Section 5
Personnel Policies
5.1 Equal Opportunity Employment
It is the policy of Lindley habilitation Services to provide all job applicants with equal
employment opportunities without regard to national origin, race, sex, religion, political
affiliation, or physical handicap except where age, sex or physical requirements are essential
occupational qualifications necessary for job performance. Individuals are to be selected on the
basis of overall qualifications, and every effort is made to employ the most qualified applicant.
The responsibility of coordinating the employment process shall be the responsibility of the
Human Resources Director.
Any applicant for employment or any employee who believes that employment, promotion,
training, transfer, salary adjustment, or salary increment was denied him or her or that
demotion transfer, lay-off or termination was forced on him or her because of sex, race, religion,
national origin, age, political affiliation, or physical disability may appeal through the Employee
Grievance procedure as described in this manual.
5.2 Sexual Harassment
Lindley Habilitation Services, Inc. will not allow any form of sexual harassment within the work
environment. Sexual harassment, as defined in this policy includes, but is not limited to, sexual
advances, verbal or physical conduct of a sexual nature, visual forms of a sexual or offensive
nature (e.g., signs and posters) or requests for sexual favors. Any intentional sexual harassment
is considered to be a major violation of company policy and will be dealt with accordingly by
corrective counseling and/or suspension or termination, depending upon the severity of the
violation.
5.3 Training Requirements
Direct care staff shall complete Lindley Habilitation Services orientation training as well as the
following competencies required: Consumer Rights and Abuse, Confidentiality, Blood Borne
Pathogens Universal Precautions, Interaction and Communication Strategies, Incident and
Accident reporting, Pole/Purpose/philosophy of Services, CAP MR/DD Elements of Core Values,
CPR, First Aid, NCI, Documentation Requirements, Overview of Developmental Disabilities, and
Person Centered Planning. All of the above must be completed before a staff begins working
direct care alone with a consumer. Any staff who will be administering medication to
consumers must also complete Medication Administration.
In addition, a staff will need to complete the following training with a supervisor before
beginning with a specific consumer. A staff working with more than one consumer will have a
sheet completed for each consumer with which they will be working. This shall be renewed
annually with the Consumer’s Plan of Care: Diagnosis and Needs, Approved Physical
Interventions, Goals and Outcomes, Behavior Concerns, Communication Techniques, Medical
Concerns (i.e. seizures, allergies, and medications), Assistance with Self Administration of
Medications, Routines (daily care, use of adaptive equipment, transfers and carries).
Interpretation 1: Medication Administration is a requirement for some consumers. In situations
where staff cannot obtain certification (they did not pass the course of study or did not take the
course by required compliance deadline)in Medication Administration, the needs of the
consumer will determine staffing for the shift(s). If the consumer must have medication during
the employee’s shift, the employee will be removed from the case and offered shifts with other
consumers who do not have medication requirements.
Interpretation 2: NCI core and Core plus are requirements for consumers with aggressive
behavior. Due to the potential for aggressive behavior during a shift, employee’s may not work
with a consumer who has the requirement for a staff certified in NCI core and Core Plus if they
have not completed and passed this training or if their certification in these courses of study
have expired.
Note: Consumer Specific Competencies are completed only for CAP MR/DD consumers, Private
Pay consumers will not have CSC
Revised 1.19.09
Revised 8.9.10
5.3b Criminal Record Check
A criminal record check will be required for all staff prior to employment. The staff will be
required to pay for each criminal record check performed. An annual criminal record check will
be required for all staff.
The following are the criteria for being employed with Lindley Habilitation Services:
Driving/Moving Violations:
 No more than 2 speeding tickets in one year. No more than 3 speeding tickets in two
years. No more than 3 speeding tickets in 3 years.
 No DUI in the past 5 years, no further or current charges.
 Reckless driving: speeding more than 15 miles over the speed limit and you can no
longer work with a consumer. (LHS reserves the right to hear and consider these on a
case by case basis.)
 No more than 3 moving violations in a year. (LHS reserves the right to hear and consider
these on a case by case basis.)
Misdemeanors:
 No more than 2 misdemeanor charges/convictions in the past 5 years. (LHS reserves the
right to hear and consider these on a case by case basis.)
Felonies:
 No felony charges/convictions in the past 5 years. (LHS reserves the right to hear and
consider these on a case by case basis.)
Other:
 Drug possession/use: No charges/convictions within the past 10 years.
Failure to comply with any of the above criteria will result in termination of employment. Any
staff currently working who does not meet the criteria set forth as of 1/1/03 will be
grandfathered in and only updated record checks shall apply.
Revised 12.12.08
5.4 Absenteeism and Tardiness for Habilitation Technicians
To maintain a safe and productive work environment, Lindley Habilitation Services expects
employees to be reliable and punctual in reporting for scheduled work. In the rare instances
when employees cannot avoid being late to work or are unable to work as scheduled, they are
to notify their supervisor, or if the supervisor is not available emergency on call, and their
consumer as soon as possible in advance of the anticipated tardiness or absence from any shift,
meeting, or training. Poor attendance and excessive tardiness may lead to corrective counseling
and disciplinary action up to termination of employment. If an employee has frequent poor
attendance (*see interpretation) the supervisor may require that the employee provide a
doctor’s note for each absence that is due to illness as part of corrective counseling. If a doctor’s
note is required and the employee does not provide the note to their supervisor; the absence is
not excused and disciplinary action may follow up to termination. Absenteeism and tardiness
apply to all shifts and trainings a staff is scheduled to attend.
Please see Policy 5.10 for Time Off Requests and the required two week notice for absences.
*Interpretation: Due to the fact that direct care staff work various hours within any span of
time, LHS is leaving the definition of “poor attendance” and “excessive tardiness” to the
interpretation of the supervisor and Clinical Director. If the direct care staff disagrees with the
decision which has been made they may follow the grievance procedure.
Revised 3.8.10
Revised 4.12.10
5.5 Working Consumers Who Travel Out of State
Individuals who have been receiving services from Lindley Habilitation Services while in the state
and who are unable to travel without assistance may request a staff to accompany them while
traveling out of the State. The consumer must have been receiving services from the agency
prior to travel out of State, per CAP MR/DD rules. Staff or Legally Responsible Person must
submit, in writing, at least 2 weeks prior to the proposed travel, their request to travel with a
consumer out of State. The request must include the dates the staff will be gone and any other
consumers the staff works with which may need to be covered while the staff is away. The
agency will consider the request and submit to the consumer and/or legally responsible party
and the staff, in writing, the decision which has been made. In order for a staff to be permitted
to travel out of State with a consumer the following must be met:
 No additional services, other than that which the consumer was already
receiving may be billed as a result of out of state travel; therefore, the staff will
only be paid for their regular shift and the agency will not request additional
hours be added to the POC
 Staffing needs of all consumers the staff works with must be met; therefore, if a
staff works with more than one consumer, they will not be approved to work
out of State unless coverage for their other consumers can be found; even if a
two week notice is given for travel
 The family and/or staff must provide the agency with the travel information and
phone numbers. So the Clinical Supervisor may follow up with supervision as
needed via telephone, the Clinical Supervisor will also review documentation as
a means of supervision
 Respite services may not be utilized while out of state if the consumer is
traveling with the parent/guardian/LRP, since the caregiver is present during the
trip
 LHS nor Medicaid will be responsible for room board, transportation, or any
other cost involved in the travel
 LHS will assume all liability for staff during their planned billable shift while out
of state, the on call system and Clinical Supervisor will be available as needed
per agency policy
Travel cost and arrangements as well as any additional compensation for extra hours worked
that are non Medicaid billable hours, will be a private matter between the staff and the
consumer and/or legally responsible party. The staff is expected to follow all agency policies
and procedures during billable hours and maintain the highest level of integrity while they
represent Lindley Habilitation Services. The agency will only be responsible for the staff’s
behavior and/or activity while working their approved shift.
Note: This policy pertains only to CAP MR/DD consumers; Private Pay consumers may make
other arrangements as necessary.
Implemented 5-12-08
5.6 Categories of Employment
Full-time Employees: Full-time employees are those who are scheduled to work an average of
40 hours per week over a 4 week period. These employees are generally paid on an hourly rate
but may be given a salary if consistently working more than 40 hours a week. Salary shall be
based on the number of hours and type of service being provided. Full-time employees are
eligible for insurance benefits and paid time off.
Part-time Employees: Part time employees are those who are regularly scheduled to work
more than 1 or fewer than 40 hours per week. These employees are paid hourly for the work
performed and/or services provided.
Change in Status: If an employee changes from a part time employee to a full time employee,
