Advocacy and
Resource Center
SDS
Employee Handbook
2014
1
Reference Inquiries & Verification of Employment ..... 20
Dress Code ................................................................... 21
Schedule Adjustment .................................................... 22
Outside Employment .................................................... 22
Correspondence ........................................................... 22
Sales and Solicitation ................................................... 22
Use of Agency Telephones ........................................... 22
Use of Cell Phones/Electronic Devices ........................ 23
Internet and Social Media ............................................ 23
Driving for Business Purposes ..................................... 23
Vehicular Accidents ..................................................... 23
Use of Agency Equipment ............................................ 24
Safety and Health ......................................................... 24
Physical Examinations ................................................. 24
Reporting of Injuries .................................................... 25
Emergency Closings ..................................................... 25
Emergency Evacuation Plan ........................................ 25
Fire Arms/Weapons ...................................................... 25
TABLE OF CONTENTS
A MESSAGE TO STAFF .......................................................4
VISION STATEMENT ...........................................................4
MISSION STATEMENT ........................................................4
GUIDING PRINCIPLES.......................................................5
ORIENTATION TO THE AGENCY...................................5
RESPONSIBILITY OF OUR STAFF MEMBERS ............5
DEFINITIONS ....................................................................5
Agency: ...........................................................................5
Orientation Period: ........................................................5
Benefit Date: ..................................................................5
Accrual Date: .................................................................6
Board of Directors: ........................................................6
Executive Director ..........................................................6
: ......................................................................................6
CLASSIFICATIONS OF EMPLOYMENT ......................6
Open Door Policy...........................................................7
Criminal Background Checks.........................................7
Exclusion Checks ............................................................7
Compliance Responsibilities ..........................................8
Union Free Environment ................................................9
Employee Conduct (Code of Conduct) ...........................9
Relationships between Employees ................................ 10
and Service Recipients..................................................10
Requests for Information from the News Media and
Outside Sources ............................................................ 11
Equal Employment Opportunity ...................................11
Harassment...................................................................12
Alcohol, Drugs and Controlled Substances ..................12
Driving Record and DWI/DWAI/DUI ..........................13
Driving Abstracts .........................................................14
Employment of Related Individuals .............................. 14
Tobacco Free Agency ...................................................14
Agency Training ...........................................................15
Modified Duty Policy....................................................15
Life Threatening Illnesses.............................................15
Infectious Diseases .......................................................15
Conference Attendance.................................................15
Reimbursable Expenses ................................................16
Wage and Salary Administration..................................17
Wage Garnishments .....................................................17
Hours of Work .............................................................. 17
Overtime .......................................................................17
Time Change ................................................................ 17
Attendance ....................................................................18
Pay Periods ..................................................................18
Timesheets ....................................................................18
Job Description ............................................................ 19
Performance Evaluations .............................................19
Confidentiality .............................................................. 19
Personnel Records ........................................................20
MISCELLANEOUS POLICIES ........................................ 26
Stolen/Damaged Property ............................................ 26
Lost and Found ............................................................ 26
Incident Reporting ....................................................... 26
Bulletin Boards ............................................................ 26
Volunteerism ................................................................ 26
STATUS CHANGE ............................................................. 26
Hiring/Job Postings ..................................................... 26
Transfer ........................................................................ 27
Resignation .................................................................. 27
Retirement .................................................................... 28
Exit Interview ............................................................... 28
Re-employment ............................................................. 28
Employee Status Change .............................................. 28
EMPLOYEE DISCIPLINE ................................................ 29
Warnings ...................................................................... 29
Demotion ...................................................................... 29
Suspension/Suspension Pending Investigation ............ 29
Termination .................................................................. 30
Grievance Procedure ................................................... 30
CAFETERIA PLAN ............................................................ 32
Administration During Periods of Disability ............... 32
Health, Dental and Vision Insurance ........................... 33
Flexible Spending Accounts ......................................... 33
Term Life/Accidental Death and .................................. 33
Dismemberment Insurance........................................... 33
Cancer Insurance ......................................................... 33
Consolidated Omnibus Budget Reconciliation Act
(COBRA) ...................................................................... 34
ADDITIONAL BENEFITS ................................................. 34
Retirement Plan............................................................ 34
Unemployment Compensation Insurance..................... 34
Disability Insurance ..................................................... 34
Long Term Disability Insurance .................................. 35
Worker’s Compensation Insurance .............................. 35
Tuition Reimbursement ................................................ 35
2
Employee Appreciation Award .....................................36
LEAVE POLICIES .............................................................. 36
Sick Time ......................................................................36
Vacation Time .............................................................. 37
LEAVE OF ABSENCE POLICIES....................................38
Family/Medical Leave Act of 1993............................... 38
Military Leave .............................................................. 40
Educational and Personal Leaves ................................ 41
3
A Message to Staff
VISION STATEMENT
The purpose of this handbook is to provide staff with
guidelines for fulfilling their responsibilities to the
Agency and the individuals we serve.
The Advocacy and Resource Center will be recognized
regionally as a premier human service agency that is
characterized by effective management and is
consistently focused on providing comprehensive
supports and services to people with developmental and
related disabilities, and their families. The community,
but especially families and service recipients of service
view the agency as an outstanding asset to the Clinton
County community that is valued for its expertise in
providing readily accessible, high quality services on a
consistent and long term basis.
As a large Agency with several hundred employees, it is
essential that we have standards and clearly stated
expectations. Some may view standards as restrictive,
however, the intent of these standards is to provide
guidance to staff so that the best quality of services are
available to the individuals we serve and to allow staff
to excel in the field to which they have dedicated
themselves.
The development of all services will be based upon the
talents, dreams, wishes and desires of the service
recipient. Implementation of services will take place in
an individualized environment which supports dignity of
risk and choices while also affording an acceptable level
of oversight and protection.
Furthermore, this booklet serves as a guideline to inform
you of benefits that are available to our employees. We
have made every effort to provide a working
environment and benefit package within the confines of
monies available to us through our funding sources.
This handbook reviews the Personnel Policies and
Procedures of the Advocacy and Resource Center This
handbook is an abbreviated version of the Personnel
Policies and Procedures, which have been adopted by
the Advocacy and Resource Center’s Board of Directors
The future we envision is one where all people with
disabilities are active community participants, and are
accepted in all aspects of community life. Each person’s
quality of life will be enriched through their engagement
in personally meaningful activities, and the formation of
sincere relationships in the community.
This handbook is not intended to be a contract of
employment between the Agency and its employees and
may be altered or eliminated at any time without notice
of impending change. Nothing contained in this
handbook shall create a contract of guaranteed
employment. Under New York State law, the employeremployee relationship is termed “employment at will”
which means that either the Agency or the employee
may terminate the relationship at any time for any
reason.
Service recipients of services will live their lives in a
world that will value them for their contributions rather
than focus on their disabilities. From this recognition
will come community acceptance, development of selfworth and enhanced quality of life.
MISSION STATEMENT
The Advocacy and Resource Center exists to advocate
for, empower, and support residents of Clinton County
with developmental and related disabilities toward the
attainment of a quality of life of their choice which
embodies the following ideals:
Completion of the Agency’s orientation period does not
change an employee’s status as an employee at will.
The at-will nature of the employment relationship does
not mean that the Agency endorses arbitrary, capricious
or discriminatory treatment of any employee.
•
If you have any questions or need clarification on any
issue, you are encouraged to ask questions of your
supervisor or the Human Resources Department.
•
Your comments and suggestions with regard to our
Agency and our work environment are welcome
•
4
Individualization of services which considers
the service recipients capabilities, creativity and
choices within an appropriately balanced
framework of safeguards and risk.
Engagement in personally meaningful and
fulfilling activities throughout the various
aspects and phases of their life
Formation of sincere relationships in the
community
•
Active participation and acceptance as a
contributing and valued member of the
community
ORIENTATION TO THE AGENCY
The standard agency orientation period will last for 180
days, unless extenuating circumstances dictate an
extension of this period. Anyone not successfully
completing their orientation period due to work
performance or inappropriate conduct will be terminated
from employment. Should an orientation period be
interrupted due to unforeseen circumstances, such as
military leave, the employee will resume their
orientation period upon their return. In all cases, the
orientation period will not be less than 180 days.
GUIDING PRINCIPLES
•
•
•
•
•
•
•
•
•
•
•
•
•
Through family education and participation, strong
support and appreciation of services will evolve;
Consistent utilization of excellent human resources
management practices;
Retention of a dedicated and well-trained staff who
are valued for their contributions;
Dignified and respectful treatment, by all staff, of
service recipients and their families, of co-workers,
and members of the community;
Development of cooperative and collaborative
relationships with other community agencies and
resources;
Provision of a broad spectrum of services which
address the needs which exist in the community;
Maintenance of financial stability of the agency
through exceptional fiscal and asset management
policies and practices;
Acknowledgement of a work environment which
eliminates the need for third party intervention;
Development of lasting relationships which are built
upon service recipient satisfaction and trust;
Provision of effective advocacy at all levels;
Effective and consistent dissemination of accurate
and relevant information to the community regarding
all aspects of developmental and related disabilities,
and commit to reducing the incidence and limiting
the consequences of developmental disabilities;
Establishment of service environments, which quality
of service and compliance respect the service
recipient;
Professional standards and methods to measure
quality of service and compliance with performance
criterion from funding sources.
RESPONSIBILITY OF OUR STAFF
MEMBERS
All staff who are involved in the daily care and
programming of people receiving services are the first
personnel to notice if someone has a particular need,
whatever it may be.
It is the responsibility of all staff to relay information
about a service receipients needs in an accurate and
timely manner. No staff members should fear reprisal
for advocating the needed services or protection for a
someone. This is in keeping with our mission statement
and is part of the expectations of parents, families and
administration.
DEFINITIONS
Agency:
All departments, programs and facilities operated by
or under the auspices of the Clinton County Chapter,
NYSARC, Inc., dba Advocacy and Resource Center
Orientation Period:
A 180-day orientation period is provided to help staff
become better informed, adjust quickly to their job
and become aware of policies and procedures.
In recognition of the Advocacy and Resource
Center’s formation from a grass roots family
movement, the service recipient and their family
living in the Clinton County will be the center of
service planning and delivery.
With the
collaboration of additional stakeholders, which
include the Board of Directors and staff, each
individual served will be offered opportunities and
choices to enable them to realize their individual life
goals within the resources available to support these
outcomes.
Benefit Date:
Benefit date is the date that an employee commences
employment or re-employment with the Agency.
This date will be used for the eligibility of most
benefits. Retirement is based on an employee’s date
of hire with the Agency. Vacation is based on an
employee’s regular part or full-time date of
employment. All regularly scheduled part-time
employees that become full-time will have their
5
accrual date (for benefit calculation) based on the
date they become full-time.
CLASSIFICATIONS OF EMPLOYMENT
Employees, for the purpose of this handbook, will be
divided into the categories below. Generally speaking,
an employee will be broadly divided into two categories:
Accrual Date:
This date will be based on the date an employee
becomes full-time or part-time. Any employee
changing from part-time to full-time will have their
accrual date changed to their full-time date.
1. Day Program Staff: All staff working in the
Administrative Offices, Day Treatment, Sheltered
Workshop, Supported Work, Transportation, and
Waiver programs (ex. CSS).
Board of Directors:
The governing body of the Agency
Executive Director:
2. Residential Staff: All staff who work at the
Individual Residential Alternatives (IRA homes).
The Chief Administrator of the Agency
 Full-time employee: Has completed their first 180
days of employment with the Agency. Standard
workweek must be 35 regularly scheduled hours or
more.
 Part-time employee: Has completed their first 180
days of employment with the Agency. Standard
workweek must be no less than 20 and no more
than 34 regularly scheduled hours.
 Relief employee: Works in relief of regular staff on
an on-call, sporadic basis or works to fill
temporary needs within the Agency that do not
require a full-time position.
 Grant Project employee: All employment
conditions, salaries and benefits shall be subject to
the terms and conditions specified by the funding
source providing grant monies.
Temporary employee: Employment is specific to a
particular job assignment for a limited period of
time and on a fill-in basis. Job assignments may be
on a part-time or full-time basis.
6
EMPLOYMENT POLICIES
Open Door Policy
Exclusion Checks
The Agency has an open door policy at the heart of its
employee relations philosophy. This means that all
employees may discuss any problems/concerns or ask
any question of anyone in management (including the
Executive Director), starting with their direct supervisor
and following the lines of authority within the Agency.
It is the policy of the Advocacy and Resource Center not
to employ, contract with or otherwise do business with
any individual or entity excluded from participation in
federally sponsored health care programs, such as
Medicaid. To avoid affiliation with any such person or
entity, the agency has established the following
procedure.
It is essential that all employees have the fullest
opportunity to bring suggestions, questions and concerns
to the attention of the Agency. This has always been our
policy, but it is up to the employees to make it work.
Employees are always encouraged to send ideas,
suggestions and recommendations to their Supervisor or
someone else in Administration.
An exclusion check shall be performed for all applicants
for employment at the Advocacy and Resource Center as
part of the pre-employment background check. An
exclusion check is a search of (1) the U.S. Department
of Health and Human Services, Office of the Inspector
General (OIG) List of Excluded Individuals/Entities
(http://oig.hhs.gov/fraud/exclusions.gov); and (2) the
General Services Administration (GSA) Excluded
Parties List System (http://ww.epls.gov/) to determine if
an individual’s or entity’s name appears on either list.
The Agency believes that one of its most important
responsibilities is to maintain a flow of communication
to and from all levels of employees. On the one hand,
we expect employees to promote the interests of the
Agency and to keep informed about the Agency - its
progress, problems, policies and general information
which will affect each employee and their job. On the
other hand, we encourage employees to pass along to
their supervisor, their ideas and suggestions for
improvement and to express their opinion about the
Agency’s policies that affect them. Through this kind of
two-way communication, we can learn to improve the
Agency. We encourage all employees to regard their
supervisor as their main source of information and to
discuss problems with anyone in management in keeping
with the lines of authority.
If the Exclusion Check indicates that any individual is
an Ineligible Person (someone who is listed on either
list), the individual cannot be employed by the
Advocacy and Resource Center.
