BSM Connection™ Prototype Manual Prototype Policy and Procedure Manual INSTRUCTIONS FOR USE This sample Prototype Policy and Procedure Manual is intended to assist you in customizing your own employee handbook and is provided with the caveat that your Practice handbook may be more specific than the one provided herein since policies vary based on state law, the size of your practice group, the number of employees, benefits offered, and various other factors. Therefore, this handbook is intentionally broad and should be supplemented and modified according to the needs of your Practice. The informational boxes that appear at the end of various sections of this handbook are for the employer’s information and should be removed before the handbook is distributed to employees. While the information provided in this handbook is intended to be complete and accurate, it is not intended to be legal advice. Employment laws vary by state; this handbook does not specifically cover the laws of your state. BSM Consulting is not responsible for any errors or omissions. BSM Consulting is not supplying legal or professional advice in distributing this handbook. The guidance of an attorney familiar with your state’s laws is essential in creating an effective and accurate employee handbook. Contact an employment attorney licensed to practice in your area for state-specific information. For assistance in finding an attorney, contact the American Bar Association at 1-800-285-2221. © 2007, BSM Consulting All Rights Reserved. Sample PROTOTYPE POLICY AND PROCEDURE MANUAL {Practice Name} TABLE OF CONTENTS ACKNOWLEDGEMENT OF RECEIPT ...................................................................................... 1 INTRODUCTION ....................................................................................................................... 1 Purpose of the Practice .................................................................................................. 1 Purpose of this Handbook .............................................................................................. 2 At-Will Employment ........................................................................................................ 2 WORKPLACE COMMITMENTS ................................................................................................ 3 Equal Opportunity Employment ...................................................................................... 3 Harassment/ Non-Discrimination Policy .......................................................................... 3 Open Door Policy ........................................................................................................... 4 PRACTICE POLICIES AND PROCEDURES ............................................................................ 5 Uniforms ......................................................................................................................... 5 Personal Appearance ..................................................................................................... 5 Smoking ......................................................................................................................... 5 Personal Phone Calls ..................................................................................................... 5 Cell Phone Usage .......................................................................................................... 5 Electronic Media and Services ....................................................................................... 5 Personnel Files............................................................................................................... 6 EMPLOYEE CLASSIFICATION ................................................................................................ 7 Probationary Employees ................................................................................................ 7 Regular Full-Time Employees ........................................................................................ 7 Regular Part-Time Employees ........................................................................................ 7 Temporary Employees ................................................................................................... 7 Per-Diem Employees...................................................................................................... 7 On-Call Employees......................................................................................................... 7 WORKING HOURS, BREAKS, AND TARDINESS POLICIES .................................................. 8 Working Hours................................................................................................................ 8 Breaks ............................................................................................................................ 8 Tardiness ....................................................................................................................... 8 EMPLOYEE BENEFITS ............................................................................................................ 9 Medical/ Dental/ Life Insurance Coverage ...................................................................... 9 Retirement Plan.............................................................................................................. 9 Workers’ Compensation ................................................................................................. 