either as Direct Care or promoted within the agency, the employee must serve a conditional
employment period the new position for 90 days or 3 months. After the conditional period is
complete, the staff will be eligible for benefits extended to full time employees.
Note: Benefits and salaries are not extended to any employee who works in the Private Pay
Direct Care Services, Tutoring Services, or other services whose hours and funding may not be
consistent.
5.7 Wage Agreement Policy for Working over 40 Hours a Week- REMOVED
5.7.1 Change in Original Wage agreements
Lindley Habilitation does not update/ replace original paper wage agreements (Date of hire)
with new paper wage agreements when rates for services are changed or updated. All wage
rates are posted on the Employee Pay Stub for hours worked. It is the Employees’ responsibility
to notify the agency of any discrepancy in pay rate errors within 5 days of receiving payment for
the current/ last payment cycle. Any changes in wages and rates of payment will be posted via
written memo or letters.
Implementation 4.12.10
5.8 Salary and Payroll
Administrative and Direct care employees are be paid by electronic deposit on the 5th and 20th of
every month. Each employee will be paid according to the wage agreement that was
determined upon hire. All fulltime employees will be paid salary and part-time hourly. The Data
Sheets are due to be turned in no later than the 2nd and 18th of every month or as directed by
the billing department to meet pay write schedules. Every employee is required to submit to
the agency their data for the appropriate pay cycle by the 2nd and the 18th of the month. If an
administrative employee is providing direct care, their compensation for the direct care hours
will be reviewed on a case by case basis to determine salary structure.
5.8.1 Data Sheets and Payment
For the purposes of tracking the amount of time a direct care staff worked with an individual
consumer, staff are required to submit completed data sheets indicating the amount of time
worked for each shift. The data sheets are used as the direct care staff’s timesheet for
individual shifts. Therefore, if a staff fails to turn in data sheets for individual consumers and the
shifts worked, the staff will not receive payment for those hours since the agency has no way to
verify via the LRP signature that the hours of the shift were completed.
All Data sheets are due to the Agency by 5PM on their designated turn in day (the 1st-16th on
the 18th and 17th-31st on the 2nd of each month). Data sheets should be turned into the secured
agency drop boxes located at each Regional office, passed to an LHS representative or
postmarked by the 2nd or 18th to be considered received on time. If at anytime an employee is
aware that they may not be able to meet a due date it is that employee’s responsibility to obtain
permission from their supervisor or emergency on-call, prior to the 2nd or 18th to be considered
for approval for payment within the current pay cycle. Notification of a late turn in does NOT
guarantee the employee will be paid on the current cycle. Datasheets must be turned in by the
agency deadlines which are posted in this Policy and are also posted on the Consumers data
sheets above the signature box. Any data turned in on the following day will be processed on
the following payroll cycle unless otherwise approved.
Implementation 5.1.10
Interpretation: Lindley Habilitation understands that from time to time, holidays, weekends or
miscellaneous things happen that cause data to not be turned in by the assigned deadlines.
Lindley Habilitation will pardon late data to be paid on the current pay cycle, if received no later
than 5PM by the 5th or 20th (2 times per year). On the third time and there after Pay will be
processed on the following pay cycle and disciplinary action will occur as stated in policy
Revised 5.10.10
5.9 Paid Leave
Full time exempt employees (whose full time exempt status does not include of Private Pay
Services or Tutoring Services) are eligible to accrue Paid Leave. Accrual is based on number of
hours or days worked.** Staff will begin accruing paid leave at the time of their full time status
but will be unable to use paid leave until the end of the 3 months/90 days period. No more than
80 hours may be accrued in a one year period. In addition, no employee shall maintain an
excess of 120 hours at any one time. Upon the anniversary date for accrual, the employee may
choose to roll over up to 40 hours of unused paid leave time. Any unused paid leave time unable
to be rolled over shall be lost. Lindley Habilitation Services will not pay out for any unused leave
time for the past year that cannot be rolled to the New Year. In the event an employee is
terminated or resigns, no paid leave shall be paid out. If at any time an employee does not
maintain hours required according to accrual chart, they will no longer accrue paid leave. Once
full time status is regained the employee will be able to use the remaining balance of leave time
already accrued. If staff submits their resignation they will not be able to use any remaining
paid leave hours during the resignation period or to extend their employment with Lindley
Habilitation Services (please refer to Resignation Policy).
In addition, for full-time Administrative staff there will be at least 2 weeks a year when Paid
Leave time will not be allowed. These weeks will center on the time when school systems begin
and end. This is done to ensure there is adequate Administrative Staff to meet the high
demands during these times. The dates are subject to vary by Region. Therefore, each Region
will be notified of there “No Vacation Weeks” no later than the end of February of each year.
Employees with paid leave hours must submit a 2 week written notice in order to take leave
with pay. The employee may use paid leave for any circumstance as long as the 2 week notice is
given. If an employee does not give a 2 week notice then paid leave may not be used. If
coverage for the direct care employees shift cannot be found due to a lack of 2 week notice,
that employee will be responsible to cover the shift and may face disciplinary action if they do
not cover assigned shift.
Note: Benefits and salaries are not extended to any employee who works in the Private Pay
Direct Care Services, Tutoring Services, or other services whose hours and funding may not be
Home Supports
Paid Leave Deduction (Hours / Day)
Home Supports Level 2 working7 days/wk
4.5 h/d x # of days= hours deducted from paid
leave
Home Supports Level 3 working6 days/wk
6.5 h/d x # of days= hours deducted from paid
leave
Home Supports Level 4 working 5 days/wk
8.5 h/d x # of days= hours deducted from paid
leave
consistent.
Interpretation: Paid leave may only be taken for permanent shifts which have been
assigned. An employee may not take Paid Leave for anytime they are not scheduled to
work. This would be considered a “pay out” of benefits and LHS does not pay out Paid
Leave time. If the employee has a regular schedule and the consumer is out of town,
hospitalized or otherwise cannot receive services during the employee’s regular
schedule, the employee may request Paid Leave time for those shifts not worked.
Interpretation: Home Supports: Since Home Supports is billed as a daily rate, a Home Supports
staff must meet the minimum hour requirements for the level of service in order to be paid the
daily rate. As with any Medicaid billed service you must bill a service “unit”. For Home Supports
a “unit” is a day. Therefore, Home Supports staff MUST take paid leave for at least the
minimum number of hours for the HS Level. A HS staff may NOT work part of the day and take
paid leave for the other part due to the inability to bill Medicaid for less than a service “unit”.
**Please see accrual chart
Full time employees eligible for Paid Leave shall accrue 6.75 hours a month for 11 months and
5.75 hours for the 12th month for a total of 80 hours in a one year period. Time must be accrued
before it can be taken.
**Paid Leave Accrual Chart
Home Supports Level 5 working 4 days/wk
12.5 h/d x # of days= hours deducted from paid
leave
Revised 10-19-09
5.10 Time Off Requests
All Employees, regardless of their eligibility for Paid Leave, must submit a Time Off Request
Form 2 weeks prior to the date which they are wanting to take off from any shift or office duties.
If the employee is eligible and has accrued Paid Leave the employee may use paid leave for any
circumstance as long as the 2 week notice is given. If an employee does not give a 2 week
notice then paid leave may not be used. However, the employee may still take time off without
pay if coverage for the direct care employee’s shift can be found. If any employee (those eligible
for Paid Leave and those not eligible for Paid Leave) has not given a two week notice and their
shift cannot be covered that employee will be responsible to cover the shift and may face
disciplinary action if they do not cover assigned shift.
This policy extends to requesting time off for holidays also, see Policy 5.24 in this section.
*This Policy replaces “Leave Without Pay”
Implementation 4.12.10
5.11 Resignation of Employment
Lindley Habilitation Services requests staff to submit a 3 week notice but requires at least a 2
week notice be submitted to their supervisor for any staff leaving an assigned shift. If staff is
requesting a transfer to another case, a two week notice is still required before leaving the
current shift. Administrative staff are required to give at least a one month written notice of
their resignation to their supervisor. Once a letter of resignation has been received the notice
will be considered binding unless otherwise allowed by a Vice President level employee.
Full time Administrative Employees working 40 hours a week and who have any compensation
time accrued must use this time before working their notice or else forfeit this benefit.
Any Employee who has submitted a resignation may not use paid leave during their notice or to
extend employment. All paid leave must be taken before the resignation period. Any unused
paid leave will not be paid out and will be lost. The final paycheck of the employee shall be held
until all pending documentation and belongings of Lindley Habilitation Services or its
stakeholders (keys, corrected data, consumer information, etc.) are returned.
Revised 9-08-08
Revised 3.8.10
5.11A Staff Requesting to Leave a Case
Any staff wanting to leave a case to transfer to another case is required to give a two week
notice and work their current shift for the remainder of the two weeks until they leave or
transfer to a new case.
There are situations in which a two week notice is not required. These situations include but are
not limited to the following:

Safety concerns

Lifting requirements

Inability to run goals according to POC

Consumer behaviors not previously noted

Sudden health issues with consumer/staff (illness, lice,etc.)

Staff injury
If any of these situations occur, the staff should contact their Supervisor immediately to express
concerns and make a plan for transfer.
Situations which do require a two week notice include but are not limited to:

Driving time/Driving distance originally agreed upon

More hours with another consumer

Scheduling conflict
If a staff leaves a case without working a two week notice and without probable cause to leave,
they will be asked to provide an explanation in writing as to the reason for the change. This will
then be reviewed by the Regional Director.
The staff may be placed on hold by the Regional Director while the case is reviewed. When
placed on hold the staff may not interview, train, or do fill-in with any other cases until the
concerns are addressed. They staff may, however, continue working on their current case(s).
If it is determined the staff does not have reasonable cause to leave the case or the staff has
acted improperly disciplinary action may be taken.
Implementation 9-08-08
5.12 Medical Examination & Alcohol & Drug Testing Policy
Applicants As part of Lindley Habilitation Services, LLC, (“LHS”) employment procedures, an
applicant may be required to undergo a post-offer, pre-employment medical examination and
an alcohol and drug screening that are conducted by a physician designated by LHS Employees.
It is the policy of Lindley Habilitation Services, LLC, (“LHS”) to create a drug-free workplace in
keeping with the spirit and intent of the Drug-Free Workplace Act of 1988. The use of controlled
substances is inconsistent with the behavior expected of employees, subjects all employees and
visitors to our facilities to unacceptable safety risks, and undermines LHS’s ability to operate
effectively and efficiently. In this connection, the unlawful manufacture, distribution,
dispensation, possession, sale, or use of a controlled substance in the workplace or while
engaged in LHS business off LHS’s premises is strictly prohibited. Such conduct is also prohibited
during non-working time to the extent that in the opinion of LHS, it impairs an employee’s
ability to perform on the job or threatens the reputation and/or integrity of LHS.
To educate employees on the dangers of drug abuse, LHS has established a drug-free awareness
program. Periodically, employees may be required to attend training sessions at which the
dangers of drug abuse, LHS’s policy regarding drugs, and the availability of counseling will be
discussed. Employees convicted of controlled substance-related violations in the workplace,
including pleas of nolo contendere (i.e., no contest), must inform LHS within five (5) days of such
conviction or plea. Employees who violate any aspect of this policy may be subject to
disciplinary action up to and including termination. At its discretion, LHS may require employees
who violate this policy to successfully complete a drug abuse assistance or rehabilitation
program as a condition of employment.
LHS reserves the right to require employees to undergo appropriate tests designed to detect the
presence of alcohol, illegal drugs, or other controlled substances where it has reason to believe
that an employee may be under the influence of any of these substances. Refusal to consent to
such a test may result in disciplinary action up to and including dismissal.
5.13 Health Insurance
It is the policy of Lindley Habilitation Services to offer health insurance benefits to staff working
40 hours a week, not including respite services hours, Private Pay/Center Based Services or
Tutoring Services hours. Staff are eligible to apply for this benefit when their schedule reaches
40 hours a week. This benefit, however, will not be available until the employee has worked the
40 hour a week schedule for 3 consecutive months/90 days. LHS will pay for 50% of the
employee’s health insurance through the agency’s group policy. An employee may add other
persons to their coverage, however, LHS will assume no financial responsibility for this addition
and the employee will be responsible for 100% of this cost.
An employee is expected to maintain 40 hours a week to continue to receive health insurance
through this agency. If an employee’s status falls below 40 hours a week it will be sent to the
Benefits Administrator for review of termination of coverage. An employee may opt to remain
on the company insurance but will be required to pay for 100% of their coverage.
The employee’s portion of the health insurance will be taken from their paycheck. The total
cost will split with half of the cost being taken out on the paycheck for the 5th of the month and
the other half being taken from the paycheck on the 20th of the month
In the event an employee takes Family Medical Leave and has submitted the correct paperwork,
LHS is required (FMLA) to maintain group health insurance coverage for an employee on FMLA
whenever such insurance was provided before the leave was taken and on the same terms as if
the employee had continued to work. The employee will need to make arrangements with the
Benefits Administrator to pay for their share of health insurance premiums while on leave. If
the employee fails to return to work from FMLA the agency may recover premiums it paid to
maintain health coverage. See Department of Labor FMLA.
5.14 Staff Compliance
All CAP/ MRDD direct care staff are expected to maintain compliance with all Medicaid and
agency requirements. Lindley Habilitation Services will maintain a database for all direct care
staff and their dates for compliance issues per division. The HR Dept will notify staff of trainings
and physicals due 2 months in advance, and all car related items and health questionnaires in
the month in which they expire. This notification will be by email or phone if the staff does not
have email. Staff will be reminded throughout the month if they do not respond the initial
email/phone call. The due date for all compliance issues shall be clearly stated in the initial
contact email as well as reiterated by the HR representative contacting the staff. If staff do not
submit their compliance item by the given deadline, the CS will be notified, and coverage may
be submitted for that staff.
In the instance of trainings required, the staff is required to sign up for needed classes through
the HR Director responsible for compliance issues. If the staff has not signed up for the
appropriate classes by the 15th of the deadline month in which it is due (which is the end of the
month prior to the actual expiration date on the certificate), the Clinical Supervisor will be
notified. If staff do not sign up for trainings or complete the trainings by the given deadline, the
CS will be notified, and coverage will be submitted for the staff.
The consumer(s) will be notified of the staff’s unresponsiveness and resignation. If for some
reason the staff does not complete the needed compliance issues but work after their deadline
Lindley Habilitation Services will not be held responsible for any actions taken by the staff while
they are out of compliance. In addition, if the staff retains employment with LHS they may be
subject to coaching and/or disciplinary action.
Revised 2.9.09
Revised 5.11.09
Revised 7.12.10
5.15 Smoking
No smoking will be allowed by any employee while working with the consumer at any time. In
addition, all offices operated by Lindley Habilitation Services shall remain smoke free. Offices
may designate a “smoking area” for employees, visitors, and/or consumers outside of the
building and at least 50 feet away from the entrance to the building.
The agency recognizes a consumer’s right and the right of the person with whom the consumer
resides to smoke. Lindley Habilitation Services reserves the right to notify potential employees
identified to work with the consumer that there is smoking in the residence by the consumer
and/or family/LRP. The agency will continue to follow agency procedure to cover any open
shifts with staff that do not have an issue with smoking by the consumer and/or family/LRP in
the home.
Any consumer who would like to have information regarding options for smoking cessation shall
be provided with such. This policy is for the health and safety of all employees and consumers.
Revised 2.9.09
Revised 5.11.09
5.16 Incident and Accident Reporting
Whenever a restrictive intervention is utilized, the correct documentation from the State will be
completed and sent to the appropriate LME(s) within the timeframe required by the State.
Therefore, all staff are required to report any accidents or incidents immediately. Staff will
notify their Clinical Supervisor during business hours (M-F 9-6) when the consumer or staff is
involved in an incident or accident. If the Clinical Supervisor is not available or it is after hours,
staff is to leave a voicemail with the Clinical Supervisor and then call the On-Call Coordinator via
the emergency On-Call line.
The Clinical Supervisor or On-Call Coordinator will direct the staff in what incident reports to
complete and the timeline for their completion. All reports are to be completed within 24
hours. The staff may also be directed to contact the Assistant Vice President of
Benefits/Employee Relations immediately if they have been injured.
Failure to follow this policy may result in disciplinary action.
Examples of Incidents include but are not limited to the following:
Hitting, biting, self injurious behavior, behavior resulting in a car accident, kicking, or any
pinching/scratching that causes any injury to staff or consumer, stealing, property destruction,
etc.
Examples of Accidents include but are not limited to the following:
Slips, trips, falls, scratches, bumps, property destruction, behaviors resulting in injuries, etc.
Note: This policy applies only to CAP MR/DD consumers. Private Pay Consumers will only need
an LHS Level on Incident Report completed.
Implementation 7-14-08
5.17 Seatbelt/Restraint Policy
In accordance with North Carolina Department of Motor Vehicle regulations and suggestions each
employee shall abide by the following when transporting any consumer.








Every driver transporting one or more passengers of less than 16 years of age shall
have all such passengers properly secured in a child passenger restraint system or
seatbelt that meet federal standards
A child of less than 5 years of age and less than 40 pounds in weight shall be properly
secured in weight appropriate child passenger restraint system.
In vehicles equipped with an active passenger-side air bag and a rear seat, a child of
less than 5 years and 40 pounds shall be properly secured in the rear seat unless the
child restraint system is designed for use with air bags.
Each front seat occupant who is 16 years of age or older and each driver of a passenger
motor vehicle manufactured with seatbelts shall have a seatbelt properly fastened
about his/her body at all times when the vehicle is in forward motion on the street or
highway.
Children 12 and under should ride buckled up in the rear seat.
Everyone is required (LHS, LLC) to buckle with both lap and shoulder belt on every trip.
Air bags are supplemental protection devices.
The lap belt shall be worn under the abdomen and low across the hips. The shoulder
portion should come over the collarbone away from the neck and cross over the
breastbone.
Driver and front passenger seats should be moved as far back as is practical.
Lindley Habilitation Services is providing this notice of a new law that goes into effect January 1,
2005. The NC Child Restraint and Booster Seat Law may or may not affect your child/consumer.
However, if this law is applicable please note that the family is responsible for providing a
booster seat and the staff is responsible for making sure their consumer is properly buckled in
during any transportation provided. If this law applies to your child/consumer and a booster
seat is not provided as of January 1, the staff will be unable to provide any transportation until
such time as a proper seat is provided. If a staff chooses to provide transportation to a
consumer/child without the proper restraint system, they will receive disciplinary actions and
will be responsible for all legal costs and fines imposed by the state.
All children less than 16 years of age must be properly restrained in a child restraint, booster
seat, or safety belt no matter where they sit.
Children less than the age of 5 and less than 40 pounds must be properly restrained in the back
seat if the vehicle is equipped with an active front passenger side air bag.
When a child reaches age 8 regardless of weight or 80 pounds regardless of age, a properly
fitted safety belt may be used to restrain a child.
If there is no lap and shoulder belt equipped seating position available for using a beltpositioning booster seat, a child less than age 8 and between 40 and 8- pounds may be
restrained by a properly-fitted lap belt only. Warning: belt positioning booster seats must never
be used with just a lap belt.
This law applies to all passenger vehicles with both in and out of state registration. The driver is
held responsible for the proper restraint of all children in the vehicle, regardless of his/her
relationship to the child.
The penalty for not complying with this law is two points on your driver’s license, a $25 fine and
$100 court costs.
5.18 Grooming and Appearance
General Grooming and Dress
The personal appearance of Lindley Habilitation Services, LLC (“LHS”) employees is important to
LHS because the impression that employees make on consumers, consumer’s families and other
visitors influences their image of LHS. Therefore, employees are expected to maintain a neat,
well-groomed appearance at all times, to present themselves in a professional manner, and to
avoid extremes in dress.
Employees are expected to use good judgment in their appearance and grooming, keeping in
mind the nature of their work, their own safety and that of coworkers, and their need to
interact with the consumers, consumers’ family members and/or the public.
Employees who report to work improperly dressed or groomed may be instructed by their
supervisor or manager, at his or her discretion, to return home to change. The time that the
employee is absent for this purpose will be charged toward annual leave or must be made up.
General Guidelines
For purposes of clarifying what does or does not constitute appropriate dress, the following
ground rules shall serve as a guide. In addition to these standards, the Company reserves the
right to address individual issues as they arise.

Jewelry: Due to the nature of the work being performed wedding bands is the only
form of acceptable jewelry.
 Nails: Due to the nature of the work being performed, nails should be neatly trimmed
and the nails should be no longer than the end of the finger. Only fingernail polish that
is in keeping with business dress should be worn.
 Visible Tattoos and Pierced Body Parts: Pierced parts of the body, other than ears, are
an individual’s choice, however, while performing LHS services during working hours an
employee is not authorized to wear such adornments. Tattoos should be covered while
performing LHS services during working hours.
 Fragrance: Mild or light fragrances may be worn by employees. Employees will be asked
to refrain from the use of fragrance if it is irritating to coworkers, consumers or
consumers’ family members.
 Clothing: In general, clothing should be professional in appearance. Shirts with holes,
clothing with inappropriate sayings or pictures (i.e. drugs or alcohol), and/or pants with
holes are not permitted. Shorts and skirts should not have lengths more than three
inches above the knee. Oversized baggy pants which reveal a person’s undergarments
are not permitted. Finally, hats of any nature are not permitted to be worn while on the
inside of a building. However, in the event that work is being performed outside,
baseball style hats are permissible.
 Swimsuits: During the summer months, an employee may perform worked related
services with an LHS consumer at a swimming pool. In that event, it is permissible for a
female employees to wear one piece swimsuits and male employees are to wear
appropriate attire which does not reveal undergarments or under parts.
 Shoes: In general, employees should be mindful of the type of shoe being worn. Shoes
with high heels are not permissible. It is recommended that sneaker style shoes be
worn by employees.
Conclusion
Please use good judgment in your choice of work attire and remember to conduct yourself at all
times in a way that best represents you and LHS. Finally, failing to adhere to proper LHS
standards with respect to grooming, dress and personal appearance will subject the employee
to disciplinary action up and including termination.
5.18A Dress Code Guide for Administrative Staff
Dress Code Guide for Administrative Staff
Administrative Staff of Lindley Habilitation Services is the “face” of the agency. Many times
Administrative Staff are the first to come in contact with families, direct care staff, Case
Managers, potential employees, etc. Therefore, it is imperative that professional dress and
image are adhered to at all times.
No dress code can cover all contingencies so Administrative Staff must exert a certain amount of
judgment in their choice of clothing to wear to work. If there is uncertainty about acceptable,
professional business causal attire for work, Administrative Staff should consult their supervisor
or an Upper Level Supervisor.
Pants and Dresses/Skirts
Acceptable:







Slacks
Khaki pants
Capris
Nice looking jeans
Long shorts (when appropriate for the activity)
Dress and skirt length should be at a length which the person can sit
comfortably in public
Jumper-Style Dresses
Unacceptable
 Torn jeans
 Short shorts (no shorter than above finger tips when hands are by the side)
 Leggings
 Bib overalls
 Exercise pants
 Pants which show undergarments
 Mini-skirts (no shorter than above finger tips when hands are by the side)
 Dresses with spaghetti straps (unless covered) less than one inch
Shirts, Tops, Blouses, and Jackets
Acceptable
 Casual shirt
 Dress shirts
 Sweaters, tops
 Golf-type shirts
 Turtlenecks
 Company Logo Shirts
Unacceptable
 T-shirt type tank tops
 Midriff tops
 Shirts with alcohol/drug references, sexual content, violence, or curse words
 Halter tops without cover ups
 Tops with bare shoulders without cover ups
Shoes and Footwear
Administrative Staff should use good judgment for footwear and the choice should be based on
the job duties to be performed
Jewelry, Perfume, and Cologne
Administrative Staff should exercise good judgment when it comes to jewelry. LHS does place
limits on body piercing allowed for Administrative Staff. LHS will not tolerate pierced tongues,
more than 4 piercing in each ear, ear gauges more than ¼ inch, more than one nose stud, nose
rings, lip, and eyebrow piercing.
Remember, that some employees are allergic to the chemicals in perfumes and make-up, so
wear these substances with restraint.
Hats and Head Covering
Head Covers that are required for religious purposes or to honor cultural tradition are allowed.
In addition, Administrative Staff should be mindful of the duties they are performing when
choosing to wear hats or head coverings. Hats containing sexual content, drug/alcohol
references, violence, or curse words are not permitted.
Conclusion
If clothing fails to meet these standards the employee will be asked not to wear the
inappropriate item to work again. If the problem persists, the employee may be sent home to
change clothes and will receive corrective counseling if necessary. All other policies about
personal time use will apply. This is not an exhaustive list and the management of the agency
may address other issues as needed.
Implementation 11.9.09
**Addendum to the dress code for Home Supports Employees
Employees who are also family members of the consumer are expected to follow agency
guidelines regarding the dress code. It is understandable that while working in their
own home the employee (family member) may wear items which would not be suited
for other activities. Therefore, during community outings, when a supervisor, Case
Manager, or other Medicaid employee is visiting the consumer’s home, the employee
(family member) is expected to adhere to the agency dress code. Items which would
not be considered appropriate for a meeting outside the home should not be worn
during these times.
Implementation 7.12.10
5.19 Doctor’s Release for Work
Lindley Habilitation Services, Inc. management must ensure that employees, before returning to
work after a serious injury or illness, are physically capable of performing their duties without
risk of re-injury or endangering their consumer.
Work Related Injuries: If the cause of the employee’s injury was work related, the employee will
be given a letter and “Return to Work Capabilities Form and Release” to take to the physician
treating them for the injury. If the physician places the employee on restricted duties which
would prohibit them from their normal duties, Lindley Habilitation Services will make every
effort to provide the employee to work a modified duty schedule which is approved by the
physician. The agency reserves the right to use agencies other than LHS, such as but not limited
to: Goodwill and Salvation Army, to meet the hours previously worked by the employee before
the injury. Lindley Habilitation Services will pay the employee for all hours worked in an
alternate agency.
The employee does have the right to sign a waiver to refuse a modified work schedule. If the
employee refuses to work a modified work schedule when one is offered the employee is
waiving their right to compensable wages while out of work due to a work related injury. The
employee may not resume previous duties until cleared by the physician treating the injury and
a “Return to Full Duty” has been issued by the attending physician.
Non Work Related Injuries: In the case of an illness or injury not being a work related, the
employee will be required to provide a note from the physician treating the injury explaining the
injury and any limitations which have been placed on the employee (i.e. lifting). Once the
physician who has been treating the injury and provided the original note has given a written
release for the employee, the employee may return to their normal duties as assigned.
If available, LHS may offer the employee with a non work related injury a modified work
schedule until such time as the employee has been cleared for full duty, however, the agency is
not required to do so. In addition, any full-time employee who meets the requirements for the
Family Medical Leave Act may choose to take advantage of this policy for the time they are
injured and cannot work. The employee must complete and follow all guidelines under FMLA
All forms and doctor’s notes must be submitted to the Assistant Vice President of Benefits to be
processed for both work and non work related injuries.
Implemented 9/08/08
Revised 5.11.09
Revised 7.13.09
5.20 Performance Improvement
Performance improvement may be suggested whenever company management believes that an
employee’s performance is less than satisfactory and can be resolved through adequate
counseling. Corrective counseling is completely at the discretion of company management. The
company desires to protect its investment of time and expense devoted to employee
orientation and training whenever that goal is in the company’s best interests. The company
expressly reserves the right to discharge “at will.” Even if corrective counseling is implemented,
it may be terminated at any step at the discretion of management. Management, in its sole
discretion, may warn, reassign, suspend or discharge any employee at will, whichever it chooses
and at any time.
5.21 Injured Employee
An employee who is injured on the job must contact their supervisor or the on-call supervisor
immediately. Once a description of the incident has been relayed to the supervisor they will
then make the determination if the staff must go immediately to a physician. If the supervisor
believes it is in the best interest of the employee and the agency to be seen by a physician the
employee must do so immediately or they may be subject to disciplinary action. If the
employee and the supervisor determine the injury is not critical the employee may opt to not go
to the physician immediately. The supervisor will notate this in communication log and
supervisory note. If at anytime after the incident the employee believes they need to be seen
by a physician they must contact their supervisor and then they will be sent to the correct
physician.
5.22 Open Case Policy
When a case becomes open (i.e. there are permanent hours to be filled), then LHS Human
Resources Department will attempt to interview and hire staff to fit the needs of the
consumer and family. Following the procedure established, Lindley Habilitation Services
will offer a higher rate of pay “Urgent Coverage” for a period of time to try and fill the
case on a temporary basis until a permanent staff can be identified. Family may choose
to decline “Urgent Coverage” and go without a temporary fill in until a permanent staff is
identified. In the event LHS cannot find a permanent staff in a given time outlined by the
procedures, the family and case manager will receive a letter stating all avenues which
were explored to cover the open shifts. If the family chooses to stay with LHS, Human
Resources will continue to look for appropriate staff but “Urgent Coverage” will not be
offered while these specific shifts remain open.
*Not applicable for services that do not require staffing of cases
Revised 9.13.10
5.23 General Code of Conduct
1. Each employee shall be responsible for reviewing policy and procedures including
additions, changes, and deletions of Lindley Habilitation Services on the agency website.
Employees will be notified when these occur.
2. Each employee shall abide by all policies and/or procedures and may be subject to
disciplinary action if they fail to do so.
3. Employees shall arrive on time for their assigned shift.
4. Employees shall work their entire assigned shift unless otherwise approved by a
supervisor. All shifts must be confirmed with an Agency Administrative staff
(HR/on call/ or Clinical Supervisor) to ensure payment is legal and within
Medicaid Guidelines.
Interpretation: If a family asks a direct care staff to work a shift and the employee
agrees to work the requested shift, it is the direct care staff’s responsibility to contact
the Clinical Supervisor or if after hours the on call supervisor to receive permission and to
ensure that the hours are added to the Consumer calendar for Payroll processing.
All shifts must be approved by On call, Clinical Supervisor or an LHS representative to be
considered having the shift assigned and receive payment by the agency.
Revised 4.12.10
5. Employees shall wear clothes appropriate for the job they are performing.
6. Employees shall not smoke while working directly with a consumer or while in the
vicinity of consumers.
7. Employees shall follow the billing calendar for each consumer with which they work.
Failure to correctly follow the billing calendar of a consumer may result in the employee
only being paid for the approved hours on the calendar. Repeat offenses may result in
disciplinary action.
8. Employees shall complete documentation within 24 hours of the date of service to
comply with Medicaid rules.
9. Employees shall return all agency phone calls within 24 hours
10. Employees shall complete billing error corrections on documentation within the
timeline given by supervisor. Failure to do so may result in the agency’s inability to bill
for time worked and thus the employee will not receive compensation for time worked.
In addition, the employee may be subject to disciplinary action.
11. Employees shall conduct themselves in a respectable manner at all times they are
representing Lindley Habilitation Services.
12. Employees shall treat consumers and families with respect at all times.
13. Employees shall follow the consumer’s Plan of Care at all times.
14. Employees shall report any suspected abuse, neglect, and/or exploitation of consumers
to the appropriate authorities and agency.
15. Employees shall not use foul language while working with consumers, on the premises
of Lindley Habilitation Services, or speaking with any LHS staff.
16. Employees shall report to their supervisor if they are charged with a crime or
misdemeanor immediately.
17. Employees shall not share information regarding consumers with anyone other than
team members which work directly with the consumer.
18. Employees shall report any suspected waste, fraud, or abuse to the Compliance Officer
immediately. The employee may also contact the Hotline to report violations.
19. Employees shall not use drugs or alcohol or assist any consumer in purchasing such
material while on duty.
20. Employees shall not carry any weapon on the premises of Lindley Habilitation Service or
when in the vicinity of any consumer.
21. Employees responsible for the care of any consumer shall not leave the premises at any
point unless relieved by a supervisor or other approved person.
22. Staff are not permitted to talk on their phone or text while billing with their consumer.
Exceptions can me made when speaking with consumer’s family, clinical supervisor, or
when scheduled to meet another staff for a shift change.
23. Staff are not permitted to handle personal business while working with their consumer.
Revised 8.9.10
As an employee of Lindley Habilitation Services, I agree to abide by the General Code of
Conduct. I also understand this is not an extensive list of the Agency’s policies and it is my
responsibility to be familiar with all policies of Lindley Habilitation Services. It is my
understanding by signing the Code of Conduct, failure to abide by the above listed may result in
disciplinary action not to exclude termination.
5.24 Holidays
Employees are not required to work on holidays recognized by Lindley Habilitation Services. An
employee may use paid leave or take the day without pay. Employees must inform their
supervisor if they will not be working on the holiday. If the employee is a direct care staff and
their shift must be covered they must submit their time off request 2 weeks in advance so the
shift may be covered (See 5.9 Paid Leave and 5.10 Leave without Pay).
Holidays recognized by Lindley Habilitation Services which employees are not required to work
are as follows:
New Year’s Day
Easter Sunday
Memorial Day
July Fourth
Labor Day
Thanksgiving Day
Christmas Eve
Christmas Day
If there is a holiday that is not recognized by Lindley Habilitation Services that an employee
would like to take off the employee must submit a time off request form per policy (See Paid
Leave and 5.10 Time Off Policy). Lindley Habilitation Services does not offer paid holidays to
direct care staff. Center Based Services will follow the Guilford County School Calendar and will
be closed accordingly.
Lindley Habilitation Services Administrative Offices in all regions will be closed on all 8 days
listed above as well as Good Friday. However, administrative employees may choose to work at
their discretion and may be available by appointment only.
Administrative staff who are eligible for benefits will receive 5 paid holidays per year. The
agency will allow the Administrative Staff to choose which 5 holidays they would like to take
from the list provided above including Good Friday that can be used to replace Easter Sunday. If
a holiday falls on a day when the Administrative staff does not usually work (i.e. staff only works
a 4 day work week and the holiday falls on the 5th day) the Administrative Staff may choose a
different holiday to take. The 5 paid holidays equal no more than a total of 40 hours.
Therefore, if an Administrative staff usually works a 10 hour work day they will only receive 8
hours off for the holiday and will need to make up the 2 hours within the same month. The
Administrative Staff must notify their supervisor of the holiday(s) they will be taking before the
occurrence of the holiday. Holiday time off cannot be cashed out. If the holidays are not taken
in a calendar year they will not carry over to the next year. Each Administrative Staff eligible for
benefits will receive only 5 paid holidays (40 hours) per year. A record of days taken will be
documented and monitored by administrative staff’s direct supervisor.
Additional holidays may be given to Administrative employees at the digression of the CEO.
Revised 5.19.08
Revised 4.9.09
Revised 6.8.09
5.25 Pornography Policy
Lindley Habilitation Services does not restrict or deny consumers of any rights or freedoms
granted to them under the Consumer Rights section in this manual. Consumers may participate
in whatever activities they choose. However, it is the policy of Lindley Habilitation Services that
employees and consumers are not permitted to purchase, view, attend or in any other way
participate in pornographic related activities or material while they are billing Medicaid services
through the agency. Activities such as these do not address objectives in the consumer’s POC or
fit into any definition of CAP services. In addition, unless specifically stated in the Person
Centered Plan, employees are not permitted to discuss sexually related material with a
consumer.
It is not the intention of Lindley Habilitation Services to deny any consumer of their rights.
Consumers may purchase, view, attend or otherwise participate in activities of this nature when
LHS staff are not working with them. Staff which violate this policy will be subject to disciplinary
action which may include termination.
5.26 OCCUPATIONAL HEALTH AND SAFETY POLICY
Employees who notice hazards or other safety problems at any work location, or feel that they
need additional training, must notify their supervisor. Supervisors and management at all levels will
address these concerns and take corrective action when warranted.
Everyone must be aware of the safety standards for their area or job function. In addition, all
employees must abide by them. Supervisors will work with employees through personal
adherence, personal contact, training, and regularly scheduled supervision meetings which will
address safety issues in addition to other issue. It is the duty of all employees to perform their work
with maximum regard for the safety of themselves and co-workers.
Failure to comply with safety policy and procedures are grounds for disciplinary action or for
termination of employment.
5.27 HEALTH AND SAFETY RULES
In order for a health and safety program to be effective, it is vital that it be understood and
implemented at all levels from management to all employees.
General Workplace Safety Rules