To protect the Agency against individuals excluded
subsequent to beginning their employment, an Exclusion
Check will be performed on all employees at least
annually. If it is determined that a current employee is
an Ineligible Person, the Agency shall immediately
terminate the employment of the individual.
Search results for Exclusion Checks shall be
documented and maintained by the Human Resources
Department.
Criminal Background Checks
A law enacted April 1, 2005 requires agencies like ours
to fingerprint prospective applicants and use those prints
to obtain a criminal history background check from the
New York State Division of Criminal Justice Services
(DCJS), and an FBI check. In order to implement the
requirements of the new law, the Agency adopts the
following policies and procedures.
All employees, applicable contractors and vendors have
a duty to report any action that would render that
individual or entity an Ineligible Person. If any Agency
employee, contractor or vendor is charged with a
criminal offense related to healthcare or is proposed to
be subject to debarment or exclusion from federal
programs, the individual or entity must be removed from
direct responsibility or involvement in any federally
funded healthcare program while the matter is pending.
If resolution of the matter results in conviction,
debarment, or exclusion, the Advocacy and Resource
Center shall immediately terminate its employment or
other contractual arrangement.
It is the policy of the Advocacy and Resource Center to
endeavor to provide a safe environment for our service
recipients. In the expectation that any staff member or
volunteer might have unsupervised contact with a
service recipient, all individuals being considered for
employment or service as a volunteer with the Agency
will be subject to criminal background checks.
7
Corporate Compliance topics as determined by the
Agency.
Compliance Responsibilities
You have the additional responsibility as an Agency
employee to report any event of fraud, waste, and/or
abuse that you suspect or have witnessed. To report
fraud, waste and/or abuse, please speak with your
supervisor,
contact
the
Agency’s
Corporate
Compliance Officer, or call the Agency HOT LINE
(324-6486) to anonymously make a report. You may
use whatever reporting method is most comfortable for
you to report the situation; you are not required to
follow the chain of command to report compliance
concerns. Failure to report any known or suspected
violations will result in disciplinary action, up to and
including termination from employment. The Agency
intends to protect anyone who engages in good faith
reporting of alleged non-compliance. Retaliation and
retribution are strictly prohibited.
The Advocacy and Resource Center and our employees
and contractors are required to comply with the Federal
False Claims Act, New York State False Claims Act,
and other similar false claims laws. One of the primary
purposes of false claim laws is to combat fraud and
abuse in government health care programs. False claim
laws do this by making it possible for government or
individuals acting on behalf of the government to bring
civil actions to recover damages and penalties when
healthcare providers submit false claims.
Examples of fraud or false claims include, but are not
limited to, providing inadequate or sub-standard care,
misrepresenting services which were provided, billing
for a service different than what was provided because
the rate is higher (up coding), billing for services not
actually provided or billing twice for the same service,
failure to act on information that a claim should not be
processed, falsifying records, making false statements to
governmental agencies about the Agency’s compliance
with any state or federal rules, making false statements
concerning the condition or operation of an agency’s
programs for which certification is required; repeatedly
violating the terms of a participating provider
agreement, and failing to refund overpayments made by
federal or state health care programs.
When reporting a potential False Claims Act violation
against the Compliance program has been made, or an
incident has been discovered, the Corporate Compliance
Officer or designee will initiate an investigation. The
investigation may consist of a documentation review and
a set of interviews with appropriate parties to determine
whether an Agency policy or government regulation has
been violated. Based upon the findings, the outcome of
the investigation may be that the charge is not sustained,
disciplinary action is imposed, employees are retained,
relevant billings are voided, Agency policies and/or
procedures are modified, and/or violations are reported
to a government entity. In addition to the required
reporting of all employees, the compliance program
conducts routine audits and reviews to ensure
compliance within all programs of the Agency.
Under the Federal False Claims Act, any person or
entity that knowingly submits a false or fraudulent claim
for payment by the government is liable for significant
penalties and fines (from $5,500 to $11,000 per false
claim, damages up to three times the amount of the
erroneous payment, and the costs of the civil action
against the entity that submitted the false claim).
You may also bring a civil action against the Agency on
behalf of the United States Government to recover funds
paid by the Government as a result of false claims. The
Advocacy and Resource Center will not retaliate against
any employee for participating in any legally protected
whistleblower activities including but not limited to
reporting false claims.
As an employee of the Advocacy and Resource Center,
you are acting in the capacity of an agent for the
organization. Therefore, you are required to truthfully
report your time worked and what you have worked on,
including such documents as time sheets, mileage
reimbursement forms, billing and progress notes, service
documentation
records,
and
other
Agency
documentation. Any employee, agent or contractor who
is found to have misrepresented information on Agency
documentation or violated our service delivery or billing
practices may be terminated from employment and
possibly be subject to criminal prosecution. As an
employee, you will be required to accept educational
information offered by the Agency and participate in
scheduled training on the False Claims Act and other
If you have any inquiries regarding the Agency’s
compliance program or if you would like a copy of the
Agency’s policy on the False Claims Act, or other
compliance program, or if you would like a copy of the
Agency’s policy on the False Claims Act, or other
compliance policies referenced above, specifically the
Reporting
Violations,
Non-Retaliation
Policy,
Responding to Compliance Violations, Investigations,
Corrective Actions Policy, Disciplinary Guidelines
8
Policy, and/or Auditing and Monitoring Policy, please
contact the Agency’s Corporate Compliance Officer.
- Notify the service recipient prior to the scheduled
reporting time if they are going to be late or absent.
(Pre-notice guidelines specific to each department
should apply.)
- Uphold the rights and respect the dignity and privacy
of individuals served by the Agency
- Perform their job duties in a professional, timely,
orderly and safe manner.
- Adhere to and support the policies, procedures and
goals of the Advocacy and Resource Center.
- Respect the privacy and rights of fellow employees
and the people we serve.
- Treat people served, fellow employees and visitors in
a courteous manner.
- Refrain from smoking in prohibited areas during all
working hours.
- Refrain from any action and avoid any kind of media
pronouncement which reflects adversely upon the
Agency.
- Wear suitable attire for the position they are in and
the work being performed.
- Maintain proper hygiene at all times.
- Not identify with the Agency if participating as a
member of any public group, or work in support of
any public issue unless authorized by the Agency. In
the absence of such authorization, participation is on
the employee’s own time and in their capacity as a
private citizen.
- Refrain from speaking to the news media as an
official spokesperson of the Agency unless there is
prior clearance from the Executive Director. All
inquiries from the news media should be referred to
the Executive Director or designee.
- Obtain prior clearance from the Executive Director if
asked by an outside agency or organization to appear
as a speaker or invited participant as a representative
of the Agency
- Refrain from accepting gifts of over a $25.00 value
from people served, their families and vendors with
contractual obligations. Any item believed to have
value in excess of $25.00 should be graciously
refused so that the gift cannot be construed to
compromise the employee’s objectivity in dealing
with their professional responsibilities.
Union Free Environment
Working Together
The Agency strives to maintain an excellent working
environment. We believe we have a good place to work,
and we hope to keep it that way. Our focus is on the
limitless needs of the developmentally disabled, but we
weigh carefully the needs of our employees.
We encourage you to express your problems,
suggestions and comments to us so that we can
understand each other better. We want communication
to be a two-way street. We will do our best to listen and
respond.
We strive for high standards of individual treatment and
respect for all employees. We would, therefore, like
your cooperation in helping us maintain a facility that is
union-free. We provide the best working conditions,
wages and benefits that we can afford given the funding
we receive from the State of New York. Union
representation would not guarantee that the State would
give us even one additional dollar of funding. For these
reasons, we do not believe it is necessary for you to pay
union dues to receive fair treatment and continue to
enjoy the benefits of working here at the Advocacy and
Resource Center.
Employee Conduct (Code of Conduct)
The Advocacy and Resource Center is represented by its
employees in a variety of ways. Employees are a
reflection of the Agency’s image and the services it
provides. All employees and volunteers are expected to
conduct themselves in a responsible and appropriate
manner. The Advocacy and Resource Center expects
employees and volunteers to exercise good judgment
and common sense.
The Rules of Conduct are a guide for employees and
volunteers to follow. The Agency reserves the right to
discipline employees for violations of these rules and for
violations not listed, but deemed to be inappropriate
behavior as employees of the Advocacy and Resource
Center. The Agency may discontinue a volunteer’s
services if found to have violated Agency policy.
Employees and volunteers (where applicable) are
expected to:
The following acts of gross misconduct cannot be
condoned and will lead to disciplinary action up to
and including termination without warning:
- Insubordination, to include but not limited to: not
following supervisor’s direction, not following
behavior plans, not following IPOP’s and
disregarding duties assigned to you.
- Report to their place of work at the designated time,
ready and prepared to work.
9
- Fighting, provoking a fight or intimidating staff,
people served or visitors.
- Unauthorized use of Agency food and gas cards.
- Theft, destruction, misuse or unauthorized use of
Agency, staff or persons served property.
- Excessive and/or unauthorized absenteeism.
- Sleeping while on duty.
- Driving an Agency vehicle or personal vehicle on
Agency business without a license or with a
suspended license.
- The use of any tobacco products anywhere while
being paid by the Agency.
- Failure to meet acceptable standards of work
performance.
- Unauthorized use of staff or persons served labor for
personal purposes.
- Sexual harassment.
- Disobeying any motor vehicle law, including but not
limited to speeding, using a cell phone while
driving, not wearing a seat belt, etc.
- Bias-related harassment.
- Service receipient abuse or neglect.
- Falsification of any Agency document or record: to
include but not limited to time sheets, monthly
summaries, daily documentation, data collection
sheets, mileage reimbursement forms, etc.
- Possession of, storage of or use of firearms,
fireworks or explosives on property leased or owned
by the Agency, this will include items located in
vehicles parked on Agency property.
- Selling, purchasing, possessing or consuming alcohol
or illegal substances on Agency property at any time
or anywhere while on duty or while using an Agency
vehicle.
- Reporting to work under the influence of alcohol or
illegal substances and/or use of alcohol or illegal
substances during work hours and/or work if their
ability to perform their job is impaired due to the use
of prescribed medication.
- Breach of confidentiality.
- Immoral or indecent conduct.
- Sexual contact or relationships between employees
and service recipients.
- Any act which violates federal, state or local laws.
- Conducting personal financial transactions with
persons receiving services.
- Any violation of the privacy, dignity and the rights of
the individuals we serve, including but not limited to
unauthorized distribution of photos and medical or
personal information, etc.
- Requiring individuals receiving services to carry out
the duties of employees unless such tasks are
described in the individual’s plan for services for the
purpose of increase their skills.
The above list is not intended to be all-inclusive. The
Human Resources Department must be consulted if
questions should arise concerning violations of the
Rules of Conduct.
Relationships between Employees
and Service Recipients
It is acknowledged that employees, by the very nature of
their work, are continuously placed in situations where
strong bonds and attachments are created with service
recipients. This is desirable in the sense that empathy
and compassion for the person can then be derived from
that relationship. This agency supports and encourages
those types of relationships. Any relationship between
the service provider and the service recipient that may
become intimate or lead to sexual contact are
inappropriate and, in fact, unethical and are strictly
prohibited. The following policy is designed to protect
service recipients from this type of a relationship.
All employees shall maintain an appropriate and
professional relationship at all times with all individuals
who receive services from the Agency. Employees are
prohibited from engaging in intimate or other
inappropriate relationships, under any circumstances,
either during or outside of work hours, with individuals
who receive services.
Any sexual contact between a person receiving services
and an employee is considered sexual abuse and is
prohibited and must be reported to the New York State
Justice Center. Sexual contact is defined as the
touching, kissing, or fondling of the sexual or other
intimate parts of a person for the purpose of gratifying
the sexual desires of either party. It also includes
causing a person to touch anyone else for the purpose of
arousing or gratifying personal sexual desires.
Sexual or other verbal harassment, threats, intimidation,
or disclosure of confidential information is also
considered abuse.
Sexual abuse or other types of abuse of a person
receiving services will be considered to be gross
misconduct which will result in immediate termination
of an employee.
All employees are required to report to the Program
Director, incidents in which they observe, are informed
of, or suspect that a person receiving services is
involved in an inappropriate or unprofessional
10
relationship with an employee as defined above. Failure
to report such incidents may also be considered abuse.
The Advocacy and Resource Center is also expanding its
efforts to identify and develop a broad range of applicant
sources and to promote a more effective use of such
sources in its employment activities. To achieve its
objectives, the Agency has undertaken a program of
affirmative action. As part of the program, the Agency
will continue to emphasize to its employees, applicants,
customers, vendors and others, that opportunities in this
Agency are made available on a non-discriminatory basis
and that employment and advancement within the Agency
are based upon individual merit and ability.
Requests for Information from the News
Media and Outside Sources
New program developments or issues related to program
participants may sometimes come to the attention of the
press or individuals outside the Agency. Staff may only
speak to the news media after having prior clearance
from the Executive Director. The public perception of
the disabled and the public perception of the Agency are
issues which must be carefully managed; therefore,
having one source of information for releasing
information is important in order to assure accuracy, yet
also to protect confidentiality.
The Human Resources Director is our Equal
Employment Opportunity Officer. Should any employee
have any question or problems relating to the Equal
Employment Opportunity Policy, he/she is encouraged
to discuss the matter with the Human Resources
Director.
All inquiries from the news media must be referred to
the Executive Director or designee.
The Affirmative Action Program is maintained in the
Human Resources office. Elements of the program are
available for review Monday through Thursday between
the hours of 9:00 a.m. and 4:00 p.m. and on Friday from
9:00 a.m. through noon.
Equal Employment Opportunity
As an employer, the Agency adheres to state and federal
laws, which prohibit discrimination in employment,
based on race, color, religion, sex, age, marital status,
national origin, disability or handicap.
The Agency selects and employs personnel on the basis
of criteria, which are essential to providing quality
services to the individuals it serves. We make every
effort to employ those most suited for the position.
Appropriate attention is given to each applicant's
education, experience; potential for growth and
development, as well as willingness and ability to work
with the individuals and families we serve.
The Advocacy and Resource Center has been and
continues to be an equal opportunity employer. It has
long been the policy of the Advocacy and Resource
Center to provide equal opportunity in all areas of
employment, including: recruiting, hiring, training,
transfers,
promotions,
compensation,
benefits,
demotions, terminations, layoffs, recall, and social and
recreational programs.