9 Continuing Education ....................................................................................................10 Vacations ......................................................................................................................10 Sick Leave .....................................................................................................................11 Holidays ........................................................................................................................11 Personal Time Off .........................................................................................................11 Funeral Leave ...............................................................................................................11 Leave for Performance of Civic Duties...........................................................................12 Military Leave ................................................................................................................12 Leave of Absence ..........................................................................................................12 Family and Medical Leave Act (“FMLA”) Leave .............................................................13 COMPENSATION POLICIES ...................................................................................................15 Pay Periods ...................................................................................................................15 Recording of Time .........................................................................................................15 Overtime Pay.................................................................................................................15 Double-Time ..................................................................................................................16 Weekends .....................................................................................................................16 Holidays Worked ...........................................................................................................16 STANDARDS OF CONDUCT ...................................................................................................17 Expectations ..................................................................................................................17 Performance Evaluation ................................................................................................17 Grounds For Disciplinary Action ....................................................................................17 TERMINATION .........................................................................................................................19 COBRA Continuation of Health Benefits ........................................................................19 DRUG/ALCOHOL ABUSE .......................................................................................................20 ORGANIZATIONAL CHART ....................................................................................................21 ACKNOWLEDGEMENT OF RECEIPT * This is the employee’s copy. Keep this copy with the handbook. I acknowledge that I am in receipt of [Practice Name] policy manual and understand that it contains important information about the Practice’s policies and procedures. I understand that I am expected to read this manual, familiarize myself with the material, and adhere to the policies that are outlined in the manual. I understand that this handbook is intended to provide me with a general overview of the Practice’s policies and procedures. I acknowledge that nothing in this handbook is to be interpreted as a contract, express or implied, or an inducement for employment, nor does it guarantee my employment for any period of time. I understand and accept that my employment with the Practice is at will. I have the right to resign at any time with or without cause, just as the Practice may terminate my employment at any time without cause or notice, subject to applicable laws. I understand that nothing in the handbook or in any oral or written statement alters the atwill relationship, except by written agreement signed by the employee and [enter authorized person’s name]. I understand that the Practice can change, rescind, or add to the policies, benefits or practices as described in the manual at its sole and absolute discretion (with or without prior written notice). It is my understanding that the Practice will attempt to provide adequate notice before any new policies or procedures are put into effect, but it is not required to do so. I understand that I am personally responsible for keeping my orientation manual current with policy updates. _________________________________________ Employee’s Signature _____________________ Date _________________________________________ Signature of Practice Representative _____________________ Date ACKNOWLEDGEMENT OF RECEIPT * This is the employer’s copy. Detach this copy and retain for records. I acknowledge that I am in receipt of [Practice Name] policy manual and understand that it contains important information about the Practice’s policies and procedures. I understand that I am expected to read this manual, familiarize myself with the material, and adhere to the policies that are outlined in the manual. I understand that this handbook is intended to provide me with a general overview of the Practice’s policies and procedures. I acknowledge that nothing in this handbook is to be interpreted as a contract, express or implied, or an inducement for employment, nor does it guarantee my employment for any period of time. I understand and accept that my employment with the Practice is at will. I have the right to resign at any time with or without cause, just as the Practice may terminate my employment at any time without cause or notice, subject to applicable laws. I understand that nothing in the handbook or in any oral or written statement alters the atwill relationship, except by written agreement signed by the employee and [enter authorized person’s name]. I understand that the Practice can change, rescind, or add to the policies, benefits or practices as described in the manual at its sole and absolute discretion (with or without prior written notice). It is my understanding that the Practice will attempt to provide adequate notice