Report unsafe conditions to your immediate supervisor.

Promptly report all accidents/injuries/incidents to your immediate supervisor or on-call.

Follow Dress Code and wear proper clothing for duties performing.

Disconnect power on any equipment or machines before any maintenance, unjamming,
and adjustments are made.

Do not leave materials in aisles, walkways, stairways, work areas, or other points of egress.

Practice good housekeeping at all times.

Compliance with all governmental regulations/rules and all company safety rules in the
following sections is required.

Wear protective gloves when handling bodily fluids and other potentially hazardous
materials.

Use protective gear (i.e. back brace) when needed.

Use correct lifting techniques when lifting consumers and/or equipment.
5.28 Ethics Policy
This policy applies to all Lindley Habilitation Services employees, including part time, temporary
and contract employees.
Lindley Habilitation Services is committed to the highest possible standards of ethical, moral and
legal business conduct. In line with this commitment and Lindley Habilitation Services
commitment to open communication, this policy aims to provide an avenue for employees to
raise concerns and reassurance that they will be protected from reprisals or victimization for
whistleblowing in good faith. If an employee feels that their anonymity is not required then
they should follow our existing grievance procedure.
The whistleblowing policy is intended to cover serious concerns that could have a large impact
on Lindley Habilitation Services, such as actions that:
• May lead to incorrect financial reporting;
• Are unlawful;
• Are not in line with company policy, including the Code of Business Conduct; or
• Otherwise amount to serious improper conduct.
Regular business matters that that do not require anonymity should be directed to the
employee’s supervisor and are not addressed by this policy.
Harassment or Victimization
Harassment or victimization of the complainant will not be tolerated.
Confidentiality
Every effort will be made to protect the complainant’s identity. Please note that the
information provided by you may be the basis of an internal and/or external investigation into
the issue you are reporting and your anonymity will be protected to the extent possible.
However, your identity may become known during the course of the investigation.
Anonymous Allegations
The policy allows employees to remain anonymous at their option. Concerns expressed
anonymously will be investigated, but consideration will be given to:
 The seriousness of the issue raised;
 The credibility of the concern; and
 The likelihood of confirming the allegation from attributable sources.
Malicious Allegations
Malicious allegations may result in disciplinary action.