Any Agency employee who feels that they have been
subjected to discrimination by; other employees,
supervisors, managers, administrators, or directors of the
Agency are requested to report the incident or complaint
directly to their immediate supervisor. If the employee
does not feel comfortable discussing the matter with
their immediate supervisor, they may bring it to the
attention of other supervisors, managers and
administrators including the Human Resources
Department
All employment policies are administered without
regard to race, color, creed, religion, sex, national
origin, age, marital status, and disability or veteran
status. Our Agency also recognizes its responsibility to
reasonably accommodate qualified individuals, with a
disability who can perform the essential functions of the
job, unless such accommodation would create an undue
hardship on the Agency. All members of the Agency’s
management team are committed to the spirit and letter
of the Agency’s equal employment opportunity policy.
There will be no retaliation against any employee
exercising rights under this policy. Any employee found
to have violated this policy would be subject to
disciplinary action, including termination.
The Agency’s objective has always been to base
employment decisions solely upon job-related criteria.
The Agency aims to place employees in the positions for
which they are best qualified in light of their education,
experience, knowledge, skill and effort, so that they can
make the most effective contribution to our business and
achieve the greatest personal satisfaction.
11
Employees are expected and required to report to work
on time and in condition to perform the essential
functions of their job. It is our intent and obligation to
provide a drug-free, healthy, safe and secure work
environment. Reporting for work under the influence of
an illegal drug and/or alcohol is prohibited.
Harassment
The Agency does not and will not condone sexual
harassment on any level. Sexual harassment affects both
men and women, and may be in a variety of forms.
The Agency has established this strict policy prohibiting
unlawful harassment of employees, including implied or
expressed forms of sexual harassment. As used here,
sexual harassment means any verbal, written, visual or
physical act that is offensive in nature, intimidating,
unwelcome or that could reasonably be taken as
objectionable.
An employee who engages in any violation of these
rules is subject to disciplinary action, including
termination:
 Reporting to work under the influence of intoxicants,
drugs or controlled substances.
No supervisor shall threaten or insinuate, either
explicitly or implicitly, that an employee’s submission
to or rejection of sexual advances will in any way
influence any personnel decision regarding that
employee’s
employment,
evaluation,
wages,
advancement, assigned duties, shift, or any other
condition of employment. Furthermore, no employee
shall engage in any conduct, such as unwelcome sexual
comments or innuendoes, flirtations, advances or
propositions, physical or verbal sexual abuse, which
creates a hostile work environment.
 The use, possession, transfer or trafficking of
intoxicants, illegal drugs, or controlled substances in
any amount or in any manner (i) on Agency premises
or in Agency vehicles at any time, whether or not
performing Agency business; or (ii) while
performing Agency business anywhere, including off
Agency property. Any employee convicted of a
felony attributable to the use, possession, or sale of
intoxicants, illegal drugs, or controlled substances on
or off Agency property will be subject to disciplinary
action.
All employees are responsible for conducting
themselves in a manner that allows others to work in an
atmosphere free from sexual harassment. This includes
such actions as circulating leaflets with suggestive
drawings, jokes of an ethnic or sexual nature and
pictures with sexual content.
The Agency recognizes drug dependency as an illness
and a major health problem.
The Agency also
recognizes substance abuse as a potential health, safety,
and security problem. Employees needing help in
dealing with such a problem are encouraged to use the
health insurance plan available.
All employees have the right and may feel it appropriate
to inform any individual directly that they find their
conduct personally offensive and insist that the act case
immediately.
Employees are encouraged to discuss sexual harassment
complaints with their supervisor, the Human Resources
Office or any member of management. The Agency will
conduct a thorough investigation of the facts and take
appropriate disciplinary action up to and including
termination. No employee will suffer any adverse
employment action for reporting a claim of sexual
harassment. The rights of all parties involved will be
maintained during an investigation.
Any employee who is taking a drug or medication,
whether or not prescribed by the employee’s physician,
that may adversely affect that employee’s ability to
perform work in a safe or productive manner, is required
to report such use of medication to their supervisor. The
supervisor, in conjunction with the Human Resources
Department, will then determine whether the employee
can remain at work and whether any work restrictions
will be necessary.
When the Agency has a reasonable suspicion to believe
that an employee is violating any aspect of this policy,
they may be asked by the Agency to submit to a medical
examination and/or blood, urine or other medical tests.
Alcohol, Drugs and Controlled Substances
Employees must, as a condition of employment, abide
by the terms of the above policy and report any
conviction under a criminal drug statute for violations
occurring on or off Agency premises whether or not the
employee is conducting Agency business. A report of a
conviction must be made within five (5) days after the
The Agency has an obligation to its employees, service
recipients and the public at large to take reasonable steps
in assuring safety in the work place and residences.
12
conviction. (This requirement is mandated by the DrugFree Workplace Act of 1988.)
inappropriate for that person to operate a vehicle on
Agency business.
3. Accumulation of less than six “points” based on New
York State Department of Motor Vehicles infraction
point system. (This category may be remedied in
some cases upon successful completion of a remedial
or defensive driving course recognized by the New
York State Department of Motor Vehicles for point
reduction.)
Driving Record and DWI/DWAI/DUI
Due to the Agency’s concern for the safety of the
individuals it serves and the potential impact on its
insurance rates, any applicant or employee working or
seeking work in a position that requires driving may be
disqualified or disciplined due to violations of motor
vehicle laws.
4. Those employees who cannot reduce their
accumulated points to below the Agency maximum
of less than 6; within a 3-month period will be
demoted to a non-driver position until their abstract
meets Agency standards. A demotion in most
situations may involve a pay reduction as well. This
applies only to those positions where driving is
required.
A driver’s operating record would be considered
unacceptable for any of the following within the
preceding three (3) years based on conviction date:
1. Any one of the following serious violations:
 Driving under the influence of alcohol or drugs
(DWI)
Current employees may be suspended from transporting
service recipients and/or driving Agency vehicles in
accordance with the above standard. These restrictions
will remain in effect for up to three (3) years.
Employees may be terminated from employment due to
driving restrictions caused by driving violations at the
discretion of the Executive Director, if circumstances
and/or job duties dictate.
 Driving while ability is impaired by alcohol or
drugs (DWAI)
 Driving under the influence of alcohol or drugs
(DUI)
 Hit and run.
 Failure to report an accident.
 Negligent homicide arising out of the use of a
motor vehicle.
 Using a motor vehicle for the commission of a
felony.
 Operating during a period of suspension or
revocation.
 Operating a motor vehicle without owner’s
authority (grand theft).
 Permitting an unlicensed person to drive.
 Reckless operation.
 Speed contest.
2. A combination of accidents and moving violations,
which in the opinion of the Agency, indicates it is
13
If a supervisor and a subordinate employee from the
same department or office begin dating, decide to marry
or are related, the Agency reserves the right to transfer
one of the employees to another department in order to
preserve the best interests of all employees.
Driving Abstracts
In order to assure the safety of service recipients and to
assure protection to the Agency from undue liability, all
staff members who drive any vehicle to perform Agency
functions will be required to have driver abstracts run
twice per year.
If personal relationships interfere with job performance
or departmental functions, transfers will be considered
after discussions with all parties have occurred.
Abstracts that do not meet Agency standards will be sent
to the appropriate Program Manager who will then refer
it to the Executive Director.
No employee shall hire, supervise or evaluate an
immediate relative, significant other or member of the
same household. Separate sites within the Residential
Program qualify as separate programs/departments.
Staff deemed not suitable as per Agency policy to drive
on behalf of the Agency as a result of information made
available in the abstract will be dealt with as per policy.
Staff found not to have reported a conviction for DWI or
the loss of a license (please see prior policy) will not be
eligible for continued employment.
Tobacco Free Agency
In the interest of providing a safe and healthy
environment for employees, individuals receiving
services, volunteers and visitors, the use of tobacco is
prohibited on all Agency properties.
Employment of Related Individuals
It is the Agency’s policy to avoid injecting family
relationships, or other relationships that may interfere
with work performance, into the workplace.
This policy applies to all persons, including employees,
volunteers, visitors, contractors, subcontractors, vendors
and others in Agency facilities, parking lots and all
owned and leased facilities and vehicles. Visitors to
Agency facilities should be informed of the policy and
politely reminded that the Agency is tobacco free.
More than one family member or significant other may
work for this Agency, but not in the same
program/department. Significant other is defined as
someone with whom an employee may have a close
personal relationship, whether or not living together. No
immediate relative or significant other of an Advocacy
and Resource Center Board Member, Administrative
Director or Program Director may be hired for full- or
part-time employment in any of the Chapter programs.
Immediate relative for
Individuals as defined as:
Employment
of
Service recipients who live in a residential home may
smoke at their place of residence. However, they must
do so outdoors, in the restricted area provided for that
use.
Employees will not be permitted the use of any type of
tobacco product during paid work time both on and off
Agency property; this would include personal vehicles
as well as Agency vehicles.
Related
Grandparents
Parents/Step-Parents/Foster-Parents
Spouse
Siblings/Step-Sister/Step-Brother
Children/Step-Children
Children-in-law
Grandchildren
Mother-in-Law
Father-in-Law
Brother-in-Law
Sister-in-Law
Cousin
Niece/Nephew
Aunt/Uncle
Any complaint or conflict about enforcement or
compliance should be brought to the attention of the
appropriate Program Director, and if necessary, referred
to the Executive Director for a final decision.
The right of a nonsmoker to smoke-free air will prevail
over an employee’s desire to smoke. All employees are
entitled to a smoke-free work place.
Standard rules of progressive discipline may be used in
order to ensure compliance with this policy.
14
Agency Training
Life Threatening Illnesses
The Agency views in-house training as a vital means of
keeping staff updated in Agency policies and practices.
The field of MR/DD has ever changing
rules/regulations, and staff need to keep abreast of new
changes/developments in the field. Regulatory agencies
require that program staff receive the proper training in
various topics related to service recipient care and
programs.
The Agency recognizes that employees with illnesses or
disabilities, including, but not limited to, cancer, heart
disease, ALS and AIDS, may wish to continue to
perform their normal job duties as long as their medical
condition permits. In support of this, the Agency will
make a reasonable effort to accommodate any employee
with a life threatening illness or disability as long as the
staff member is able to meet acceptable performance
standards and medical evidence indicates that their
condition is not a threat to themselves or others.
All new CSS employees receive a packet of training
materials required for their specific program. All
training must be completed prior to starting work. All
training materials must be completed and sign-off forms
and checklists returned to the Human Resources
Department within 5 days of an employee’s hire date.
Failure to return the required materials will result in
termination of employment.
All employees are entitled to use available medical leave
and benefits consistent with the policies set forth in this
handbook.
Where staff are exposed to individuals who may be
suffering from a contagious disease, they will be
provided with the necessary training and protective
devices to prevent transmission of the disease. Where
the employee is provided with the requisite barrier
precautions, training and working environment to
prevent transmission, the employee may not refuse to
work.
Employees will also be required to complete refresher
training and any additional hours of on-going training as
required on an annual and or bi-annual basis.
Modified Duty Policy
All discriminatory and negative bias activity on the part
of staff to co-workers or service recipients is prohibited
and is to be referred to the immediate supervisor,
Program Director, Human Resources or the Executive
Director immediately.
The modified duty policy enables employees to work
who are temporarily unable to perform the full scope of
their regular job classifications due to:
a. work related injury;
b. off-the-job injury; or
Infectious Diseases
c. impaired health resulting from surgery or illness.
Employees will receive training, which will include
topics such as HIV and AIDS Transmission, Universal
Precautions, Implications for OMRDD and Individuals
Receiving Services and Confidentiality
The Agency will accommodate modified duty
requirements on a temporary basis set forth by a
physician, if reasonable and/or available. The Agency
cannot guarantee that an employee would work the same
shift; however, the same hourly rate would be paid.
Modified duty assignments may be limited.
An employee who receives HIV related information on
an individual receiving services or an employee is
prohibited from disclosing that information unless State
Health Department approval is granted. For further
information, see Policies and Procedures, Infection
Control section, General Principles of Infection Control,
Topic 307.4.3.
The employee will be required to inform Human
Resources of their medical progress on a weekly basis.
Physician’s statements will be required every six (6)
weeks.
Conference Attendance
At times, it is necessary to have staff members attend
local and non-local conferences pertinent to their job
position for updates in their field.
15
 Reimbursement for use of Personal
Telephone
Prior approval must be obtained from the service
recipient, CSS Coordinator and Executive Director. The
cost of the conference, mileage and meals, if
appropriate, will be written into the service recipient’s
contract and reimbursed by the Agency. Receipts are
required for all expenses. Persons attending conferences
may be asked to provide information or training to
fellow staff upon their return from the conference.
The Agency will reimburse employees for necessary
business use of the employee’s home phone if written
into the CSS Plan. The reimbursement will be made
with the following provisions:
1. Phone bill with the number called, person
contacted, reason for call and charge.
Reimbursable Expenses
 Meals
2. Written request for reimbursement.
A per diem rate for meals is allowed when out-ofcounty travel is required to commence prior to 7:00
AM and return is not possible until after 7:00 PM.
Meal receipts are required for reimbursement.
The per diem allowance is as follows: $5.00 per
Diem for breakfast, $7.00 per diem for lunch, $16.00
per diem for dinner. A per diem meal advance will
be allowed if the expected time away will be over
two (2) days, providing prior approval is obtained
from the Executive Director
 Programmatic Activities
Expenses incurred by staff during programmatic
activities with service recipients will be reimbursed
if written into the contract and approved in advance
by the Executive Director or Designee. Staff will be
reimbursed for necessary expenses incurred while
participating in events or recreational activities that
are part of the service recipient’s program. All
requests for reimbursement must be accompanied by
receipts, which support the expenditures. This
includes cost of meals, gratuity, admission fees, etc.
 Other Expenses
No other expenses will be reimbursed except under
emergency circumstances. Approval of the service
recipient and Executive Director must be obtained
prior to submitting for reimbursement.
16
Wage and Salary Administration
Overtime
CSS staff wages will be determined by the service
recipient’s contract. Any changes at all would be at the
discretion of the service recipient.
Certain positions within the Agency are exempt from
paid overtime under governing wage and hour laws.