before any new policies or procedures are put into effect, but it is not required to do so. I understand that I am personally responsible for keeping my orientation manual current with policy updates. _______________________________________ Employee’s Signature _____________________ Date _______________________________________ Signature of Practice Representative _____________________ Date 1 INTRODUCTION PURPOSE OF THE PRACTICE The ultimate purpose of this Practice is to provide the highest quality of care to our patients. This commitment to the highest quality of care is paramount in this Practice. We want to provide the best health care possible, and we want to do that in the proper environment. In addition to having the proper facility and equipment, we are dedicated to hiring the right personnel of the highest quality. With the right personnel, equipment, and facility, we are able to provide excellence in treating our patients. As employers, we welcome the responsibility to provide a work environment that allows our employees to be happy and to grow. We have made every attempt to be fair in our hiring practices, and that doctrine of fairness is one for which we shall strive in our relationship with each employee. We are dedicated to providing a safe and positive work environment for employees. When you are bothered by something in your environment, we want you to feel free to tell us, and we will listen. We are committed to open communications and expect you to participate in seeking improvements that result in better patient care and more efficient ways of doing things. The Practice is organized to provide the best possible medical care to the patient. Due to the demands on physician time, the Practice will delegate authority to the practice manager. The practice manager reflects the policies of the Practice and needs your cooperation, just as the physician does. We work as a team. Whether your job is working directly with patients or strictly clerical, the tasks performed contribute to the quality of patient care. Each team member needs to be supportive of the others. Your job is an important one. We are here for a common purpose. Your role is important! What you say, what you do, and how you do it should contribute substantially to the care of the patient. Remember our goal: THE HIGHEST QUALITY OF CARE TO OUR PATIENTS! 1 PURPOSE OF THIS HANDBOOK The contents of this handbook are presented as a matter of information only. While [Practice Name] believes in the plans, policies, and procedures described here, they are not conditions of employment. This handbook provides an overview of the work environment and is not intended to be an all-inclusive or strict interpretation of the Practice’s policies. It is designed to tell you what the Practice expects from you, and what you can expect from us. The structure allows for a lot of routine things to happen automatically and eliminates misunderstandings. The Practice reserves the right to modify, revoke, suspend, terminate, or change any and all such plans, policies, or procedures, in whole or in part, at any time, with or without notice. This handbook supersedes and replaces all personnel policies and manuals previously distributed, made available or applicable to employees. AT-WILL EMPLOYMENT The language used in this handbook is not intended to create nor is it to be construed to constitute a contract, express or implied, guarantying employment for any length of time. All employees are reminded that they are considered employees at will and may be terminated without cause or notice at any time. This at-will relationship exists regardless of any statements by office personnel to the contrary. Only [insert authorized person’s name] is permitted to modify the at-will relationship between the Practice and an individual employee, and the modification must be in writing. Some states limit the terms of at-will employment. Consult with an employment attorney regarding your state’s laws. 2 WORKPLACE COMMITMENTS EQUAL OPPORTUNITY EMPLOYMENT [Practice Name] is an equal opportunity employer. It is the policy of the Practice to recruit, hire, place, compensate, promote, discipline, and terminate employees in a manner which does not discriminate against any individual because of race, color, religion, creed, marital status, veteran status, national origin, sex, age, disability, or any other status protected by applicable law. The Practice will make reasonable accommodations for qualified individuals with disabilities to the extent required by law. Employees who would like to request a reasonable accommodation should contact [enter authorized person’s name]. Workplace discrimination is prohibited by several federal laws that are enforced by the U.S. Equal Opportunity Commission. Employers should include any statements in this section that are required by more stringent state and/or local laws, such as those laws that recognize additional protected classes beyond those protected by federal laws. HARASSMENT/ NON-DISCRIMINATION POLICY In keeping with the Practice’s policy of equal opportunity employment, the Practice will not tolerate any form of discrimination or harassment based on race, color, creed, religion, sex, national origin, age, disability, marital status, veteran status or any other status protected by applicable law. Violations of this policy will not be tolerated. Discrimination includes, but is not limited to making an employment decision or taking an employment-related action based on any of the protected statuses enumerated above. Harassment is unwelcome verbal or non-verbal conduct based upon a person’s protected characteristics and which affects a person’s employment opportunities or benefits, has the purpose or effect of unreasonably interfering with the person’s work performance, or has the purpose or effect of creating an intimidating, hostile or offensive working environment. Harassing conduct includes, but is not limited to: epithets; slurs or negative stereotyping; threatening, intimidating or hostile acts; and denigrating jokes and display or circulation in the workplace of written or graphic material that denigrates or demonstrates hostility or aversion toward an individual or group based on their protected characteristic. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal, visual or physical conduct of a sexual nature, when either: 1. Submission to such conduct is made either explicitly or implicitly a term of an individual’s employment; 2. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such an individual; or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. Examples of sexual harassment include, but are not limited to: unwelcome or unsolicited sexual advances; displaying sexually suggestive material; unwelcome sexual flirtations, advances or propositions; suggestive comments; verbal abuse of a sexual nature; sexually oriented jokes; 3 crude or vulgar language or gestures; graphic or verbal commentaries about an individual’s body; display or distribution of obscene materials; physical conduct such as patting, pinching or brushing against someone’s body; and physical assault of a sexual nature. Any employee who observes or is involved in harassing or discriminatory actions should report the incident to the practice manager immediately. If the employee’s immediate supervisor is the source of the alleged harassment, the employee should report the problem to the practice manager. The Practice will promptly investigate all such allegations and take action as appropriate based on the outcome of the investigation. The investigation and its results will be treated as confidential to the extent possible. The Practice will not retaliate against an employee who makes a complaint in good faith regarding a violation of these policies, or for participating in good faith in an investigation pursuant to these policies. If an employee feels that he/she has been retaliated against, the employee should file a complaint using the procedures set forth above. OPEN DOOR POLICY The Practice has an open door policy and takes employee concerns and problems seriously. The Practice values each employee and strives to provide a positive work experience. Employees are encouraged to bring any workplace concerns or problems they might have or know about to their supervisor, practice manager, or some other member of management. 4 PRACTICE POLICIES AND PROCEDURES UNIFORMS The Practice will provide scrubs for medical personnel, including RNs and technicians. Those employees who are provided scrubs are expected to wear them on a daily basis. Upon termination, the employee is expected to return the scrubs to the Practice. PERSONAL APPEARANCE An employee’s personal appearance and hygiene is a reflection on the Practice. Employees are expected to dress appropriately for their individual work responsibilities and position. Medical staff should wear a lab coat or uniform at all times. SMOKING There will be no smoking in the office or at the visitor entrances to the building. PERSONAL PHONE CALLS This office permits certain limited personal calls. Calls to arrange transportation, to check on the safety of immediate family members, and other such calls can be made provided that they are brief. They must be local calls and must be made at a time when they do not interfere with your work and may not cause you to fall behind in your duties. Incoming calls must be kept extremely short. These calls are discouraged. All personal calls must be made out of hearing range of patients. Our patients need your full attention. CELL PHONE USAGE The Practice discourages the use of personal cell phones while working. The use of cell phones during breaks is to be restricted to the break room only. The office reserves the right, in its discretion, to restrict any employee's cell phone use during business hours to the extent necessary to ensure work efficiency and to comply with Practice policies. Any employee found to be abusing the cell phone policy will be subject to disciplinary action. ELECTRONIC MEDIA AND SERVICES Employees may have access to one or more forms of electronic media and services (i.e., computers, e-mail, online services, and the Internet). The Practice encourages the use of these media and associated services because they make communication more efficient and effective and are valuable sources of information. However, electronic media and services provided by the Practice are Practice property, and their purpose is to facilitate Practice business. 5 The following conditions apply to all electronic media and services that are accessed on or from the premise of the Practice; accessed using Practice computer equipment, or via Practice-paid access methods; and/or used in a manner that identifies the individual with the Practice: Electronic media may not be used for knowingly transmitting, retrieving, or storing any communication of a discriminatory or harassing nature, or which is derogatory to any individual group, or which is obscene or X-rated, or of a defamatory or threatening nature, or for “chain letters,” or for any other purpose which is illegal or against Practice policy or contrary to the Practice’s interest. Electronic media and services are primarily for business use. Limited, occasional, or incidental use of electronic media (sending or receiving) for personal, non-business purposes is acceptable, as is the case with personal telephone calls; however, employees may not abuse the privilege. The Practice reserves the right, in its discretion, to review any employee’s electronic files, messages and usage to the extent necessary to ensure that electronic media and services are being used in compliance with the law and with this and other Practice policies. Employees should not assume electronic communications are private or confidential and should transmit highly sensitive information in other ways. Any employee found to be abusing access to