Reporting
The whistleblowing procedure is intended to be used for serious and sensitive issues.
Serious concerns relating to financial reporting, unethical or illegal conduct, should be
reported by contacting the Agency’s third party monitoring service provider.
5.29 Certificate Request
It is the policy of Lindley Habilitation Services to provide copies of staff certifications, for
trainings provided by the agency, to all current employees who have worked a total of at least
30 hours of direct care services. The agency excludes any employee who has submitted a
resignation notice from receiving their certificates free of charge.
Any employee who has submitted a resignation or any former employee of Lindley Habilitation
Services may request originals or copies of certifications for trainings provided by LHS. Copies
will be provided at a cost set by the agency to cover Administrative costs.
The wait period to receive certificates is 3 business days from the time the request is submitted.
Implementation 10-13-08
Revised 11.9.09
5.30 Automobile Insurance Policy
All employees of Lindley Habilitation Services who will be transporting consumers in their
personal vehicles must provide the agency with a copy of their automobile insurance card. The
insurance information must include the employees name on the policy to be considered valid.
Any employee who does not supply this information to the agency will not be allowed to
transport consumer(s) in their personal vehicles. In addition, the employee is required to supply
the agency with updated copies of insurance cards as the original card expires. If the employee
changes insurance carriers or loses their automobile coverage, they must notify the agency and
supply the needed information. Failure to supply the information needed may result in
disciplinary action up to termination.
Implementation 11-10-08
5.31 Employee Grievances
Any employee of Lindley Habilitation Services who may have a grievance or complaint of any
kind may file a grievance using the following procedure:
1. An employee with a grievance or complaint should complete the “Grievance Form for
Employees” and submit it to their immediate supervisor. **If the grievance is against
the immediate supervisor, the employee may submit the form to a Regional Director.
2. The Supervisor will present the grievance to a Director with all collected documentation
regarding the issue.
3. The Director will consult with an Assistant Vice President and/or anyone else who may
have information pertaining to the grievance before making a decision and then will
follow up with the employee who has issued the grievance.
4. At this time the employee will be asked if they are satisfied with the decision. If the
issue is still unresolved, the Director will inform the employee they have the right to
appeal to the Assistant Vice Presidents. If the employee who issued the grievance
chooses to do so, the Director(s) will meet with the AVPs and relay all information
collected so a final decision can be made.
5. The AVP(s) will review all collected information gathered regarding the issue and
contact the employee for the decision which has been made. The AVP(s) may consult
with the Vice Presidents for guidance.
6. At this time the employee will be asked if they are satisfied with the decision. If the
issue is still unresolved, the AVPs will inform the employee they have the right to appeal
to the Vice Presidents. If the employee who issued the grievance chooses to do so, the
AVPs will meet with the VPs and relay all information collected so a final decision can be
made.
7. The Vice Presidents will meet regarding the issue and all the documentation
accumulated regarding the grievance. Once a decision has been made regarding the
grievance the employee who issued the grievance will be contacted by the Vice
President(s) and informed of the decision.
8. At this time the employee will be asked if they are satisfied with the decision. If the
issue is still unresolved, the VPs will inform the employee they have the right to appeal
to the CEO. If the employee who issued the grievance chooses to do so, the VPs will
meet with the CEO and relay all information collected so a final decision can be made.
9. The CEO may consult with the Advisory Board or the Human Rights Committee if
needed. After which, the CEO will issue a final decision regarding the grievance. The
CEO will meet with the employee and explain the final decision which has been made.
The grievance procedure will be fully documented on the “Grievance Form for
Employees”. The employee who issued the grievance will be asked to sign off on each
step stating they have been fully informed of the decisions that have been made and
whether they agree or disagree and choose to appeal. Once a decision has been
reached by the CEO there shall be no further appeal process. Grievances filed shall be
reviewed by the Vice President of PQI quarterly as well as by the Advisory Board. It shall
be noted on the “Grievance Form for Employees” when policies and or procedures are
changed due to the grievance process.
** Employee will be given a response within 2 business days of the receipt of the
“Employee Grievance Form” at each resolution stage (Director, AVP, VP, CEO) of the
process until the grievance is resolved.
**Family members who are employees of LHS must file a “Grievance Form for Employees”
should the grievance involve issues associated with employment with the agency which could be
experienced by any employee and not a consumer. Should the grievance involve the consumer
and service delivery or other issues against the agency not associated with employment, the
family member who is an employee must file a “Grievance Form for Consumers and Families”.
Implemented 1.19.09
Revised 5.11.09
5.32 Employment at Will
Every direct care employee of Lindley Habilitation Services employed at will and that
employment may be terminated at any time by the employee or Lindley Habilitation Services,
LLC without prior notice or cause and without liability for lost wages.
Employment is for no definite period, and no definite hours per week/month, and may,
regardless of the date of payment of wages and/or salary, be terminated at any time without
cause or any previous notice.
After the employee completes all required training and has participated in the Human Resources
Employee Transition, they will be given a login ID to access the Employee page of the agency
website which contains open cases. Once the login is given, the employee is then responsible
for actively seeking employment hours with consumers. “Actively seeking employment hours”
is defined as:
 Checking open shifts at least weekly for both fill-in and permanent cases
 Contacting the Human Resources department to apply for open shifts
 Attending interviews scheduled with consumers and families to cover open shifts
 Returning phone calls from the agency regarding employment hours for fill-in and
permanent shifts
 Maintaining open communication with Human Resources
 Updating the agency with changes in schedules which may affect employment hours
 Maintaining all certifications and trainings needed to continue working with consumers
 Requesting additional training to increase skill level and qualifications to work with
additional consumers
Employees are expected to continue the processes of “actively seeking employment hours” until
such time as hours needed are achieved. If at any point, the employee loses employment hours,
it is their responsibility to “actively seek employment hours” through the steps listed above.
Implemented 1.19.09
5.33 Taping and Eavesdropping Policy
It is the policy of Lindley Habilitation Services (LHS and/or the Agency) to encourage open
communications among our employees and between employees and management. To facilitate
such open communications, and to prevent the chilling effect that may occur if employees are
permitted to tape or secretly record or surreptitiously listen in on any conversation or
communication, and to ensure compliance with applicable federal, state, and local wiretapping,
eavesdropping, and privacy laws, LHS has instituted the following policy:
Without the prior written authorization of an Agency Vice President or above, no employee may
openly or secretly tape or otherwise surreptitiously record, videotape, any conversation,
communication, activity, or event. This prohibition applies to any conversation, communication,
activity or event which in any way involves the Agency or employees of the Agency, or any
consumers, or any other individuals with whom the Agency is doing business or intending to do
business in any capacity. In addition, any recording or tape may not be published in any venue
such as Youtube, Facebook, Myspace, etc. without the written consent and prior authorization
of an Agency Vice President or above. “Taping” and “Recording” under this policy includes the
taping or recording of any conversation or communication, regardless of whether the
conversation or communication is taking place in person, over the telephone, or via any other
communication device or equipment, and regardless of the method used to tape or record, and
regardless of where the conversation or communication takes place, either on or off the
Agency’s premises, in a consumers home, etc.
Taping and Recording as used in this policy does not include any lawful taping and recording
engaged in by an employee on the employee’s own time, with the employee’s own equipment,
away from the Agency’s place of business, and which does not involve in any manner
whatsoever, directly or indirectly, the business or activities of the Agency or any of its
employees.
From time to time the Agency may tape, record, videotape, or otherwise monitor conversations
or other communications between employees and/or between employees, non-employees, and
consumers for legitimate business purposes, such as the welfare of the consumers and families
served by Lindley Habilitation Services, to protect the integrity of certain business transactions.
Notice may or may not be given to employees prior to such taping or recording.
Violations of this policy may result in disciplinary action against the offending employee(s), up to
and including termination of employment. Where the conduct engaged in is illegal, violators
may also be subject to prosecution under applicable federal, state, or local laws.
Implementation 1.19.09
5.34 Annual Administrative Staff Reorientation
Annually, all Administrative staff will complete a “reorientation”. This reorientation shall
include a review of pertinent policy and procedure changes, a review of the Code of Conduct,
Ethics and Compliance Policy, changes in agency and reporting structure, changes in waiver
services (as they may apply), additional requirements as mandated by State or Federal agencies,
and other items as deemed necessary by Senior Management. Documentation of reorientation
shall be maintained in the Administrative Staff’s personnel folder.
Implemented 2.9.09
5.35 Annual Corporate Employee Evaluations
It is the policy of Lindley Habilitation Services to complete an annual evaluation for all corporate
employees. Supervisors are responsible for obtaining data from relevant team members and
compiling the data in a cohesive manner for review. Each supervisor is responsible for
completing their own evaluation after receiving data and following the agency evaluations
procedure.
Any stakeholder or employee who believes that employment, promotion, training, transfer,
salary adjustment, or salary increment was denied him or her or that demotion transfer, lay-off
or termination was forced on him r her because of retaliation by the Supervisor/team member
for which they reviewed, may appeal through the Employee Grievance procedure as described
in the manual.
Implemented 2.9.09
5.36 Employee Automobile Requirements
Any direct care employee who will be transporting consumers must have a vehicle in working
condition with all required safety standards (seatbelts, see Seatbelt Policy). The direct care staff
must provide a current copy of registration certificate at the time of hire for each vehicle the
employee will be using to transport consumers. Upon expiration of the auto registration, the
employee must submit a new registration for each vehicle being used. If at any point the
employee changes vehicles due to purchase of a new vehicle, use of rental, borrowed vehicle,
etc., the employee must provide the agency with a copy of that vehicle’s auto registration. Any
employee who does not supply this information to the agency will not be allowed to transport
consumers in their personal vehicles. These employees must sign a statement agreeing not to
transport consumers. Any employee who transports consumers without providing the required
information to the agency may receive disciplinary action up to termination.
Current employees will need to provide the agency with a copy of their vehicle registration in
the same month their Car Insurance compliance is due to the agency. This will ensure that all
employees will be compliant with this policy no later than February 9, 2010. Thereafter,
employees will be required to provide the needed information as detailed above in the policy.
Implemented 2.9.09
Revised 3.8.10
Interpretation: NC law has changed to state that in order to have a registered vehicle the vehicle
must first have passed inspection. Therefore, LHS has changed it’s policy to only require
registration and not inspection.
5.37 Leave of Absence Without Pay
A leave of absence without pay may be granted when an absence from the agency is for
prolonged illness or injury, or for any exceptional personal or institutional reason. Leaves of
absence without pay may be granted only after all appropriate accumulated leave has been
used. Such leave must be requested by the employee and approved by an Assistant Vice
President. Any employee (Direct Care or Administrative) may be granted a leave of absence for
up to thirty (30) calendar days without pay when approved by an AVP or higher in order to
preserve the employee's employment rights and benefits. A leave of absence may be granted
only if the employee has full intention to return to Lindley Habilitation Services following the
leave. Only in exceptional situations should a leave of absence be granted to an employee
having less than six (6) months service.
A leave of absence without pay may be requested by the employee and approved by an AVP for
up to 30 calendar days. If at the end of the thirty (30) day period the employee feels an
extension of the leave of absence without pay is needed, the request can be made and
submitted to an AVP. All appropriate documentation from doctors etc. must accompany
additional requests. The AVP has the ability to approve another thirty (30) day leave of absence
without pay. If it becomes necessary for the employee to request additional leave of absence
without pay after the first extension the request must be submitted to a Vice President for
approval. The Vice President may approve a leave of absence without pay for an additional
period of time not to exceed sixty (60) days. If the total 120 days of leave of absence without
pay has been exhausted by the employee the employee will be expected to return to work or
resign.
If an the employees’ leave of absence without pay is due to medical reasons, they will be
required to submit a doctor’s note releasing them to complete work listed on their job
description. If the medical professional places restrictions on the employee’s function this will
be noted and the agency will work to find cases/jobs which the employee may be able to fulfill.
Since a Direct Care employee’s placement on a case is based on the consumer’s choice, it is
possible the consumer chose another employee to fill the position while the former employee
took a leave of absence without pay. In this event, the employee will be expected to follow the
Employment at Will policy and actively seek employment with another consumer.
Benefits

Employees do not receive pay for holidays falling during the leave of absence.


While the period of the leave of absence is counted as length of service in computing
vacation accrual rates, employees do not accumulate vacation or sick leave during the
leave of absence
During the leave period an employee is eligible to continue participation in the agency’s
group health care program and dental insurance. However, the employee is responsible
for coordinating with the Benefits Administrator in order to pay for these benefits while
they are not working.
Implemented 2.9.09
5.38 Nepotism Policy
Lindley Habilitation Services permits the employment of qualified relatives of employees, of the
employee's household, or immediate family as long as such employment does not, in the
opinion of the Agency, create actual conflicts of interest. For purposes of this policy, "qualified
relative" is defined as a spouse, child, parent, sibling, grandparent, grandchild, aunt, uncle, first
cousin, corresponding in-law, "step" relation, or any member of the employee's household. The
Agency will use sound judgment in the placement of related employees in accordance with the
following guidelines:

Individuals who are related by blood, marriage, or reside in the same household are
permitted to work in the same department, provided no direct reporting or supervisor to
subordinate relationship exists. That is, no employee is permitted to work within "the
chain of command" when one relative's work responsibilities, salary, hours, career
progress, benefits, or other terms and conditions of employment could be influenced by
the other relative.

