer network (Intranet) and connection to outside networks (Internet). The following principles govern your usage of the (CLINIC NAME) e-mail and Internet systems: All hardware and software used in the e-mail and Internet system are the property of (CLINIC NAME) and are to be used for business purposes only. Personal use of the (CLINIC NAME) external e-mail system is prohibited during regular business hours. Use of (CLINIC NAME) property for personal, non-business use could be subject to discipline up to and including termination. Failure to adhere to these rules will be considered an infraction of (CLINIC NAME) policy and will be handled under the (CLINIC NAME)’s disciplinary system. (CLINIC NAME) reserves the right to periodically monitor the hardware, software and employee electronic communication archives to ensure that usage of the e-mail and Internet system is for legitimate business purposes only. E-mail communications will be treated the same as hard copy documents that have been retained as part of the association’s documentretention policy. Employees using passwords should be aware that the (CLINIC NAME) might override passwords or codes. All personal codes or passwords must be disclosed to (physician/clinic manager name) to facilitate access. 9 Employees using the e-mail system must conduct themselves in accordance with all workplace rules and refrain from using profane, harassing, defamatory or threatening language in e-mail communications. There is no expectation of privacy regarding e-mail communications sent or received using the e-mail system. No confidential information will be sent over the e-mail system. All messages are the property of (CLINIC NAME) and may be archived. (CLINIC NAME) employees are prohibited from installing personal software on any (CLINIC NAME) computer without the permission of (physician/clinic manager name). AIDS/HIV It is (CLINIC NAME) policy to provide equal access to employment for individuals with disabilities. Individuals with AIDS and individuals who are HIV positive are entitled to protection under state and federal laws against discrimination. (CLINIC NAME) will treat employees with this disability as it would any other employee with a chronic disease. According to the U.S. Surgeon General’s Report, the AIDS virus is not transmitted by: *Coughing *Casual contact *Shaking Hands *Tools, machinery *Office Supplies *Office Equipment *Sharing restroom facilities *Sneezing *Food Utensils *Insect Bites *Telephones *Air *Water *Drinking from the same glass The typical business setting poses no measurable risk for contraction of the AIDS virus. AIDS is not casually transmitted. According to medical authorities, including the Surgeon General, AIDS is contracted by intimate sexual contact, exchange of blood products and mother to infant contact during pregnancy or delivery. (CLINIC NAME) does not test employees for the AIDS virus and will maintain in the strictest confidence, all medical records and information of any employee with this or any other disability. General Policies Personnel Records - It is important that the personnel records of (CLINIC NAME) employees be accurate at all times. In order to avoid issues or having W2’s returned, (CLINIC NAME) expects that employees will promptly notify (physician/clinic manager name) of any change in name, home address, telephone number, marital status, number of dependents or any other pertinent information that may change. Tobacco Usage - (CLINIC NAME) endeavors to provide a healthy environment for its patients, staff and visitors, therefore the use or consumption of any form of tobacco on (CLINIC NAME) property, in (CLINIC NAME) vehicles and at (CLINIC NAME) events is prohibited. Bereavement Leave - (CLINIC NAME) allows up to three (3) days off per year, with pay, for a death in your immediate family which includes parents, spouse, children, brothers, sisters, mother-in-law, father-in-law, grandparents or grandchildren. You may request additional days, which must be approved by (physician/clinic manager name). If additional days are approved, they may be taken from any accrued vacation or sick leave that is available; otherwise, the additional days will be unpaid. Funeral leave for death other than immediate family must be 10 approved by (physician/clinic manager name) and may be taken from vacation or personal days; otherwise, the time will be unpaid. Jury Duty – (CLINIC NAME) supports employees called to fulfill their civic duty to serve jury duty when called. You must provide (physician/clinic manager name) with a copy of your jury summons as soon as possible upon receipt of the summons. Your regular salary will continue as before jury duty for each day served, up to 40 hours per week. If you are released from jury duty with at least four (4) hours remaining in your workday, you should return to work for the remainder of the day. When you return to work upon completion of your service, you will provide (physician/clinic manager name) with verification from the court of the number of days you served on the jury. Reimbursable Expenses – (CLINIC NAME) will reimburse you for any purchase made for the clinic with personal funds with the prior approval or direction of (physician/clinic manager name). Mileage, at the rate approved by the (CLINIC NAME), will be paid for your use of your personal car on (CLINIC NAME) business. Travel should always be by the most direct route possible. When traveling out of town to conduct (CLINIC NAME) business, receipts are required for all reimbursable expenses which include, but are not limited to lodging, meals, taxi/shuttle fares, parking, highway/bridge tolls and tips. Reimbursement for expenditures such as room service, laundry/dry cleaning, movies and other entertainment will not be allowed. In the event of a lost or no receipt for which a duplicate cannot be obtained, a sworn statement may be submitted. When traveling on (CLINIC NAME) business, it is expected that conservatism and good judgment will be exercised in the choice of lodging and eating places. You may be reimbursed by providing (physician/clinic manager name) with an invoice that provides your destination, mileage and any other expenses. 11 Employee Copy I have read the (CLINIC NAME) Employee Handbook and reviewed the rules and regulations with the (physician/clinic manager name). "I understand and agree that my employment is on an at-will basis and that no provision contained in an employee handbook, administrative manual or similar information furnished to me creates an employment contract, and further that my employer has the right to change or modify such provisions at any time and without prior notice." Employee Signature Date (Physician/Clinic Manager Signature) Date 12 (CLINIC NAME) COPY – TO BE PLACED IN THE EMPLOYEE’S FILE I have read the (CLINIC NAME) Employee Handbook and reviewed the rules and regulations with (physician/clinic manager name). "I understand and agree that my employment is on an at-will basis and that no provision contained in an employee handbook, personnel manual or similar information furnished to me creates an employment contract, and further that my employer has the right to change such provisions at any time." Employee Signature Date (Physician/clinic manager signature) Date 13