electronic media or services will be subject to disciplinary action. Privacy laws are relatively new and vary from state to state. Consult with an employment attorney regarding your state’s privacy laws. PERSONNEL FILES The Practice maintains a personnel file on each employee. These files are kept confidential to the extent possible. Employees may review their personnel file on request. It is important that personnel files accurately reflect each employee’s personal information. Employees are expected to inform the Practice of any change in name, address, home phone number, home address, marital status, number of dependants, or emergency contact information. Employers should consult state and local law regarding any provisions relating to employee access to personnel files. In the absence of such a provision, the Practice may not be required to allow employees to have access to their personnel files. However, the Practice may nonetheless allow employees to have access. In the event that the Practice allows employee access, the Practice may want to consider limiting the access to appointment only during normal business hours. 6 EMPLOYEE CLASSIFICATION PROBATIONARY EMPLOYEES The first ninety (90) calendar days of your employment with the Practice is considered to be your probationary period. The Practice reserves the right to extend this period whenever it deems such an extension appropriate. This ninety-day (90) probationary period does not affect the employee’s status as an at-will employee, and hence, the employee may be terminated at any time with or without cause. Either you, on two (2) weeks notice, or the Practice reserve the right to terminate the employment relationship at any time, with or without cause. REGULAR FULL-TIME EMPLOYEES An employee who regularly works a minimum of forty (40) hours per week on a continuing basis, and who has completed the probationary period, is considered to be a regular full-time employee. REGULAR PART-TIME EMPLOYEES An employee who regularly works less than forty (40) hours per week, and who has completed the probationary period, is considered to be a regular part-time employee. TEMPORARY EMPLOYEES A temporary employee may be hired to work on a part-time or full-time basis, but generally is scheduled to terminate his or her employment by a certain date. Temporary employees who remain on duty past the scheduled termination remain classified as temporary. Only [enter authorized person’s name] may change an employee’s temporary status. Temporary employees are not eligible for employment benefits. PER-DIEM EMPLOYEES Per-diem employees are temporary employees and are called on by the Practice on an asneeded basis. The per-diem status affords flexibility in the individual’s work schedule and allows the Practice to fulfill specific needs on a daily basis. ON-CALL EMPLOYEES On-call employees are defined as those employees who are not scheduled to work on a regular basis but work only as needed and as called in. On-call employees are temporary employees, and as a result are ineligible for any employer-sponsored benefits. Since all employees are hired for an unspecified duration, these classifications do not guarantee employment for any specific length of time. Employment is at the mutual consent of the employee and the Practice. Accordingly, either the employee or the Practice can terminate the employment relationship at will. 7 WORKING HOURS, BREAKS, AND TARDINESS POLICIES WORKING HOURS Except for those employees with divergent schedules, the normal workweek will be Monday through Friday, based on a forty-hour (40) week. These hours will be set by the practice manager to ensure that the office is sufficiently staffed to support the physician(s) in the Practice. Hours may vary depending on work location and job responsibilities. The normal hours in the office are from 8:30 a.m. to 5:00 p.m., Monday through Friday; however, this is subject to change, and the office staff must remain flexible to support the physician(s). The practice manager will provide employees with their work schedules. Should an employee have a question regarding his/her work schedule, he/she should contact the practice manager. If you, as an employee, are scheduled to work hours that present a hardship, you should discuss this with your supervisor and the practice manager. There are many other obligations maintained by the physician(s) besides seeing patients in the office. As various support functions for these activities are determined, some staff scheduling changes will also be required. We ask you to remain as flexible as possible if changes in the normal schedule are required. We will certainly discuss these requirements with you as far in advance as possible. BREAKS You will be entitled to a lunch period. Since the usual lunch period is also a peak in patient activity, it will be necessary to stagger individual lunch periods so that proper care for the patients will be provided. You are expected to take a 30-minute lunch break. If you choose to remain in the office during the meal break, you are not expected to work except under the most unusual circumstances. You are entitled to take [enter number] [enter time] minute breaks for every [enter hours] worked. The laws regarding break and meal periods are different in each state. Consult with an employment attorney regarding your state’s laws. TARDINESS Tardiness is unacceptable. If for any reason you cannot report for work on time, telephone the office and inform your immediate supervisor or the practice manager of your status. Do not leave a message with a fellow employee. An employee who arrives [enter time period] after their scheduled arrival time is considered tardy. The Practice recognizes that situations arise that may hinder punctuality; however, excessive tardiness is prohibited and may result in disciplinary action. 