These positions include executive, administrative and
professional employees, as defined by the Fair Labor
Standards Act (FLSA). Exempt employees are paid on a
salary basis rather than an hourly rate of pay.
Wage Garnishments
The Agency is required to honor any lawful garnishment
order against an employee. If the Agency receives a
garnishment against an employee’s salary, the matter
will be discussed between the employee and the
Controller/Assistant Controller. Deductions will be
withheld and paid from your wages in accordance with
the existing laws.
Hourly employees are non-exempt from the FLSA and
are entitled to overtime pay once the hours actually
worked exceed 40 hours in a workweek. CSS staff are
not permitted to work any overtime hours.
Overtime must be authorized in advance by the service
recipient
or
designee
and
the
CSS
Coordinator/Executive Director.
This would be
allowed in emergent situations only.
Hours of Work
The Agency schedules work to ensure the effective and
efficient delivery of services to its service recipients.
The overtime rate of pay is a calculated rate and
approximates one and one half times the rate of pay
based on the CSS Plan rate for hours actually worked
beyond 40 hours, consistent with Department of Labor
regulations. Extra hours worked beyond the normal
workweek, but less than 40 hours, will be paid at the
regular hourly rate of pay. Extra hours must also be
authorized by the service recipient or designee.
The hours of work per week will be based on the service
recipients CSS Plan. Each employee will be informed
of his or her regular work schedule by the service
recipient or their designee.
The Agency has established work schedules based on
the following number of hours.
Sick, holiday, vacation, bereavement, jury duty, and any
other paid benefit time are not considered hours worked
for the purpose of computing overtime pay.
 Part-time; 20-34 regularly scheduled hours of work
per week.
 Full-time; 35-40 regularly scheduled hours of work
per week.

Time Change
Two times per year our nation adjusts its clocks.
Daylight Savings Time occurs each Spring. The
adjustment for Daylight Savings Time requires us to
turn our clocks ahead one hour (shortening the day by
one (1) hour).
Relief; works fewer than 20 regularly scheduled
hours per week.
The Human Resources Department must approve
exceptions to the workweek listed.
In the Fall we are required to turn our clocks back one
(1) hour (increasing the day by one (1) hour).
Any additional hours worked must be approved by the
service recipient or designee. The CSS Plan must be
amended if there are to be any extended or permanent
changes in Direct Support Professionals hours.
When each of these time changes occur, staff will be
paid for actual hours worked in the event that their shift
occurs during the period when the clocks are adjusted.
(For example: During Daylight Savings Time we turn
the clocks back at 1:00 AM. Your shift is 11:00 PM to
7:00 AM, normally eight (8) hours. In this case, you
only worked seven (7) hours, thus you are paid for seven
(7) versus eight (8) hours).
Work schedules shall allow an unpaid meal break of one
half hour. Employees working in the CSS Program who
are unable to take a meal break without having to
provide for the supervision of service recipients will be
paid for their meal break.
17
Attendance
Pay Periods
Each CSS employee is required to work the hours
scheduled for their position. There is not a single
position that is not vital to the overall CSS Plan. When
employees fail to take this fact seriously, timeconsuming rearrangements and costly replacements are
often necessary to maintain continuity. Each employee
is, therefore, responsible for being present every
scheduled work day at the correct time.
Pay periods are based on a bi-weekly payroll system
with payday occurring every other Friday. The biweekly payroll generally gives 26 pay periods within a
year. In years where the bi-weekly payroll system adds
one pay period, the annual salary will be paid over the
27 pay periods. The Agency will withhold state and
federal taxes in accordance with the Internal Revenue
Service guidelines.
The Agency defines its attendance policy in these terms:
All employees are required to complete federal and state
forms to ensure proper withholding. The Agency will
also withhold for Federal Insurance Compensation Act
(FICA) payments, disability insurance, Cafeteria Plan,
Tax Deferred Annuity and Credit Union (if applicable).
Withholding for the Cafeteria Plan, Tax deferred
Annuity and Credit Union will only be executed after
the Agency receives proper authorization from the
employee.
 Excused Absence
This occurs when an employee notifies their service
recipient or designee of an upcoming absence for an
acceptable reason - the service recipient or designee
may grant time off for an acceptable reason.
All employees are on a lag payroll, which means that
there is a two-week delay between the end of any period
worked and when you are paid for that time worked.
Depending on when an employee enters the payroll
cycle, it may be three to four weeks before they are paid.
The reason for a lag payroll is to allow for ample time
for processing of payroll information. It is not meant to
adversely affect a new employee or an employee who
has gone on leave without pay.
 Unexcused Absence:
This is defined as an employee’s failure to obtain
advance approval from the service recipient or
designee.
 Tardiness
This occurs when an employee is not on the job at
the time work is normally scheduled to begin.
Paychecks are available either through direct deposit
into a banking institution or pay check card. Forms are
available for you to complete at time of hire and anytime
thereafter when you need to make changes. These forms
can be obtained from the Agency’s Business Office.
The service recipient or designee will deal with
excessive unexcused absences on a case-by-case basis.
If an employee has not been able to inform their service
recipient or designee of an absence, such as an illness
prior to the start of a scheduled shift, then the employee
must call their service recipient or designee as soon as
possible after the start of the shift. Communication of
an absence cannot be made through other employees
or family members unless emergency situations
dictate.
Questions regarding paychecks and/or hours worked
should be directed to service recipient or designee or the
Business Office.
Timesheets
CSS timesheets serve two purposes; first, to provide the
supporting documentation for staff to get paid, second; it
serves as documentation of the supports and services
provided to the service recipient.
An employee may be terminated after one failure to
notify their service recipient or designee of their intent
not to report for his or her assigned shift, without
justified cause.
Each day you work you must enter the date and times
you worked on the Employee Time Sheet/Daily Service
Record. You must also show for each day whether you
met face to face with the service recipient by entering
“yes” or “no” in the “face to Face (y/n)” box. In
addition, you must write a brief note about your actions
An employee will be considered to have abandoned their
position -- and will be terminated -- if they do not report
to work for three (3) consecutive days and fail to notify
their service recipient or designee of such an absence.
18
in providing supports and services to the service
recipient. Finally, you must put your initials in the box
at the end of the line for that day.
Performance Evaluations
Every staff member shall have a performance evaluation
at least once annually. It is the Agency’s option to
formally evaluate, at any time, the performance of any
employee. Due to the press of business, failure to
evaluate employees once annually should not form the
basis for drawing any negative inference about an
employees work performance.
At the end of the week included on the Employee Time
Sheet/Daily Service Record, you need to sign, initial and
date the form on the line at the bottom. Your signature
and the date must be contemporaneous to the service
provision recorded on the Employee Time Sheet/Daily
Service Record.
For new CSS employees, an evaluation should be
completed by their service recipient or designee after the
third and sixth month of employment and then on their
anniversary date every year thereafter. The employee is
urged to take an active role in these evaluations.
Pending satisfactory results of the sixth-month
evaluation, the employee will have completed their
orientation period with the Agency
Then you give the form to the service recipient or their
designee. The service recipient or their designee will
review the Employee Time Sheet/Daily Service Record
to make sure the information you’ve reported is
accurate. The service recipient or their designee will
then sign and date the form.
The Employee Time Sheet/Daily Service Record for the
week just completed must be received by the Agency
(FMS) on the Monday morning following the completed
week prior to 10 AM. The Employee Time Sheet/Daily
Service Record must be received at 231 New York
Road, Plattsburgh, NY 12903, Attention:
CSS
Coordinator no later than 10 AM in order for the staff to
be paid in a timely manner and in accordance with our
payroll schedule.
The employee shall review all performance evaluations
with adequate provisions made for a personal interview
with the supervisor writing the evaluation.
The
signature of the employee on the evaluation form shall
signify that he/she has read the evaluation.
In cases of unsatisfactory performance, the supervisor
may extend or reinstate the orientation period to set a
time frame for monitoring performance and
improvement or the employee may be terminated from
employment.
Job Description
All employees are given a job description upon
employment or transfer to a new position. The job
description outlines the duties and responsibilities of the
position to which the employee is assigned. The
employee is asked to sign and date the job description
after it has been reviewed. The signed copy will be
retained in the employee’s personnel file and may be
reviewed at any time.
Confidentiality
All information concerning service recipients and
Agency business is confidential. Discussions with
unauthorized persons within the Agency, and/or nonARC employees are strictly prohibited.
A Release of Information form must be obtained prior to
the release of any information to individuals or
organizations outside the Agency.
The Agency reserves the right to modify job
descriptions based on the needs of service recipients or
the Agency at any time.
 Internally
Signing the job description does not constitute a contract
nor is it a guarantee of employment.
a)
19
No records or lists will be maintained where they
may be seen or read by the other people we serve,
volunteers, or members of the community.
Confidentiality of both staff members and service
recipients will be maintained by limiting access to
any records or lists that may contain personal
information.
b)
Staff, whether secretaries, paraprofessionals or
professional personnel, will have access to such
records on a need-to-know basis only.
c)
All staff will be reminded continually of the need
to maintain confidentiality of records and
contracts.
d)
g)
Personnel Records
All personnel information concerning employees will be
considered confidential. Information contained within
personnel records will be revealed only to those persons
having authority to review it.
“Gossip sessions” and/or other non-professional
discussions of individuals are strictly forbidden.
 Externally
a)
No information about a person (requested by any
one outside the Agency) will be given out over
the telephone unless the origin and need to know
of the caller can be verified. This includes
whether or not a person is or was
served/employed by this Agency.
b)
Release of Information forms will be fully
explained and completed in the presence of the
person (parent or guardian in cases where the
service recipient is unable to sign or fully
understand the requested release of information)
for whom the release of information is on. This
will be done on a need-to-know basis only.
c)
No information about individuals or records will
be released from this Agency to state, federal or
other agencies that will allow the identification of
any person by name, address, Social Security
number or any coding procedure. The exceptions
are for the reporting of required information to
the Social Security Administration, the Office of
Mental
Retardation
and
Developmental
Disabilities, as well as other regulatory agencies.
d)
If, for any reason, records are to be inspected by
an outside agency, with authority to do so, the
individual(s) inspecting the records must be
specifically authorized to do so by the Executive
Director. Copying or the removal of records is
specifically prohibited, unless a release of
information is obtained.
e)
Staff will not discuss any individual’s record with
unauthorized individuals, formally or informally,
whether on or off duty.
f)
Records will be kept safe from loss, destruction,
theft and unauthorized use.
The Agency reserves the right to cooperate with
law enforcement and governmental agencies for
the purpose of an ongoing investigation.
Information such as evaluations, letters of
commendation and counseling notices - which are
placed in an employee’s personnel file - will be
photocopied and given to the employee, therefore, the
employee is always aware of the contents of this file.
All personnel information concerning an employee’s
work history will be considered confidential and is the
property of the Agency.
Each existing employee will have access, upon written
request, allowing a 24-hour notice, to review this
personnel file, however, complete copies of personnel
files will not be provided to an existing or former
employee. Review of the file must take place in the
presence of a Program Director, Associate Executive
Director, Executive Director or Human Resources staff
member.
Access to personnel records by persons other than the
individual employee and Human Resources staff will be
on a need to know basis.
Reference Inquiries & Verification of
Employment
The Agency’s policy on releasing information
concerning current or former employees will be to verify
dates of employment and position(s) held and salary
only. All reference requests should be directed to the
Human Resources Office. Any additional information
may only be released with the consent of the Executive
Director.
20
Hats and baseball caps will not normally be worn during
work hours and must never be worn when staff are
indoors at residential or day program sites. When an
outside activity deems the appropriate wearing of a hat,
this will be acceptable. When entering a building, the
hat must be removed.
Dress Code
The dress code policy is based on reasonable community
standards as our staff serve as role models to the
individuals served by this Agency and as such, should
strive to set the highest standards. Many staff interact
with parents and outside agencies on a daily and/or
frequent basis as representatives of the Agency. For
these purposes, the Agency dress code is of the utmost
importance for all staff. As role models for individuals
who are disabled, the importance of example in dress
and grooming cannot be over emphasized. Cleanliness
and proper business attire are of the utmost importance
in creating a positive impression and instilling good
values in service recipients.
Tank tops, blouses, which expose the stomach, low cut,
revealing necklines, and tight fitting tops, are not
allowed. Appropriate under garments are required.
Sweatshirts/tee-shirts with cut off sleeves are not
allowed.
Fleece pants, warm-ups, jogging suits, biker/spandex or
tight fitting pants and leggings are not allowed. Shorts
are allowed for direct care staff in certain areas during
the summer months. (Check with your service recipient
or designee.) Skirts, shorts and skorts must be no
shorter than 2" above the top of the kneecap. No cutoff, patched or torn shorts are allowed.
All levels of staff serve as representatives of the Agency
through interaction with service recipients, parents,
guardians and the business community. Employees are
expected to dress appropriately for the job to which they
are assigned. This policy applies to Agency training,
Agency activities or meetings where staff represent the
Agency. Staff who do not follow the dress code may be
asked to leave their area of work and address the dress
code infraction immediately and/or face disciplinary
action deemed appropriate by their supervisor.
Open toed shoes are allowed for office staff only. Socks
or hosiery must be worn. Tennis shoes/sneakers are
allowed for direct care staff, however, they must be
clean and in good condition, worn with socks and laced
up.
Jeans are allowed in certain areas (check with your
service recipient or designee) - no holes, patches or unhemmed bottoms are allowed.
Staff in clinical, clerical or managerial positions are
expected to dress professionally and appropriately in
keeping with their roles. The following guidelines are
for all Agency staff, but emphasis is given to direct care
or staff positions where attire tends to be less formal.
Suggestive or immodest clothing is not considered
proper work attire, as it does not provide the appropriate
role model for service recipients; therefore, employees
must refrain from wearing anything that could be
considered suggestive or immodest.
To serve as an exemplary role model, hair will be neat,
clean and well kept. Dyed hair will be permitted only if
is of a normal, natural hair color. Men's hair will not
touch the shoulder. Male staff should report to work
clean-shaven; however beards and mustaches, if present,
must be well groomed. Ponytails for male staff will not
be allowed. Excessive jewelry and excessive make-up
will not be allowed. Men are not allowed to wear
earrings to the work place. Women's earrings (other
than the small, post-type), necklaces, bracelets should
not be worn to avoid any injury during lifting,
transferring or behavioral interventions. The Agency
will not be responsible for damaged articles.