Related employees may have no influence over the wages, hours, benefits, career
progress and other terms and conditions of the other related staff members.
Employees who marry while employed, or become part of the same household are treated in
accordance with these guidelines. That is, if in the opinion of the Agency, a conflict arises as a
result of the relationship, one of the employees may be transferred at the earliest practicable
time.
Implemented 2.9.09
5.39 Continuing Education
Lindley Habilitation Services recognizes the importance of employees participating in continuing
education programs which pertain to their respective profession or position. Therefore, the
agency will provide opportunities for employees to fulfill continuing education requirements for
their respective profession or position. An employee may request assistance in attending
conferences, workshops, etc. offered by various organizations for continuing education credits.
The agency will evaluate the request and how it pertains to the employee’s position and
determine the type of assistance which will be provided (time off, financial assistance for
conference fees, financial assistance for renewal of licensure, etc.). Assistance may vary on the
program/conference cost and location. The agency reserves the right to deny any request for
continuing education programs requested which do non related to or unnecessary for the
position in which the employee currently occupies.
Implemented 3.9.09
5.40 Employee Access to Personnel Records
It is the policy of Lindley Habilitation Services to allow employees limited access to their
personnel record. Access will be limited to only information that pertains specifically to the
employee. If another employee or consumer is mentioned in any report, complaint, etc., this
information shall be blacked out before review by the employee. The employee has the right to
write a rebuttal to be entered into their personnel record for any information they believe is
incorrect. This rebuttal will be noted and entered into the personnel record. Any information
the employee wishes to add to their record or dispute must be valid and truthful. Employees
who wish to review their personnel record must contact the Human Resources Department and
make the request. A Human Resources Director or Clinical Director or above must be present at
the time the employee is scheduled to review their record. If an employee requests copies of
any of the information within the personnel record it will be subject to the reproduction cost as
applicable in 5.29 (Certificate Requests) and 6.10 (Reproduction of Records).
Implemented 3.9.09
5.41 Recruitment, Selection, Promotion and Advancement
When positions become available within the agency, it is the policy of the agency to post these
job listings within the agency before advertising outside of the agency. Lindley Habilitation
Services wants to recognized the value of our current employees and offer them the chance for
promotion and advancement within the agency. The job listing will be posted within the office
area on the Job Board. Another tool which may be used as well is the secure employee page of
the agency website. Employees wanting advancement and promotion are encouraged to apply
for available positions within the agency if they meet the minimum job requirements. All
applicants meeting the minimum requirements for the position will be given the same
consideration.
If at the end of the posting period within the agency has not produced any viable candidates for
the position, the agency may choose to extend the in-house posting or advertise outside of the
agency for qualified candidates. LHS uses a wide variety of advertising forms in order to recruit
qualified and appropriate staff for all available positions. Forms of advertising may include but
not be limited to; employee/family referrals, trade magazines/general media, job boards, job
fairs, college career centers and internet media.
All applicants for positions available at the agency will be provided with the following preemployment information before proceeding with the hiring process. This will allow the
candidate to make the informed decision of whether to proceed with the agency:
1. Full Job Description
2. Training Requirements
3. Educational Requirements
4. Criminal Background Check Fee Information
5. Wage/Salary Information
6. Insurance/Benefits/Direct Deposit Information
7. Transportation Requirements (current driver’s license, own vehicle, proof of car
insurance, inspection)
8. Medical Form
In addition to the pre-employment information, all prospective applicants will be given the
opportunity to speak with current employees.
All Direct Care Staff/Habilitation Technician applicants will be interviewed and selected by the
Human Resources Department. Administrative employee applicants shall be interviewed and
selected by their respective departments.
Each department within the agency will use standard interview questions that comply with
employment and labor laws. All approved standard interview questions for each position are
located in the Appendix of the Policy Manual by their respective departments.
As a final step in the hiring process, each newly hired staff shall supply the agency with three
standard reference forms from the agency website. The HR department or respective
department shall then contact each reference to verify past employment and confirm
references and/or credentials.
Implemented 3.9.09
Revised 6.14.10
5.42 Exposure to Contagious and Infectious Diseases
It is the policy of Lindley Habilitation Services to minimize personnel risk to the exposure of
contagious and infectious diseases by adhering to CDC and OSHA guidelines. The agency
annually trains all personnel on universal disease precautions through the Blood borne
Pathogens Training from the American Red Cross. This training shall be updated and additional
trainings added as recommended by the American Red Cross, CDC, or other State or local health
agencies.
Lindley Habilitation Services shall maintain all medical records related to exposure to contagious
and infectious diseases as outlined by State and Federal guidelines.
Implemented 4.13.09
5.43 Alcohol and Drug Consumption by Consumers
It is not the intention of Lindley Habilitation Services to restrict the personal rights or freedoms
of any consumer in its care. Further, the agency recognizes that it is the consumer’s right to
choose any agency to provide services should they disagree with the policies and procedures set
forth by Lindley Habilitation Services. However, this agency believes it is the responsibility of
the staff and the agency to protect the consumer from harm and danger to themselves or
others. Therefore, the following policy is adopted to protect all stakeholders.
Staff are not permitted to accompany or assist any consumer in the purchase or consumption of
alcoholic beverages or drug use while they are providing direct care services through LHS and
billing Medicaid. The only exception will be if the consumer has an outcome in the Person
Centered Plan to make purchases such as at a grocery store, and they choose to purchase
alcohol and they are of legal age. However, the consumer may not consume the alcohol while
the staff is working their shift. The agency believes this is not a proper use of the resources of
CAP MR/DD funding and not a billable use of time. In addition, all activities within a CAP MR/DD
services shift must reflect the goals and outcomes of the Person Centered Plan. Further, the
consumption of alcohol may inhibit a consumer’s ability to make good choices and follow the
Person Centered Plan that was agreed upon by all parties involved.
Implementation 6.8.09
5.44 Staff Caring for Consumer Siblings
It is against LHS policy as well as Medicaid rules for a staff working with a consumer receiving
LHS or Medicaid services to care for siblings of that consumer at the same time. If a consumer
has an objective to work on sibling interaction the provision should be made to have another
responsible adult caring for the needs of the sibling. Staff will not be responsible for diaper
changes, meal preparation, cleaning, feeding, etc. of another child. Staff is to never be left
alone with a consumer and siblings that cannot care for themselves. Staff are not allowed to
transport anyone other than the consumer in their care due to insurance and Agency liability
issues.
5.45 Consumer/LRP Responsibility for Damage to Staff Property
It is the policy of Lindley Habilitation Services that all staff employees, should take the utmost
care to protect themselves and their property as they provide direct care services to the
consumers of LHS. In the event that a staff’s person or property is damaged by the act of an LHS
consumer or consumer’s family member while the staff is providing direct care services billed
through LHS, the staff must immediately contact their Clinical Supervisor or On-Call support
within LHS. Following that initial contact, but within 24 hours, the staff must submit to the on
call supervisor or their Clinical Supervisor, a written account of the incident and associated
damages. This written account shall be in addition to any required LHS incident report policy
applicable. In addition, staff must obtain and submit to LHS, a written estimate from an
independent third-party for the repair/replacement of the damaged item(s).
Within 24 hours of receiving the initial staff notification of the incident, the Clinical Supervisor or
On-Call support within LHS will contact the consumer, and/or legally responsible person, and
notify them of the damage reported and that LHS has begun reviewing the incident. During this
initial contact with the consumer and/or LRP, the Clinical Supervisor or On-Call Support person
shall inform them that the staff is obtaining an estimate, from an independent third-party, for
the repair/replacement of the damaged item(s) and they will be asked to pay for the
repair/replacement if it is determined the staff was not at fault.
Once the staff has submitted all of the required documentation, the Clinical Supervisor shall
present said documentation to an LHS Vice President for review. The Vice President will review
all documentation and may seek input from LHS’s CEO regarding the incident. If, during this
investigation and review by LHS, it is determined the damages suffered were a direct result of
consumer action, which action could not have been avoided by the staff, and the damages
occurred during the course and scope of the staff’s employment with LHS, an LHS representative
will contact the LRP and/or responsible family member and present the repair/replacement
estimate and request they pay the staff as reimbursement for the damages suffered. LHS will
not accept payment on behalf of a staff member, if such payment is provided as a result of
conduct contemplated by this policy. Said payment shall go directly from the LRP or responsible
party to the LHS staff member.
5.46 Consumer Therapy and/or Doctor Appointment Approval
It is understandable that consumers may receive therapy from various sources as part of their
habilitation efforts. It is the policy of Lindley Habilitation Services to approve staff to attend one
therapy a week and one doctor’s appointment a month with a consumer. However, if possible,
the therapies and doctor’s appointments should be scheduled when CAP MR/DD services are
not scheduled to be provided by this agency.
Limits to the number of therapies and appointments staff are allowed to attend are necessary
due to the agency’s inability to provide direct care services and bill Medicaid during the time a
consumer is receiving services from a Therapist or Doctor. Therefore, the direct care staff shall
only be paid the current training rate while attending therapies and/or doctor’s appointments.
In addition, a staff’s time to work on outcomes in the Plan of Care is reduced when they are
scheduled to work during multiple therapies.
All requests for a staff to attend one therapy a week and/ or one doctor’s appointment a month
must be approved prior to the occurrence by the Clinical Supervisor. When additional time is
requested for therapies and/or doctor’s appointments, the parent and/or guardian must submit
the request in writing to the Regional Director for review and approval before a direct care staff
may attend additional therapies and/or appointments.
The following guidelines will be used by the Clinical Director and above to determine if
additional therapies and appointments may be approved:
 Does the need for the consumer to be taken to an appointment or
therapy fall within the service definition for the services which are
provided by LHS or is there another service/support which should be
utilized first (i.e. medical transportation, natural supports, etc.)
 Does the consumer have maladaptive behaviors which require behavior
management techniques and training that would be of assistance and
for the safety and protection of the family, consumer, and Professional
 Does the consumer have lifting requirements which the family or and
other Professionals are not equipped to provide
 Is the need for additional approvals due to special circumstances which
have a beginning and ending date (i.e. follow up visits after surgery)
After an evaluation a Director may approve no more than 2 therapies per week or 2 Doctor’s
appointments per month. Any additional requests beyond these guidelines, or in the case the
request for additional visits were not approved, the request/appeal would need to be taken to
the Assistant Vice President of Clinical for further evaluation.
Note: This policy only applies to CAP MR/DD consumers. A Private Pay consumer may have the
staff take them to and participate in appointments and therapies as long as it is covered
financially by the signed contract.
5.47 Probationary Period
Each staff hired by Lindley Habilitation Services shall undergo a 90 day probationary period. This
period begins upon the staff’s hire date and extends 90 days from that point. Upon hire the
staff must disclose all dates within the next 90 days they will be unable to work due to
previously planned or scheduled activities. Other than the disclosed dates the staff will not be
granted an excused time off request for any additional dates unless it is due to sickness or a
death in the family. In the case of illness a doctor’s note will be required from the staff. If the
staff is hired as a full time employee they will begin accruing time off as noted on the accrual
schedule, however, no time will be allowed to be taken until the 90 day probationary period has
been completed.
11.09.09
5.48 Texting and Phone Use While Driving
Any staff conducting agency business (i.e. DC staff working with a consumer, CS driving to
meeting/supervision) shall not use any device to text, receive, or make phone calls. If there is an
emergency while driving and it is necessary for the driver to use the phone, they must pull over
to a safe location before beginning the call. The only exception shall be an administrative staff
on company business, which does NOT have a consumer in the vehicle that has a hands free
device. However, even with this precaution taken the driver should only be involved in a phone
conversation for a brief period of time and only if absolutely necessary. The driver should pull
over to a safe location to return the call if the conversation will be lengthy or in depth and cause
the driver distraction. In the case of an accident while driving, the agency reserves the right to
obtain the employees phone records to determine if texting or talking on the phone could have
contributed to the accident.
Implementation 11.9.09
Revised 8.9.10
5.49 Emergency Coverage for Habilitation Technicians
From time to time LHS may offer Emergency Coverage rate for open fill-in shifts which have not
been filled in a certain timeframe or have come open unexpectedly. All Emergency Coverage
will be offered by the Human Resources Department or Emergency On Call and must be
confirmed with the Clinical Supervisor before it is approved. Emergency Coverage shall not be
given due to school being delayed, cancelled, or released early. In addition, emergency
coverage will not be offered for a shift that was requested less than 2 weeks before the date of
service.
Implementation 1-18-10
5.50 Inclement Weather and Weather Codes
When weather conditions warrant school closings or other State issued emergency warnings,
the agency will monitor and post the Employee Code which applies for specific Regions. The
Employee Code will be posted to the agency website as well as to local TV channels.
Administrative Staff are required to regularly check weather updates and answer their phones
(per employee code) if they are scheduled to work as well as contact their immediate supervisor
to receive approval/instruction on working from home when an Employee Code is issued.
If the Weather Code allows for a Direct Care staff to work despite conditions and the staff
chooses not to work, they must contact the consumer/family as well as their supervisor to
inform them they will not be covering the shift. The consumer/family may contact the Clinical
Supervisor or Emergency On Call (after hours) to request coverage. LHS will work on filling the
open shift, however, Emergency Coverage will not be offered to staff.
*If school is cancelled due to weather, Center Based services will be cancelled also.
Implementation 1-18-10
5.51 Family/LRP Driving Staff
1. There may be occasion for a family/LRP to transport a staff to/from a shift. Since this should
take place either before or after a staff’s shift and they will not be billing services during this
time, thus, not including this time on their timesheet, this shall be considered a contract
between those two parties. Lindley Habilitation Services will not ask a family to transport a staff
nor do they encourage this practice since staff are asked to have their own transportation to
and from work.
2. In addition, during a staff’s shift they may be a passenger in the family/LRPs vehicle on
outings with the consumer to engage in the community with their family. During this time, the
family/LRP will be responsible for any injury to the staff caused by an accident as it should be
covered under their car insurance.
Implementation 3.8.10
5.52 Offering Suitable shifts to employees
Lindley Habilitation offers shifts for all employees per region that they are hired within and
based on specified medical requirements/ limitations by a licensed physician. When Lindley
Habilitation offers a shift(s) to an employee the employee may choose to turn down the shift
offered due to distance, duration or type of service provided, with the understanding that once
a shift is offered on days the employee is available, the employee may not be eligible for
Unemployment benefits for the duration of the shift offered on that day(s). All Shifts are
considered Part time and PRN.
Implementation 3.8.10
5.53 Overnight Shifts
Due to CAP MR/DD service definition for Respite Services staff are not allowed to be reimbursed
for sleep time. Therefore, when a CAP MR/DD consumer needs overnight services staff are
expected to work with the consumer until the staff sleeps and no later than 11pm. The staff are
able to clock back in when they wake up the following day and any time during the night the
consumer requires attention.
During the time the staff are clocked out (sleeping time) they are not paid by LHS and should not
be considered an LHS employee. The family may offer a private contract to the employee that
would include payment for their sleep time. However, LHS would not be a party in this
agreement and can not keep either party accountable for the private contract made between
the two parties.
Any overnight services needed for Private Pay consumers would require a separate contract
which may or may not include sleep time pay depending on the agreement made. If sleep pay is
not included in the contract then the staff would not receive payment for this time. If sleep pay
is included this will be given to the staff at a sleep rate for the services rendered.
Implementation 4.12.10
5.54 Withholding Staff Pay for Family Items
It is the Policy of Lindley Habilitation that all Consumer items given to an LHS employee be
assigned a value and recorded on the Tracking of Consumer Items and Withholding of Employee
pay form. The form will be signed by the employee, LRP/consumer, and an agency
representative. Each item listed must be returned when the staff leaves the case for any
reason. If any item is not returned or returned damaged (other than normal wear and tear) the
value of that item(s) will be deducted from the staff’s pay. The Clinical Supervisor or other
appointed representative will review the form and item(s) with the staff and LRP/consumer
upon receipt. Staff will be notified of what dollar amount will be withheld from their pay for the
item(s) missing. If staff returns the item in satisfactory condition they may recoup their
withheld pay.
Implementation 4.12.10
5.55 Appropriate Touch
It is the policy of LHS to allow appropriate touch of consumers by all employees. Appropriate
touch for family members working with consumers differs from appropriate touch by a non
family member working with a consumer. Kisses, hugs and family affection are allowed and
encouraged by family members while employed and billing services through LHS. However, this
may not be appropriate for non family members of consumers. It is sometime difficult for family
members as employees to unlearn behaviors after years of time together with the person they
are now working with. LHS does remind family members as staff to remember that while billing
Medicaid services they are acting as a professional and an employee, and are regulated by the
same laws rules and standards as other LHS employees. Therefore, family members
(Employees) will need to learn and be made aware of new employment boundaries while
working with family members (Consumers).
There are some behaviors which are strictly prohibited by all LHS employees (including family
members) .These actions will result in coaching and disciplinary action up to termination for any
employee found engaging in the following behaviors:

Throwing consumers in the air and catching

Spanking or any corporal punishment (see also the Policy 2.3 Prohibited Interventions)

Sitting on a consumer or other possible “rough housing”

Sexual contact for employees working with a consumer who is also their spouse or may
otherwise be intimately involved. In these rare situations the employee may not engage
in intercourse while working as a LHS employee/ Billing Medicaid.
Implementation 7.12.10
5.56 Calling Off a Shift
It is understandable from time to time an employee will become ill, have a family
emergency, experience car trouble, etc. which will require them to call off a shift at
short notice. When this occurs the employee must contact their supervisor or the oncall line immediately so coverage for the consumer can be found. At anytime an
employee calls off a shift the supervisor can request some form of documentation
explaining why they could not work the assigned shift. Documentation may include but
not be limited to: a doctor’s note, bill from a mechanic, copy of an airline/bus ticket if
having to leave town for family emergency, etc. If requested these items must be
received by the supervisor no later than 3 days after the employee returns to work. The
items must also be dated either the day before the shift, day of the shift, or day
following the shift. Paid leave may be taken by the employee if approved by the
supervisor. If documentation is required for verification of the reason the employee
called out and it is not provided by the timeframe given, the employee may face
disciplinary action up to termination.
Implementation 7.12.10
5.57 Employment of Family Members of Consumers
It is the Policy of Lindley Habilitation services to encourage the most appropriate support of
consumers. This includes the hiring of qualified family members who can meet LHS/ Medicaid
standards of employment to work with consumers. Family members are permitted to attempt
the hiring process but are not guaranteed to become a LHS employee. In addition to being hired
by LHS to work with their family member, it may also be required by the State and LME for the
family member of the consumer to receive permission to work with the consumer.
Family members who do not meet minimum Medicaid standards of a High school diploma, GED,
Criminal record, required trainings and agency standards of the employee interview process
would not be considered for employment by Lindley Habilitation Services.
Persons hired to work with a consumer who is their family member may be asked to sign an
agreement that they will only to work with the consumer/ family member who they were
originally hired by the agency to work with. This agreement is made for unemployment reasons
and skill sets of the employee and the needs of the consumer base of the region employed.
Hours the consumer receives are based on consumers Cost Summary which was agreed upon by
the Legally Responsible Party (LRP) and approved by the authorizing entity for Medicaid
approval. The assignment of hours for employees is authorized by the Clinical Supervisor or the
on call support team in conjunction with the LRP. The LRP is not the employer and does not
have the authority to approve hours for payroll. The LRP does have the right to inform the
Clinical Supervisor how they would like hours dispersed within Medicaid guidelines and in
conjunction with the Clinical Supervisor or On call support team.
Interpretation: Home Supports is the only CAP Medicaid service with may be provided by the
LRP. For each Home Supports staff the agency will write a letter for to LME to verify that the
LRP meet the minimum employment standards specified in 10A NCAC 27G.0100-.0200.
Implementation 7.12.10
5.58 Sexually Related Conversation
LHS expects all employees to meet agency standards in regards to sexual
innuendo/inappropriate sexual conversations. Conversations containing items related to sexual
activity that are not written into the consumer’s person centered plan without clear therapeutic
intentions and explanation of how the goal is to be run should not take place while an employee
is billing services through Lindley Habilitation Services. If such conversation is discovered by the
agency immediate disciplinary action up to termination will result.
Implementation 7.12.2010
5.59 Requesting Personal Financial Information
Pay stubs
Lindley Habilitation Services provides each employee with a pay stub via electronic mail each
pay cycle. It is the employee’s responsibility to save/print/store their pay stubs as they are
made available according to IRS regulations.
LHS understands their may be occasions where employee need to obtain another copy or
reprint of the above item. In such cases the employee must make the request via email to the
accountant. Requests are limited to 2 pay stub’s within the calendar year. The accountant will
have the information available to the employee within 5 business days of the receipt of the
email.
W-2’s (Most recently issued year)
LHS provides each employee a W2 form no later than January 31 for the previous year. It is the
employee’s responsibility to save/print/store their W2 as they are made available.
If W-2’s are available prior to the 31st, Employees will be notified via Memo/ email of early pick
up date.
W-2’s (Other years)
If an employee needs a W2 from a past year and they cannot locate it they may Call 800-7721213, or visit the Social Security Administration web site at www.socialsecurity.gov for
instructions on how to obtain wage information from the SSA.
Implementation 9.14.2010