8 EMPLOYEE BENEFITS The following represents a current list of employment benefits offered by the Practice: Insurance Benefits Retirement Plan Participation When Eligible Paid Holidays Paid Personal Time Off Paid Vacation Days Paid Sick Days Continuing Education Funds Others as Described in This Section MEDICAL/ DENTAL/ LIFE INSURANCE COVERAGE The details of our current insurance benefits, including employee eligibility, are described in more formal plan documents that are available from [enter name]. In the event of any inconsistencies between this handbook or any other written or oral description of benefits and a formal plan document, the formal plan document will govern. Insurance coverage becomes effective on the first day of the month following employment for one full calendar month. Coverage is available to eligible employees at no cost to the employee. However, the employee is responsible for the cost of dependent coverage. RETIREMENT PLAN Please refer to the formal plan documents for specific details, including employee eligibility, regarding the Practice’s retirement plan. The details discussed in the plan documents include eligibility requirements, the types of plans available, the vesting period, etc. In the event of any inconsistencies between this handbook or any other written or oral description of benefits and a formal plan document, the formal plan document will govern. Participation in the pension and profit sharing plan will commence on the first entry date following twelve (12) months of full-time employment by eligible employees with the Practice. Terms of participation will be the same for all eligible employees, and continued maintenance of the plan is at the discretion of the Practice. WORKERS’ COMPENSATION As required by law, the Practice provides workers’ compensation benefits for the protection of employees with work-related injuries or illnesses. Workers’ compensation insurance provides coverage to employees who are injured or become ill while working. If the injury or illness is a result of the employee’s job, it is the employee’s responsibility to immediately notify a supervisor of the injury in order to be eligible to receive 9 benefits. Report every illness or injury to a supervisor, no matter how minor it may seem. The Practice will advise the employee of the procedure for submitting a workers’ compensation claim. If necessary, injured employees will be referred to a medical care facility. Employees should retain all paperwork provided to them by the medical facility. Failure to report a workrelated illness or injury promptly could result in the denial of benefits. An employee’s report should contain as many details as possible, including the date, time, description of the illness or injury, and the names of any witnesses. A separate insurance Practice administers the workers’ compensation insurance, and that Practice might contact injured employees regarding their benefits under the plan. CONTINUING EDUCATION Continuing education is encouraged for all employees. The Practice will send employees to training seminars on occasion. Home study courses are also available to all full-time employees as an employment benefit. This is meant to further train staff in specialties associated with this Practice. Upon receiving full-time status, each employee shall be allowed up to [insert dollar amount] per anniversary year for continuing educational course fees and travel expenses. VACATIONS Eligible employees are granted the following number of days of paid vacation leave based upon the length of continuous active service to the Practice: Years 1-4: 2 weeks (10 days) Years 5-9: 3 weeks (15 days) Years 10+: 4 weeks (20 days) An employee is eligible to take paid vacation leave following three (3) months of employment. Vacation days may be taken in full-day or half-day (four-hour (4)) increments. We prefer that vacations be taken when the physician(s) is out of town or on vacation. Employees should forward requests for use of vacation leave to their supervisor. The Practice is flexible in approving time off when doing so will not interfere with operation of the Practice. The dates and duration of your vacation leave should be submitted to the practice manager in writing at least two (2) months in advance. The practice manager will approve or deny the request based on the Practice resources and in light of other requests for vacation time already received. In case of a scheduling conflict, the employee who submits the request for utilization of vacation time first will be given preference. Since vacations provide a period of needed rest and recreation, each employee is expected to take his/her allotted vacation during the year in which it is earned. Unused vacation time cannot be carried over into the next year. The Practice will not reimburse employees for lost vacation days. All questions concerning vacations should be directed to the practice manager. The employer may choose to have vacation leave awarded based on each employee’s anniversary date or based on a calendar or fiscal year basis. However, vacation leave accrual, the loss of accrued vacation leave, and the reimbursement of vacation leave upon termination is subject to applicable state law. The Practice should consult state and local law regarding the treatment of vacation leave. 