Maintenance personnel and staff working around
machinery should not wear jewelry in order to avoid
injury to oneself.
Good personal hygiene is necessary for all employees
since all employees work closely with other staff
members, service recipients, and the business
community.
Protective gear (i.e., safety glasses, ear protection)
should be worn when necessary. Staff working with
cleaning fluids, petroleum or caustic materials will be
required to wear protective eyeglasses and gloves in
keeping with OSHA standards. Staff should refer to the
hazardous materials training they receive.
Proper foot attire is suggested to protect oneself against
injury and to insure normal job functions. Foot attire
that would be considered inappropriate includes, but is
not limited to sandals, open-toed shoes, flip-flops, clogs,
etc. Service recipients or their designee will notify
Body piercing and decorative jewelry of the nose, facial
area or other parts of the body which show are not
allowed and must be removed while at work. Tattoos
must be covered at all times.
21
employees of
program(s).
inappropriate
footwear
for
their
Correspondence
Correspondence written on official stationery by a staff
member or other personnel may be subject to the
approval of the appropriate Program Director before
mailing. No employee shall use Agency stationery for
personal reasons.
Buttons, shirts, hats, jackets, etc. with sexual, political,
or controversial statements are not considered
appropriate clothing and should not be worn during
working hours.
Schedule Adjustment
All official correspondence and memoranda are the
property of the Agency and shall be kept on file
applicable with state and/or federal regulations.
Any employee may be granted a schedule adjustment
providing prior approval is obtained by the supervisor.
Extra hours worked must be used in the same workweek
in which they are earned. In essence, the employee is
adjusting the work schedule to accommodate the needs
of the position or the Agency. A reasonable amount of
required attendance at evening functions, training
sessions, etc., is considered within normal expectations
of most Agency positions, however non-exempt hourly
employees will be allowed to schedule adjust or will be
given additional pay.
Any memoranda distributed to all staff must have the
approval of the Executive Director
All incoming/outgoing business mail may be reviewed at
any time by the appropriate Program Director or
Administrator.
Every effort should be made by employees to ensure that
personal mail is sent to their place of residence.
Outside Employment
Sales and Solicitation
Outside employment shall not involve a conflict of
interest with the employee’s Agency duties or affect job
performance.
Employees are not permitted to solicit other employees
or to distribute literature during working time.
Solicitation is not permitted in service recipient training
or care areas at any time and it is not permitted in any
other area where solicitation interferes with service
recipient care or services.
All employees must notify their direct supervisor,
service recipient or designee of any outside employment
in order to ensure that said employment shall not occur
or interfere with the employee’s regular or assigned
working hours as an Agency employee.
Employees are not permitted to distribute literature in
any working or client care and training area at any time.
Employees are to avoid employment with
companies/agencies that have contractual or regulatory
obligations and/or are in competition with business
ventures owned or operated by the Advocacy and
Resource Center, Champlain Valley Industries and
Workforce Network.
Employees are not permitted to use the Agency’s e-mail
system to solicit other employees or to distribute
literature at any time.
Non-employees are not permitted to solicit or distribute
literature to employees anywhere on the Agency’s
property at any time.
Use of Agency Telephones
The Agency has a number of telephones, which are
necessary to conduct business.
The Agency
acknowledges that employees must communicate with
doctors, family members, day care providers, etc.,
during working hours. Therefore, the Agency will allow
employees the use of its telephones for necessary local
calls to conduct personal business; however, the Agency
will not condone an abuse of personal calls. All long-
22
distance calls made by an employee for personal
business must be paid by the employee.
its employees, service recipients, contractors, suppliers,
or affiliates, including but not limited to confidential
personnel information or financial information.
Use of Cell Phones/Electronic Devices
Employees are not to engage in social media activity
with service recipients and must adhere to the Agency’s
code of conduct at all times.
The priority of all Advocacy and Resource Center
employees is to provide the best services possible to the
service recipients we serve. In order to provide focused
and uninterrupted services, the use of personal cell
phones, pagers, and blackberry’s for CSS employees
will be at the discretion of the service recipient or their
designee.
Employees must not post pictures or videos
service recipients and their families on a web
other social media venue without first obtaining
permission from the person and the approval
Executive Director or their designee.
Agency issued cell phones and pagers should be used for
work related business only. Cell phones are to be used
only in accordance with New York State Vehicle and
Traffic Safety Laws. If a personal emergency arises,
Agency issued electronic devices may be used. The
Agency would need to be reimbursed for any cost
incurred for the personal use of cell phones/pagers.
of our
site or
written
of the
Employees should be aware that pictures, videos, and
comments posted on social media sites are often
available for viewing by third parties and could be
considered detrimental to the Agency’s service
recipients or families. Therefore, in addition to the
other requirements of this policy, employees should
review their privacy settings on the various social media
sites they use and make any adjustments to those
settings or edit the content of those sites in order to be in
full compliance.
To ensure the privacy rights of service recipients and
staff, the use of personal cameras, video or audio
recording devices, and camera phones in the workplace
is prohibited unless authorized by the Executive
Director or their designee.
Driving for Business Purposes
Employees who do not abide by this policy will be
subject to progressive disciplinary action, up to and
including termination.
Staff must have a current and valid license with the
proper classification to drive during work hours. If an
employee’s license is suspended or revoked, they must
report this to the Human resources Department
immediately. Any employee found driving an Agency
vehicle or their own personal vehicle, while working for
the Agency, without a valid driver’s license, will be
terminated.
Internet and Social Media
The Agency recognizes the importance of the internet
and social media for its employees. However, the use of
the internet and social media sites by employees may
become a problem if it interferes with the employee’s
work, is used to harass co-workers, volunteers or service
recipients; creates a hostile work environment; violates
any law or regulation; or harms the goodwill and
reputation of the Agency among its volunteers or the
community at large. As used in this policy, “social
media” includes, but is not limited to forums, blogs, and
networking sites such as Twitter, Facebook, LinkedIn,
YouTube and MySpace.
Any staff driving an Agency vehicle or their own
personal vehicle during work hours must wear a seat belt
at all times, must never use their cell phone, as well as
obeying all traffic signs and devices, while ensuring the
safety of service recipients.

Traffic Violations
Employees responsible for transporting Agency
service recipients must report all traffic convictions
to the Human Resources Department, whether
received while driving an Agency vehicle or not.
Employees may not use Agency equipment or facilities
for non-work related activities. The Agency monitors its
facilities to ensure compliance with this restriction.
Only the Executive Director or their designee may post
or comment on social media sites on behalf of the
Advocacy and Resource Center.
Employees must not use social media to disclose any
confidential or proprietary information of the Agency,
Vehicular Accidents
In order to assure the safety of service recipients and to
assure proper protection for the Agency from liability
23
claims, staff who are involved in vehicular accidents
while driving Agency vehicles or driving personal
vehicles while conducting Agency business will receive
appropriate disciplinary action, up to and including
termination. In considering disciplinary action, one or
more of the following will be considered:
Safety and Health
It is the intention of the Agency to provide a place of
employment free from recognized safety and health
hazards, as well as to provide a safe environment for
service recipients and to prevent property damage and
financial loss due to accidents.
The Agency is
committed to comply with federal, state and local safety
and health regulations.
• Nature and severity of the accident
• Bodily injury or property damage
• Past history
• Assignment of fault
• Traffic citations received
• Clear indications of negligence or
carelessness
To accomplish the goals mentioned above, the Agency
has a Safety Committee that is responsible for:
 developing and maintaining a safety manual specific
to Advocacy and Resource Center facilities,
The state or local police will investigate all accidents if
they take place on a public road or involve property or
bodily injury. Staff are to immediately report accidents
to the police, their Department Head and to the
Transportation Director. If conditions warrant, or there
is reasonable suspicion, the employee may be required
to submit to post-accident drug and alcohol testing.
 identifying and recommending safety
programs; conducting safety inspections,
training
 making safety recommendations,
 and investigating accidents, incidents or safety
conditions as directed by the Executive Director
At any time, the supervisor, Transportation Director or
Agency Administrator can require additional training of
anyone driving Agency vehicles.
To encourage safe practices among employees, the
Agency offers training programs on a periodic basis
covering a variety of safety and health issues.
Employees are required to take part in all training
programs required for their position/program.
Employees must report all observed safety and health
violations. Any incidents or accidents resulting in injury
to oneself, other employees, service recipients, visitors
and/or damage to Agency property must also be reported
immediately.
(See Workers’ Compensation or
Reporting of Injuries.)
Use of Agency Equipment
The Agency has a variety of equipment, which is
necessary for the effective functioning of each program
offered within the Agency. Any employee using
Agency equipment must do so in a safe manner, abiding
by manufacturer’s guidelines and recommendations.
Where applicable use of personal safety equipment is
required (i.e. – eye protection, gloves, ear protection,
helmets, etc.). Equipment will not be loaned for the
personal business of any employee.
Physical Examinations
Employee and service recipient safety is of the utmost
concern to the Agency. Physical exams, testing or
inoculations required by the Agency will be paid by the
Agency, provided that the Agency’s designated medical
facility or physician is utilized. Treatment required or
recommended by the physician beyond the initial
examination is the financial responsibility of the
employee.
Any position requiring a physical as designated by
Federal or State law will be required to undergo a
physical examination by the Agency. Agency bus
drivers, truck drivers or any other position falling under
Department of Transportation regulations are required to
submit to random drug and alcohol testing. All required
24
physicals and/or medical tests will be paid for by the
Agency.
Emergency Closings
When adverse weather conditions or other unforeseen
circumstances require a change of program hours or the
closing of the Agency, notification will be given as early
as possible via one or more of the following television
and radio stations: WPTZ – Channel 5, WIRY-1340
AM, WIZN – 106.7 FM, WOKO – 98.9 FM, WXXX –
95.5 FM, WKOL – 105 FM.
In order to ensure the safety of the individuals we serve,
an employee may be asked by the Agency to submit to a
medical examination and/or blood, urine or other
medical tests. The Agency will pay the cost of the
medical examination or other test required when ordered
by the Executive Director or Program Director.
Failure to cooperate with the provisions of this policy
will result in termination.
For CSS employees, please contact your service
recipient or their designee to determine if you are
expected to report for regularly schedule hours during a
period of inclement weather. If Agency Day Programs
are closed this does not mean that individual CSS plan
service recipients visits are cancelled.
Reporting of Injuries
All employee job-related injuries, regardless of severity,
must be reported to the immediate supervisor and/or
Human Resources as soon as possible after the
occurrence.
Employees who chose not to report to work will receive
leave without pay. If an employee has prior approval for
time off on an emergency closing day, where facilities
are closed – time will be charged as per the Request for
Leave form.
In the event of a work-related injury, an Employee
Report of Injury form (found in your hire packet) must
be submitted to the Human Resources Department
within 24 hours.
Emergency Evacuation Plan
Upon the report of an injury, the Human Resources
department may request that the employee receive
medical attention at the Agency’s expense, providing the
Agency’s designated medical facility or physician is
utilized.
In an effort to ensure service recipient and employee
safety, all employees must familiarize themselves with
the emergency evacuation plan posted at their work
location. All employees should also be knowledgeable
of any telephone numbers that may be needed in an
emergency.
Employees will be paid for time missed on the day of
the injury.
However, a physician’s statement is
necessary if the employee cannot return to work on the
day of injury. The Agency will not pay employees for
time missed on any day other than the day of injury,
however accrued benefit time may be used for time
missed beyond the day of injury.
Fire Arms/Weapons
In an effort to ensure the safety of all service recipients
and employees, firearms or weapons of any kind are not
permitted during any work hours. Fire arms are not to
be stored in personal vehicles during paid work hours.
This includes all program sites, buildings, parking lots
and vehicles owned and operated by the Advocacy and
Resource Center.
Any employee holding or possessing a firearm or
weapon of any kind will be subject to immediate
termination.
25
Individuals who volunteer their time to the Agency (for
an opportunity to work with the individuals we serve on
a recreational basis) must go through an orientation
period, which provides training prior to the initiation of
any volunteer activity.
MISCELLANEOUS POLICIES
Stolen/Damaged Property
The Agency does not assume responsibility for the loss
of money or loss or damage of personal property.
Employees are urged to use precautions in safeguarding
their possessions.
STATUS CHANGE
Lost and Found
Hiring/Job Postings
Unclaimed items should be taken to the reception or
office area for claiming. Unclaimed items will be stored
for two weeks before disposal of the items.
First consideration will be given to qualified employees
working within the Program where the vacancy exists.
Second consideration will be given to other qualified
employees of the Agency. Third consideration will be
given to qualified applicants from outside the Agency.
Selection of the successful applicant will be based on
education, experience, and past work performance. The
person the Agency deems the most qualified will be
selected.
Incident Reporting
All employees are required to complete training relative
to incident reporting procedures. Employees are also
required to report any incidents of abuse or neglect, in
writing, on an approved form within the time restraints
set forth by the Untoward Incident Policy.
Bulletin Boards
The Agency’s policy is to provide for equal opportunity
employment.
Bulletin boards are located at each of the main day
program facilities for the purpose of job postings and
other pertinent Agency information. Employees are not
allowed to place anything on any bulletin board without
the approval of the Human Resources Office. The
bulletin board at the Administration office should be the
focal point for all recruitment efforts and job
announcements.
Notices of all new or vacant positions within the Agency
shall be posted conspicuously on the Agency’s bulletin
board located at the Administrative Offices and in each
facility. Employees interested in a posted position must
submit a letter of intent and resume, if applicable, within
the time period specified to the Human resources
Director. Such applications are encouraged, providing
the necessary qualifications are met.
Volunteerism
A current full-time employee will not be allowed to
transfer unless they have completed six (6) months of
service in their current position, this does not apply to
part-time and relief staff. This requirement may be
waived at the discretion of the Executive Director based
on Agency needs.
The Agency recognizes and commends the desire of its
employees to serve the community through volunteering
their services to ambulance corps, local fire companies,
etc.
An employee shall notify their current supervisor of
their intent to pursue another employment option with
the Agency. If, after an interview in the newly desired
program/department, the supervisor is seriously
considering hiring the staff member, a reference check
with the current supervisor will be conducted. If the
staff member is offered a position in the desired
program/department, they must provide a two-week
written notice to their current supervisor.
The Agency and its employees have a custodial
responsibility to provide for the on-going needs of the
service recipients in our care.
To fulfill this
responsibility, employees must ensure that volunteer
hours are scheduled in such a way as not to conflict or
interfere with an employee’s work schedule.
There are many activities that the Agency participates
in, i.e., Special Olympics and fund-raisers, and
employees should feel free to participate on a volunteer
basis.
26
new lower grade that the employee was in at their
former higher grade.
Transfer
On rare occasions, program changes, i.e., leaves,
reductions in funding or reductions in the workforce,
may require reassignment of staff to best accommodate
service recipient and Program needs. There are two
types of transfers: a temporary transfer will involve the
assignment of six (6) months or less, and a permanent
transfer.
Layoff
The Agency may need to lay off staff due to program
changes or fiscal difficulties. In order to lessen the
impact of such a decision, a layoff will be handled in as
fair a manner as possible and individual(s) will be given
advance notice.
Any temporary or permanent transfer within a
department may be made at the discretion of the
Program director. Any inter-department transfer will
require the review and approval of the Human
Resources Director. When the temporary assignment is
planned to be longer than two (2) weeks in duration and
it entails added or decreased responsibility, a
corresponding wage adjustment will be made according
to the salary scale. The employee’s pay will reflect the
difference between his/her current salary and the salary
grade for the new position in keeping with the Rules of
Administration for the salary scale.
Employees placed on layoff status will be given
opportunities to apply for positions for which they
qualify within the Agency.
In all cases, any accrued vacation and sick time
(according to Agency policy) will be paid as soon as
possible after separation. An exit interview will be held
with all laid-off individuals. Recall from a layoff will
be based upon available job openings and the
employee’s qualifications for the available position.
Resignation
When transferring employees, the Agency will take into
consideration the concerns of employees, but the safety
and welfare of the service recipients will also be a
primary consideration.
An employee may resign their position with the Agency
at any time for any reason with or without notice.
Resignations should be submitted in writing to the
service recipient or their designee and to the Human
Resources Department.
Promotion, Transfer, and Demotion Salary
Review Procedures
In order to receive payment for accrued vacation and
sick time, if applicable (see sick time policy), employees
must provide a minimum of two (2) weeks written
notice, but thirty (30) days notice is professionally
appropriate and desirable.
When an employee transfers to a different position, their
salary is reviewed. When an employee is promoted to a
position with a higher grade, the employee will receive a
salary increase as follows. If the pre-promotion is below
the minimum of the new grade, then the increase will be
the minimum of the new grade, plus appropriate relevant
experience or education credit, taking into consideration
the minimum requirements of the new position. The
increase will not be less than equal to one increment at
the new grade or more than three increments of the new
grade. If the pre-promotion salary is within the new
grade, then the increase will be equal to one increment
of the new grade or up to three increments, taking into
consideration previous experience and education,
providing that the increments do not exceed the
maximum of the grade.
Failure to provide the required minimum two weeks
notice will result in the full loss of payment for accrued
vacation and sick time unless otherwise recommended
by the Program Director and approved by the Associate
Executive Director or Executive Director in keeping
with lines of authority.
Staff turnover is particularly difficult on the people
receiving our services. Out of consideration for them,
we urge all employees to give as much notice as possible
when leaving their position. Substantial prior notice
will allow for as little disruption in the delivery of
services as possible.
When an employee transfers to a position with the same
grade, then no increase will be granted.
Once a notice has been provided, any unauthorized
absences will result in forfeiture of payment for accrued
vacation and sick time.
If an employee voluntarily transfers or is demoted to a
position with a lower salary grade, then the new lower
salary will be calculated to within the same step at the
27
An employee absent from his or her work-site for three
consecutive days without authorization will be
considered to have voluntarily abandoned their job and
forfeit any rights or benefits associated with being an
Agency employee, including payment for all vacation
and sick accruals.
Department and possibly the Associate Executive
Director or Executive Director. In all cases, the
Program Director must consult with the Human
Resources Director on the possible re-employment of a
former employee in order to assure that the employee’s
past work history was suitable and that the employee is
eligible for re-hire. Any former employee re-employed
by the Agency will be treated as a new employee with
regard to benefits (excluding retirement) and seniority.
Any employee who abruptly leaves their work-site due
to an upset or disagreement for any reason without the
prior approval of their supervisor, will be considered to
have terminated their employment with the Agency.
Employee Status Change
Retirement
It is the responsibility of each employee whose status
has changed to contact the Human Resources
Department to fill out the necessary forms for
withholding and/or benefit forms for health, retirement
or life insurance as soon after the status change as
possible.
Employees retiring from the Agency will be asked to
provide as much advance notice as possible. Whenever
feasible, the Agency will attempt to bring a new
employee on board to train with the retiring employee.
Changes that must be reported include:
The Human Resources Department will assist the
retiring employee with processing social security forms
and advising of any Agency benefits or the dates such
benefits cease.
- Change in address or telephone number
- Change in marital status (marriage, death, divorce)
- Change in dependent status (birth, death adoption or
child is no longer eligible for health insurance as per
the Health Insurance Plan Description)
- Change in beneficiary
- Change in insurance coverage
- Change of emergency contact
- Change in health/life insurance coverage
Change in status from full-time to part-time and
subsequently to full-time without a break in service, will
waive certain rules and procedures. There will be no
additional waiting period for eligibility of benefits.
Those returning to full-time or part-time from relief
status must comply with the usual waiting periods for
benefits. For employees changing status from part-time
to full-time, accruals will be adjusted giving credit for
each full year worked, (full year equivalent to 1820
hours).
Exit Interview
Exit interviews will be conducted for all full- and parttime employees leaving the Agency or a position.
The purpose of the exit interview is to provide the
departing employee with information relative to their
last paycheck, eligibility for the continuation of health
insurance benefits and eligibility for payment of
appropriate vacation and sick accruals. The interview
will also provide the employee the opportunity to ask
questions and provide information concerning their
work experience with the Agency.
The Human Resources Department will be responsible
for all exit interviews.
Exit interviews will be
conducted with the employee leaving the Agency or
position and the Human Resources Director or designee.
The Agency will not be held liable for expenses incurred
by an employee who fails to report a status change.
Agency property, such as keys, identification cards or
records, must be turned in at the exit interview (or a
specified time thereafter) if the employee is in
possession of such property.
Re-employment
A former employee, except those involuntarily
terminated, may apply for a position with the Agency.
Their re-hire status will be discussed with the former
Supervisor, Program Director, Human Resources
28
suspension/termination) are explained by the service
recipient or their designee. Documentation of the
warning is placed in the employee’s personnel file and
must be signed by the employee receiving the warning.
EMPLOYEE DISCIPLINE
In order to assure proper service recipient care and
programming, employees are expected to comply with
the Agency’s standards of behavior and performance.
Where an employee fails to adhere to these standards or
any other rule of conduct, as set forth earlier, the
employee may be subject to discipline up to and
including termination.
Employees who repeatedly violate the Agency’s policies
or commit serious violations may be demoted,
suspended or terminated from employment.
Employees of the Agency remain employees-at-will,
who may be terminated at any time for any reason. The
above steps do not have to be followed in order to
terminate an employee from employment with the
Agency, if the offense committed is of a serious enough
nature.
Service recipient safety, treatment, and care are the
driving force behind these policies, which may create a
need for disciplinary action, up to and including
discharge. The amount of discipline appropriate in each
case is a function of the severity of the offense and
whether it is a repeated offense, among other relevant
considerations. For instance, employees may or may not
receive a first, second or third written warning; or a
three, five, or ten-day suspension, depending upon all of
the circumstances.
In some cases, immediate
termination may be warranted.
Warnings from one department will remain in effect
should the employee be transferred to another
department. Nothing contained in this section shall
create a contract of guaranteed employment.
Demotion
In situations where an employee has performed
satisfactorily in a prior position, but is unable to handle
the responsibilities of a current position, the employee
may request a demotion. A voluntary demotion will
only occur when there is an available position within the
Agency. The employee will be required to accept the
corresponding rate of pay and benefit changes, if
applicable.
The offer of an involuntary demotion may be made as an
alternative to termination at the discretion of the
Program Director or Administration only if there is an
available position.
Warnings
In the event disciplinary action is needed, employees
may receive a verbal or written warning that indicates
the presenting problem and corrective action that will be
taken. Disciplinary action may also include suspension,
demotion or termination.
Verbal Warning: The first reprimand may be a verbal
warning issued by the supervisor. The employee will
be informed they are receiving a verbal warning and
the
reason(s) why such a warning was necessitated.
The warning system is explained to the employee so
that they are completely aware of the consequences of
further warnings. Documentation of the warning is
Suspension/Suspension Pending
Investigation
recorded and placed in the employee’s personnel
file.
A staff member may be suspended where a serious
infraction of Agency rules has allegedly occurred. The
suspension will be on a non-paid status.
A verbal warning will be issued where practicable
within 7 days of the occurrence in cases where the first
offense is minor.
There are two types of suspension: disciplinary and
those pending the outcome of an investigation involving
allegations of abuse or neglect.
Written Warning: Will be issued where practicable,
within 7 days, where a verbal warning was issued and
there is another occurrence of the same offense, or
when the nature of the infraction is major, but is not so
severe as to require termination. Written warnings will
also be issued when there are a variety of verbal
warnings that indicate a more pervasive problem
exists. Consequences of further warnings (possible
In cases of disciplinary suspension, an employee will
remain on unpaid status until the suspension period has
ended.
The employee may be reassigned to an
alternative work assignment depending on the reason for
the suspension and programmatic needs at the time of
return.
29
In cases of allegations of abuse or neglect, an
investigation will take place following an employee’s
suspension.
The investigation will normally be
completed as expeditiously as possible. The employee
may be reassigned to an alternative work assignment
providing that service recipient and Agency safety can
be assured.
The result of the investigation will
determine what, if any, disciplinary action is needed, up
to and including termination.
If the investigation finds the infraction to be unfounded,
the employee will be paid for their regularly scheduled
hours during the suspension period.
By establishing a grievance procedure, the Advocacy
and Resource Center can offer a means for channeling
employee problems and concerns toward a speedy and
fair resolution. We urge you not to let problems
accumulate. Your grievance will be heard fairly and
objectively and in confidence.
Furthermore, the
Agency’s policy forbids any form of reprisal, by any
member of management, resulting from the use of the
grievance procedure. The purpose of this procedure is
to hear individual complaints concerning the
misapplication of the Advocacy and Resource Center's
policies.
Termination
What is a grievance?
The Advocacy and Resource Center reserves the right to
discharge any employee for any reason in accordance
with the concept of Employment at Will doctrine (in
keeping with federal and state labor laws).
A grievance is, broadly defined as a claimed breach of
any policy or statement contained in the Employee
Handbook, which contains Personnel Policies. A
grievance applies to a specific act by a program director
or supervisor involving a specific employee.
Major violations shall be considered employee actions,
which directly endanger the health and safety of any
employee/service recipient or significantly disrupt the
orderly performance of work. They include, but are not
limited to, service recipient abuse or neglect,
insubordination, falsification of employee or Agency
records, theft of Agency or employee property, reporting
to work under the influence of alcohol or illegal drugs,
use of alcohol or illegal drugs on Agency property at
any time and possession of a weapon and any violation
of the Rules of Conduct.
Unless extraordinary
circumstances are brought forth, a major violation shall
cause the immediate termination of the employee.
In brief, an employee may file a grievance only if a
program director or supervisor directs an unfair or
unreasonable action against him/her, or provides a coworker with an advantage that said employee is denied.
Grievances should not be filed concerning established
policy or procedure, unless the policy or procedure was
not followed by the supervisor.
A grievance cannot be initiated for matters
concerning wage rates, performance evaluations,
situations involving servi abuse and layoffs.
The Advocacy and Resource Centers Board of
Directors, along with the guidance of the Personnel
Committee has the sole authority to establish, amend, or
interpret Agency policies and reserves the right to
change or establish policies at any time.
An employee may be terminated after progressive
discipline has taken place or an employee has violated
the Rules of Conduct.
Any employee, who is involuntarily terminated, forfeits
their right to any and all benefit time.
The Grievance Procedure:
In cases of termination, the following procedure will
apply with the addition of step 4, please see Grievance
Procedures for terminated employees, to follow.
Grievance Procedure
The Agency's e-mail system may not be used in any.
step of the grievance procedure.
Employees are encouraged at all times to bring their
concerns informally to the attention of their supervisor.
It is the policy of the Agency, to afford employees the
opportunity of an orderly grievance procedure, so that
any formal complaint can be brought to the proper
authority for review. Time limits in the grievance
procedure may be extended at the discretion of the
Agency.
STEP 1:
The dispute or grievance shall be discussed between the
aggrieved employee and their immediate supervisor
within twenty-four hours (24) hours after the grievance
30
arises or from the time an employee becomes aware of
the grievance matter. The immediate supervisor shall
study the matter and give their answer within two (2)
weekdays from the date of discussion. If the aggrieved
is not satisfied with the decision reached then;
A terminated employee who wishes to file a grievance
may do so as per the following Grievance Procedure (a
grievance cannot be initiated for matters concerning
service recipient abuse). A terminated employee must
follow the same procedures as outlined in the preceding
Grievance Procedure with the addition of the following
step.
STEP 2:
Within two (2) weekdays the aggrieved should hand
deliver the detailed grievance in writing, to the CSS
Coordinator.
The CSS Coordinator has two (2)
weekdays to reach a settlement from the time the written
grievance is received. The CSS Coordiantor will
respond in writing. If the aggrieved is not satisfied with
the decision reached then;
STEP 4:
Within five (5) days of issuance of the Executive
Director's decision, the detailed written grievance, with
the Executive Director's reply may be submitted to the
Chairperson of the Grievance Committee.
The
aggrieved employee shall advise the Executive Director
to forward all documentation to the Grievance
Committee within this time frame. The Grievance
Committee Chairperson will schedule a grievance
hearing at the earliest possible date. The aggrieved
employee, Program Director and/or supervisor, coworkers and the Executive Director will be available to
answer questions relevant to the issue being discussed.
The Committee's decision or notice of continuation will
be sent to the aggrieved within five (5) weekdays of the
hearing and will be final.
STEP 3:
Within five (5) week days, the detailed written
grievance, with the CSS Coordinator’s reply, must be
hand delivered to the Executive Director or the
Associate Executive Director in accordance with the
lines
of
supervisory
responsibility.
The
Executive/Associate Executive Director will hold a
discussion with the aggrieved employee and CSS
Coordinator. At this time, any documentation, evidence,
exhibits, or witnesses should be presented.
The
Executive/Associate Executive Director's decision or
notice of continuation will be sent to the aggrieved
within (5) weekdays of the hearing and will be final.
Cases heard by the Associate Executive Director that
remain unresolved will then be presented to the
Executive Director following the same procedure as
outlined above.
If the employee filing the grievance does not appeal a
decision within the specified time as stated in each of
the grievance procedure steps, the grievance will be
considered withdrawn.
A grievance will only be rescheduled at the discretion of
the Chairperson of the Grievance Committee.
If the employee filing the grievance does not appeal a
decision within the specified time as stated in each of
the above steps, the grievance will be considered
withdrawn.
As stated previously, time limits in the grievance
procedure may be extended at the discretion of the
Agency.
Selection of the Grievance Committee:
The Grievance Committee will consist of five (5)
members and will be formed as follows:
1. The Chairperson of the Personnel Committee will
assume the Chair of the Grievance Committee.
All correspondence relating to the grievance procedure
will become part of an employee's file. However, the
filing of a grievance will in no way be interpreted
negatively towards any employee regardless of the
nature of the grievance.
2. One (1) member will be selected from the Personnel
Committee by the Chairperson of the Personnel
Committee.
A grievance will only be rescheduled at the discretion of
the Executive Director.
3. One (1) Program Director/Department Manager will
be selected by the Chairperson of the Personnel
Committee.
4. * One (1) staff member will be selected by the
aggrieved.
The Grievance Procedure For Termination's
31
CAFETERIA PLAN
5.
* One (1) staff member will be selected by the
Executive Director
* Members mentioned in numbers 4 and 5 will be
selected from a pool of volunteer staff members who
have received training in both Personnel Policies and
Sections 624 and 633 of the Mental Health Law.
The Agency offers all regularly scheduled full-time
employees a comprehensive health and life insurance
package that is designed to meet the needs of its diverse
employee group. This package is called the Cafeteria
Plan. The Cafeteria Plan is structured in a manner that
allows employees the opportunity to select insurance
coverage that best suits their needs from an array of
available options. Employees must pay (through payroll
deduction) a small portion of the total cost of the
benefit(s) they choose. Contributions are subject to
change. Contributions are made on a pre-tax basis and
are based on the employee’s gross annual salary. (See
Plan Description.)
The Chairperson shall ensure that no more or less
than five persons will be in attendance for the
grievance hearing.
No employee or Program Director/Supervisor from
the department from which the grievance originated
may be a member on the Grievance Committee.
Employee eligibility will begin on the first day of the
month following 60 days of full-time employment.
Cafeteria Plan election forms may only be changed once
annually, unless there is a change in family status, i.e.,
birth, death, divorce, etc.
During the enrollment orientation, employees will be
provided with pamphlets or a description of each benefit
offered. The Agency reserves the right to change health
insurance carriers or plans as it deems fit.
To enroll in a Plan(s), the employee must complete the
appropriate enrollment application form(s) and return it
(them) to the Human Resources Office by the time
specified in the benefits orientation.
For more information, please read the following
information on health insurance, flexible spending
accounts and life insurance. The Human Resources
Department is available to assist staff with any questions
or concerns regarding the Cafeteria Plan.
Administration During Periods of Disability
During disability status, employees will be eligible to
continue health insurance for a maximum of three (3)
months (12 weeks) from the date the doctor determines
them to be disabled. Employees must pay their
contribution in order to continue coverage.
Contributions to the Flexible Spending Account(s) are
not allowed while an employee is on leave without pay
status.
During an employee’s period of disability, each
employee is responsible for submitting their regular
contribution toward their health insurance. This may be
accomplished through planned use of accrued time or
through direct cash payment.
32
If the employee does not return to work after the 12week period, they will be offered the option of
continuation
coverage
through
COBRA
(see
Consolidated Omnibus Budget Reconciliation Act).
Flexible Spending Accounts
Flexible Spending Accounts allow employees to make
withdrawals to reimburse themselves for expenses not
covered by health insurance and daycare expenses. The
two accounts are described in detail below.
For employees not covered under the FMLA (Family
Medical Leave Act), health insurance coverage will
continue until the end of the calendar month in which
their accrued benefit time is exhausted. At this time, the
employee will be offered continuation coverage through
COBRA.
The Medical Reimbursement Account allows employees
to make withdrawals to reimburse themselves for
medical expenses not covered by a health or dental
insurance plan, i.e., prescriptions, orthodontia,
eyeglasses, contact lenses, counseling, deductibles, copayments, etc.
Health, Dental and Vision Insurance
The Dependent Care Account allows employees to make
withdrawals to reimburse themselves for expenses
associated with either adult or dependent childcare. The
person being cared for must be a dependent of the
employee and treated as such on the employee’s tax
return.
The Agency provides its regularly scheduled full-time
employees and their immediate families the option of
enrolling in a current Insurance plan. Plans are
contributory. Premiums for the employee’s share are
paid through payroll deductions and subject to periodic
adjustment. Employees may participate in an offered
Plan or they may choose to forego coverage.
Employees who participate in the Flexible Spending
Account benefit are required to make a premium
contribution through payroll deduction.
Employee eligibility will begin on the first day of the
month following 60 days of full-time employment. If an
employee fails to complete the required Health
Insurance application in a specified time frame, the
insurance cannot be initiated and the Agency will not be
responsible for any lapse in coverage or resulting
charges to the employee.
Term Life/Accidental Death and
Dismemberment Insurance
Regularly scheduled full and part-time employees may
opt for Life/Accidental Death and Dismemberment
Insurance at two times their annual compensation.
Plan specifics will be fully explained during the
enrollment process and all eligible employees will be
required to complete benefit training. All information
pertaining to Insurances offered by the Agency may be
obtained from the Human Resources Department. All
plans are fully detailed in the Plan Description that
eligible employees receive.
Employees may also elect life insurance for their
dependents. Spouses may be covered for $5000 in life
insurance coverage, while children under the age of 6
months may obtain coverage at $400.00 and children
between 6 months and 19 (if enrolled in school, until
age 23), may obtain coverage at $2000.
The Agency will cease providing insurance coverage at
the end of the month in which an employee terminates
employment. Employees no longer employed by the
Agency will be permitted to continue their health
insurance under the Federal Consolidated Budget
Reconciliation Act (COBRA). However, they will be
required to pay the full monthly premium, plus 2% to
continue coverage. Employees electing COBRA should
submit payment to the Agency prior to the first of each
month. A lapse in coverage may occur if premium
payments are not received in the Business Office by the
first of any given month.
Additional information regarding the Plan may be
obtained in the Plan Description or by contacting the
Human Resources Department.
Cancer Insurance
The Agency provides its regularly scheduled full-time
employees and their immediate families the option of
enrolling in the Allstate Workplace Division’s Cancer
Insurance Program. Cancer Insurance from Allstate Life
of New York pays you benefits that can be used for nonmedical cancer related expenses that health insurance
policies may or many not cover.
Cafeteria plan benefits may change periodically, based
on Agency budget conditions.
33
ADDITIONAL BENEFITS
Employee eligibility will begin on the first of the month
following 90 days of employment.
The Agency
provides for payroll deductions, however, the employee
pays the full amount of the premiums due. An Allstate
representative will meet with interested employees and
will process all applications. An employee may elect to
continue coverage after termination of employment.
This would be done directly with an Allstate Insurance
representative.
Retirement Plan
All employees are eligible to participate in a
contributory retirement plan. All contributions to the
plan are made through payroll deduction.
All employees are auto-enrollment into the Plan with a
1% contribution of gross wages on a bi-weekly basis.
Employees have the option of increasing or decreasing
this deduction. (Further details are provided at the time
of hire)
The Agency will contribute a percentage
toward this plan after the employee meets the vesting
criteria.
Consolidated Omnibus Budget
Reconciliation Act (COBRA)
Upon separation from the Agency employees who are
enrolled in a health insurance plan and/or the medical
reimbursement account are eligible to continue these
plans at their own expense.
Specifics on the Plan may be obtained from the
Retirement Summary Plan Description or the Human
Resources Department.
The cost of COBRA is 102% of the Agency’s costs of
the plans, payable prior to the first day of each month.
COBRA applies to employees and dependents under
specific circumstances. See the Personnel Policies and
Procedure Manual for further descriptions.
Unemployment Compensation Insurance
In accordance with federal and state law, the Agency
pays Unemployment Insurance Tax for all its
employees. Unemployment Insurance is protection for
individuals who are out of work through no fault of their
own. It provides the former employee a weekly benefit
of approximately one half their regular pay up to a
maximum as determined by the Department of Labor to
assist them while looking for a new job.
Disability Insurance
Employees who become disabled due to an accident,
injury or illness are covered for loss of wages by
Agency insurance. Basically, New York State Disability
Insurance covers injuries, accidents and disabling
illnesses that occur during non-working hours.
Employees who become disabled while off duty are
responsible for initiating the claim process. Disability
claim forms may be obtained from the Human
Resources Department.
Disability
Insurance
reimburses
employees
approximately 50 percent of their regular gross salary,
not to exceed a maximum established by New York
State, for up to 26 weeks. Reimbursement begins on the
eighth (8th) day of disability. Disability Insurance does
not reimburse for medical or other expenses associated
with the disability.
34
While claiming disability benefits, all accrued benefit
time will be paid to employees on a bi-weekly basis at
the employee’s regular rate of pay until all time is
exhausted (used in the order as follows: sick time,
vacation time, personal time and floating holidays). By
using accrued benefit time, employees will be kept in
active status and all health insurance benefits (for FT
staff only) will continue until the time is exhausted (for
a maximum of 12 weeks or the use of benefit time
whichever is longer); if FMLA eligible. For extended
use of sick time while on disability, an employee will
receive a partial “pay back” from the insurance company
and time will be put back on the “books.”
Worker’s Compensation Insurance
An employee on unpaid leave does not accrue vacation,
sick or holiday time during the leave.
An employee is expected to adhere to instructions set
forth by the Workers Compensation Insurance carrier,
including any recommended modified duty (See
Modified Duty Section).
Injuries, which occur while on the job, are covered by
Workers’ Compensation. All job-related injuries must
be reported immediately to the supervisor and/or
Program Director, regardless of severity. It is the
responsibility of the injured employee to complete an
“Employees Report of Work Related Injury” form.
Once an injury is reported, the supervisor and/or
Program Director may require that the employee see an
Agency physician for a medical examination, at the
Agency’s expense.
Long Term Disability Insurance
If an employee is injured while on the job, the Agency
will initiate the necessary paperwork to ensure payment
for expenses incurred due to the injury.
Certain employees who become disabled due to an
accident, injury or illness are covered for loss of wages
by an Agency sponsored insurance.
Long-term
disability insurance will cover those employees for
injuries, accidents and disabling illnesses that occur
during non-working hours that require an absence of 90
or more days from work.
Employees will be paid for time missed on the day of
the injury.
However, a physician’s statement is
necessary if the employee cannot return to work on the
day of injury and the employee is claiming pay for time
missed.
Employees will become eligible for this insurance on
January 1st of the year following their 15th anniversary of
service with the Agency. Employees who become
disabled while off duty are responsible for initiating the
claim process. Long Term Disability Claim Forms may
be obtained by contacting the Human Resources
Department.
For further information, contact the Human Resources
Department.
Tuition Reimbursement
Policy
After 2 years of receiving benefits the insurance
provider will reevaluate the employee’s medical
condition. If determined capable of being productively
employed, the employee will be required to return to
their own occupation or another occupation that they are
qualified for (re-training may be required). This
insurance does not reimburse for medical or other
expenses associated with the disability.
In order to promote and attain a higher degree of
competency in the delivery of services to our service
recipients, it is the intent of the Agency to encourage the
utilization of local accredited institutions of higher
learning for the enrichment of professional skills. It is
the Agency’s position to encourage education in fields
of study, which are relevant to the Agency’s mission or
one’s particular position.
While claiming Long Term disability benefits, an
employee will receive any remaining accrued benefit
time, paid out at up to one-third (1/3) of their regular
hours worked per week, this will ensure that payment of
accrued time does not affect Long Term Disability
Benefits. Employees will not receive accruals while in a
one-third (1/3) payment status.
Procedure
The Agency will reimburse full-time employees who
have completed six months of full-time service (at the
time of reimbursement) with the Agency for academic
expenses for classroom instruction. The Agency will
also reimburse part-time and relief employees, as well as
full-time employees that are enrolled in the Clinton
Community College Direct Support Specialist
35
Certification program. The schedule of reimbursement
is as follows:
Scholarships
Undergraduate
Grade Reimbursement
A
$500.00
B
$500.00
C
$250.00
Graduate
Grade Reimbursement
A
$600.00
B
$300.00
In order to promote and attain a higher degree of
competency in the delivery of services to our Program
Participants, the Agency offers four (4) memorial
scholarships. The Carol Hebert, Dorothy Merritt and La
Marche Scholarships are available to Agency
employees. The Elaine Coffin Scholarship is available
to nursing students in the local area.
Max = $1500.00/year
Max =$500.00/semester
Max = $1800.00/year
Max = $600.00/semester
Applications are submitted by March of each year.
Selection is made prior to the Annual Banquet held in
the Spring/Summer.
The Agency reserves the right to modify the amount of
tuition reimbursement awarded to each employee based
on whether or not other available funding sources were
pursued.
Employee Appreciation Award
It is the Agency’s policy to recognize and publicize the
outstanding efforts of a selected employee group on a
quarterly basis.
At the beginning of each course, an employee must
complete a tuition reimbursement form, attach a course
description and obtain prior approval from the Executive
Director. Some individuals may first wish to register for
the course, but approval is based upon relevance to
one’s area of work. In review of requests, course work
must be reasonably related to the Agency mission and
the department in which the staff member is working.
The determination of approval will be based upon the
overall needs of the Agency. If pursuing a specific
degree, the employee must show acceptance into that
degree program. Upon completion of a course, the
transcript, approved tuition reimbursement form and
evidence of payment must be submitted to the Program
Director and in turn, to the Human Resources Director.
Reimbursement is for tuition only; the cost of books and
supplies are the responsibility of the employee. The
Agency will have an annual budget for tuition
reimbursement. The Human Resources Department will
be responsible for monitoring all expenditures under this
budget. Administration may not approve expenditures
in excess of the budget.
Employees are nominated by their peers to receive this
award. Criteria is based upon: overall contribution to
the Agency, quality of work, consistency and
willingness to extend their efforts beyond actual job
duties.
LEAVE POLICIES
Sick Time
After completing 90 days of employment, full-time
employees (those working 35 or more regularly
scheduled hours per week) and part-time employees
(those working 20-34 regularly scheduled hours per
week) are granted time off for the sickness of oneself, an
immediate
family
member
(which
includes:
(step)parents, (step)brother, (step)sister, (step)children,
husband,
wife,
mother-in-law,
father-in-law,
(step)grandparents, (step)grandchildren), or the member
of one’s household.
Staff Training Requests
In cases where the Agency asks an employee to take
a specific course, full tuition will be reimbursed.
Such reimbursement may only be obtained with the
prior approval of the Executive Director before
enrolling in the course.
Each department has a specific written advance call-in
policy. Copies of these policies must be submitted to
the Human Resources Office.
Sick time shall be accrued at the rate of six (6) days per
year for all regularly scheduled full-time staff. For the
purpose of sick time, one day will equal, one-sixth (1/6)
of their standard weekly hours. All part-time employees
(20-34 regularly scheduled hours) will accrue sick time
at the rate of one-sixth (1/6) of their weekly standard
hours.
36
Vacation Time
Sick time is not earned for any five (5) consecutive or
non-consecutive days of unpaid absence (leave without
pay) within a one (1) calendar month period of time.
It is believed by the Agency that regular vacations are
necessary for effective work. Each staff member
requires periodic rest and relaxation away from the job
to allow fresh insight into the service recipient’s needs.
All vacations are to be planned with the approval of the
service recipient or designee.
Absences of more than three (3) consecutive days (as a
result of the illness of oneself or family member) will
require proof of incapacity, including but not limited to
a physician’s statement. Personal or family illness
resulting in the necessity for sick time shall be reported
to the service recipient or designee who, at any time,
may require a physician’s statement.
CSS employees are eligible to use vacation time after
twelve (12) months (365 days) of continuous service
in a regular full-time or part-time position.
Employees must submit a Request for Leave Form to
their service recipient or designee when requesting sick
time. The granting of sick time will be determined by
the service recipient or designee.
Full-time employees (those working 35-40 regularly
scheduled hours per week) will earn vacation equivalent
to ten (10) days of their regular scheduled hours.
Part-time employees (those working 20-34 regularly
scheduled hours per week) will earn vacation equivalent
to five (5) days of their regular scheduled hours.
Employees in orientation status will accrue sick time,
but may not use it until after they have completed 90
days of full or part time employment with the Agency.
Vacation time must be taken in half hour or hourly
increments only.
Sick time must be used in half hour or hourly increments
only.
Vacation time can only be submitted a maximum of 6
months prior to the requested date. Exceptions can be
made on a case by case basis by the service recipient or
designee, for vacations requiring the purchase of travel
tickets, weddings, etc. Where possible, employees with
seniority will be given preference for requested dates
over other employees.
Sick time must be used for sickness (or medical
appointment) of oneself, an immediate family member,
or a member of one’s household. Other benefit time
cannot be used for these reasons until all sick time is
depleted.
Sick time must be used in the year it is accrued or it
will be forfeited at the end of the calendar year.
Vacation is not earned for any five (5) consecutive or
non-consecutive days of unpaid absence (leave without
pay) within a one (1) calendar month period of time.
Earned but unused vacation time will be paid to
employees leaving the Agency, providing that twelve
(12) months of continuous service with the Agency has
been completed and proper notice has been provided.
If an illness occurs or extends beyond available sick
time, other benefit time may be used until depleted. If
the balance of vacation time is insufficient, then leave
without pay may be granted, provided a physician’s
statement accompanies such a request and the employee
is entitled to Family Medical Leave.
All vacations of one week or more must be requested in
writing two weeks prior to the scheduled vacation.
Employees should make sure that their service recipient
has returned an approved copy of the vacation request to
them prior to finalizing their vacation plans.
Any employee, who is involuntarily terminated, forfeits
their right to any and all benefit time.
Vacation time must be used in the year it is accrued
or it will be forfeited at the end of the calendar year.
The Executive Director or their designee may call
employees on a scheduled vacation to duty if
extenuating circumstances arise.
37
Vacation time may be taken at a time convenient to the
employee, with the proper approval. Factors such as the
needs of the department and service recipients may
cause the denial of vacation time. The Agency reserves
the right to postpone or reschedule vacations as
necessary to maintain program continuity.
Serious health condition can be defined as: "an
illness, injury or impairment or physical or mental
condition” that involves:
 Inpatient care in a hospital, hospice or
residential medical care facility.
 A period of incapacity of more than three (3)
consecutive calendar days (including any
subsequent treatment or period of incapacity
relating to the same condition) that also
involves: 1) treatment two or more times within
30 days of the first day of incapacity, 2)
treatment by a health care provider on at least
one occasion which results in a regimen of
continuing treatment under the supervision of a
health care provider. The first (or only) visit
must occur in person within seven days of the
first day of incapacity.
 Any incapacity due to pregnancy or for prenatal
care.
 Chronic conditions requiring periodic treatment
by or under the supervision of a health care
provider, which continue over an extended
period of time and may cause an episodic rather
than a continuing period of incapacity (e.g.,
asthma, diabetes, epilepsy, etc.).
 Permanent/long-term
conditions
requiring
supervision for which treatment may not be
effective (e.g., Alzheimer’s, a severe stroke or
the terminal stages of a disease).
 Multiple treatments by or under the supervision
of a health care provider either for restorative
surgery after an accident or other injury or for a
condition that would likely result in a period of
incapacity of more than three calendar days in
the absence of medical intervention or
treatment, such as cancer (chemotherapy),
severe arthritis (physical therapy) or kidney
disease (dialysis).
Employees changing from full-time to part-time status
will be paid for all vacation earned at their full-time rate.
Those employees desiring to retain vacation time will be
allowed to keep ten (10) part-time vacation days, which
when used will be paid out at their part-time rate.
Vacation time cannot be used in place of sick time until
all sick time has been depleted.
Any employee, who is involuntarily terminated, forfeits
their right to any and all benefit time.
LEAVE OF ABSENCE POLICIES
Family/Medical Leave Act of 1993
The Family and Medical Leave Act of 1993 was
enacted to allow eligible employees leave time in
certain situations without affecting the job status of
the employee. There are two types of leave
available, including the basic 12-week leave
entitlement (Basic FMLA Leave), as well as the
military family leave entitlements (Military Family
Leave) described in this policy.
Eligibility for Family Medical Leave: an employee
who has worked for the Agency for a total of twelve
(12) months and for at least 1,250 hours in the
previous 12 months.
Basic FMLA Leave
Leave will be granted to eligible employees in the
following circumstances:
1.
Due to the birth or adoption of a child of the
employee and in order to care for such child.
2.
Due to a serious health condition that makes
the employee unable to perform the
functions of his or her position.
3.
In order to care for the spouse, child or
parent of the employee, if such person has a
serious health condition.
In cases where a married couple is employed by the
Agency, the two spouses together may take a
combined total of 12 weeks’ leave during a 12
month period due to the birth or adoption of a child
and in order to care for such child or in order to care
for the spouse, child or parent of the employee, if
such person has a serious heath condition.
38
manager and/or Program Director and Human
Resources of absences that may be covered by
FMLA.
Military Family Leave
There are two types of Military Family Leave
available.
The employee must provide sufficient information
regarding the reason for an absence for the Agency
to know that protection may exist under this policy.
Failure to provide this information may result in
delay and/or forfeiture of rights under this policy.
1.
Qualifying
exigency
leave.
Employees meeting the eligibility requirements may
be entitled to use up to 12 weeks of their Basic
FMLA Leave entitlement to address certain
qualifying exigencies. Leave may be used because
of any qualifying exigency arising out of the fact
that the spouse, or a son, daughter, or a parent of the
employee is on covered active duty (or has been
notified of an impending call or order to covered
active duty) in the Armed Forces. Covered active
duty means duty during deployment with the Armed
Forces to a foreign country (for a member of a
regular component of the Armed Forces).
Medical Certification Process
You will be required to complete a Department of
Labor physician's certification form where leave is
for a family member’s or your own serious health
condition. This form will be used to decide if the
health condition falls into the category of medical
leave for the purposes of complying with the law.
The certification form needs to be signed by the
health care provider. These forms are available
from the Human Resources department and should
be completed and returned to the Agency within 15
days from when leave was requested.
2.
Leave to care for a covered service
member. There is also a special leave entitlement
that permits employees who meet the eligibility
requirements for FMLA leave to take up to 26
weeks of leave during any single 12-month period if
the employee is the spouse, son, daughter, parent, or
next of kin caring for a covered military
servicemember or veteran recovering from an injury
or illness.
For more information regarding Military Family Leave,
please contact the Human Resources office.
The Agency may also request a second opinion from
a doctor of its choice (at no cost to the employee), if
needed, to determine if the employee is eligible for
medical leave. Medical leave can be denied until
the Agency receives substantial reason(s) for the
leave.
Employee Responsibilities When Requesting
FMLA Leave:
Certification for Active Duty Because of Any
Qualifying Exigency
FMLA leaves will require the employee to complete
a "Request for Family Medical Leave”
form.(attachment A) This must be completed for all
leaves under this policy. The need to take nonemergency leave should generally be requested from
the Human Resources department at least 30 days,
or as soon as practicable, in advance of the need. In
cases of emergency, notice may be given verbally,
by electronic means, or by a relative or responsible
party when the employee is unable to give notice
themselves, and the application form should be
completed as soon as practicable. Failure to provide
adequate notice may, in the case of foreseeable
leave, result in a delay or denial of the leave. It is
the employee’s responsibility to notify your
In addition to a Request for FMLA Leave, the
employee will be required to complete a
Certification of Qualifying Exigency for Military
Family Leave form and furnish to the Agency any
certification that your family member is issued
regarding their active duty or call to active duty in
the Armed Forces.
Employer Responsibilities
When an employee requests leave, the Agency will
inform the employee whether he or she is eligible
under FMLA. If the employee is eligible for FMLA
leave, the employee will be given a written notice
that includes details on any additional information
39
he or she will be required to provide. If the
employee is not eligible under the FMLA, the
Agency will provide the employee with a written
notice indicating the reason for ineligibility.
paycheck for health and dental benefits. A Leave
Payment Option form must be completed and
returned to the Human Resources department within
15 days of receipt of the form.
If leave will be designated as FMLA-protected, the
company will inform the employee in writing and
provide information on the amount that will be
counted against the employee’s 12-or 26-week
entitlement.
An employee returning from leave will normally be
restored to his or her position before the leave began
or to an equivalent position with equivalent
benefits, pay or other terms and conditions of
employment.
Use of Leave
For employees whose leave extends beyond the 12
or 26 weeks available:
1. If an employee has accrued benefit time
beyond the twelve week Basic FMLA leave
or twenty-six week Military Family Leave
period, then the employee may request to
use that benefit time by completing a
Request for Leave form. Accrued benefit
time will be considered job protected leave.
2. If an employee does not have accrued
benefit time at the end of the twelve week
Basic FMLA Leave or twenty-six week
Military Family leave period, the Agency
will not guarantee their previous position.
At this time an employee may request a
“Personal Leave of Absence”, please see
Personal Leave of Absence Policy. This
request for personal leave must be received
prior to the end of the employee’s Family
and Medical Leave.
3. If an employee fails to return to work at the
agreed upon date, they will be considered to
have voluntarily resigned their position.
Medical leave, for one’s own serious health
condition or the serious health condition of a child,
spouse or parent, can be used intermittently.
Military Family Leave due to exigencies may also
be taken on an intermittent basis. Leave may not be
taken on an intermittent basis when used to care for
the employee’s own child during the first year
following birth, or to care for a child placed with the
employee for foster care or adoption. The 12/26
weeks may be spread out throughout the year. (Year
begins with the first day of leave).
Upon return from an employee's medical leave for
their personal health condition, the Agency will
require medical certification that the employee is
able to return to work. Failure to provide the
Agency with requested information might result in
your inability to return to work.
Employees on FMLA leave will be required to use
their accrued sick, vacation, personal time and
floating holidays, except in the case of a work
related injury or illness. In the case of a work
related injury, the employee has the choice for their
leave to be paid through use of accrued benefit time
or paid through workers’ compensation.
If employees have questions regarding the law and
the Agency and employee obligations under the law,
please speak to the Human Resources Department
or your program director.
The Agency will maintain coverage under our group
Cafeteria plan during the family and medical leave
under the same conditions prevailing at the time the
leave commenced. This payment is already being
deducted when the employee is using their accrued
sick, vacation and personal time. Where an
employee goes into leave without pay status, or
chooses leave without pay, the employee is expected
to pay what would normally be deducted from their
Military Leave
Military leave shall be granted in accordance with
applicable law (USERRA) to all employees who are
members of a National Guard or US Military Reserve
Unit. Employees will be granted leave without pay or
they may chose to use accrued vacation and personal
time to attend military training or active duty.
Employees are requested to give their supervisors as
40
much notice as possible when the need for military leave
arises. Employees must contact Human Resources to
discuss military leave parameters.
An employee must use all benefit time during an
educational or personal leave.
The Executive Director reserves the right to
disapprove any request for leave of absence based
on the needs of the Agency. Consideration of
service recipient need and a desire to maintain
program continuity will be weighed against the
request.
Educational and Personal Leaves
The Executive Director or designee may grant a
maximum of up to 12 weeks. An employee must submit
a detailed letter requesting leave to the Executive
Director or designee, allowing for a minimum of 10 days
for a response.
41