10 SICK LEAVE An employee is eligible for sick leave with pay after three (3) months of continuous employment. Three (3) days of sick leave with pay are accrued each year and may be used in four-hour (4) increments. Sick time that exceeds the allotted amount will be treated as time off without pay. Extra time off is not granted for illness during a vacation or on a holiday. A maximum of ten (10) days of unused sick leave can be carried over to the next year. In case of any absence due to illness, employees will notify their immediate supervisor or the practice manager as soon as possible. Do not leave a message with a fellow employee. The practice manager will maintain the status of sick leave for each employee. HOLIDAYS Full-time employees will be paid for each of the following holidays: New Year’s Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Employees must work the business days preceding and following the holiday or have the practice manager approve the absence in order to be paid for the holiday. The Practice should consult state and local law to determine whether there are any mandated holidays in the jurisdiction where they are located. PERSONAL TIME OFF An employee may utilize up to two and one-half (2 ½) days, or twenty (20) hours, for personal reasons per year. This time may be taken in half-day (four (4) hour) increments. Personal days are granted on a paid basis. Personal time off that exceeds the allowed amount will be treated as time off without pay. Personal time off should be requested and approved three (3) days in advance. Approval must be given by the supervisor and/or the practice manager. FUNERAL LEAVE Employees will be given up to three (3) days off with pay for regularly scheduled workdays missed due to the death of an immediate family member. Immediate family members shall be defined as husband, wife, parent, step-parent, child, step-child, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent or grandchild. Any time in excess of three (3) days will be counted against vacation, sick leave, and/or personal time, or it will be taken without pay. 11 LEAVE FOR PERFORMANCE OF CIVIC DUTIES Any employee who is called to serve on a jury panel, or subpoenaed to serve as a witness in a court proceeding in which he or she is not a litigant, will be allowed to serve. Employees who are selected for jury duty or subpoenaed to appear as a witness must provide a copy of their jury summons or subpoena to a supervisor. Time taken for jury duty is granted on a paid basis for up to [insert number] weeks. The voting polls are usually open from early in the morning until late in the evening. It is expected that you will find time to vote before coming to work or during your personal time after work. However, if that is not possible, please notify your supervisor or the practice manager in advance. Most state laws prohibit an employer from taking any disciplinary action against employees for taking time off to vote or serve on a jury. Some states even require the time off to be granted on a paid basis. If your state requires paid jury/voting time off, be sure that the Practice’s policy complies with those requirements. MILITARY LEAVE Employees called to active military duty, military reserve or National Guard service may be eligible to receive time off under the Uniformed Services Employment and Reemployment Rights Act of 1994. To receive time off, employees must provide notice and a copy of their report orders to an immediate supervisor. Military leave is granted on a [paid/unpaid] basis [if leave is paid, state here the number of days of paid leave to be provided by the Practice.] Upon return with an honorable discharge, an employee may be entitled to reinstatement and any applicable job benefits they would have received if present, to the extent provided by law. All private employers are required to comply with USERRA, which prevents employers from taking disciplinary action against an employee because of their military status, as well as provides certain protections for military veterans. For more information on the USERRA, visit the Department of Labor’s website at http:www.dol/elaws/vets/userra/mainmenus.asp. LEAVE OF ABSENCE When it is necessary for an employee to be absent from work for an extended period of time, the employee may request a leave of absence. An employee must have ninety (90) days of continuous service before a leave of absence will be considered. All accumulated leave, i.e., vacation and sick, must be depleted first. A leave of absence can be requested for reasons of jury duty, personal illness, pregnancy, or temporary disability, among other reasons. A request for a leave of absence must be presented to the practice manager in writing in advance of the requested leave and accompanied by a statement from the attending physician or a copy of the jury summons necessitating the leave of absence. The request must indicate, to the best of the employee’s judgment, the length of time the absence will be necessary. The physician will give final approval on this request. Approved absences of thirty (30) calendar days or less will be considered excused absences. If it is necessary for the absence to extend more than thirty (30) calendar days, the absence will be considered a leave of absence. 12 While on excused absence (30 calendar days or less), the employee’s benefits will continue to accrue and length of service will not be affected. An employee on leave of absence (over 30 calendar days) may arrange to continue his or her health insurance coverage at his or her own expense. The employee’s length of service with the Practice will be maintained along with any accrued benefits up to the date that the leave of absence begins. The employee may not continue accruing vacation, sick leave, and/or holiday benefits while on leave. All approved leaves of absence are granted with the stipulation that the employee returning from leave will accept whatever position is offered for which they may be qualified. In order to return from a leave of absence taken for medical reasons, the employee must have a written statement from their private physician and must be able to resume all responsibilities of the position to be filled. The Americans with Disabilities Act (“ADA”) applies to employers with 15 or more employees and prohibits discrimination against qualified disabled employees in regard to medical leave and other leaves of absence. Accordingly, employers must offer leaves of absence to disabled employees under the same circumstances that they offer them to non-disabled employees. The ADA also requires employers to reasonably accommodate a qualified individual with a disability if doing so would enable the employee to perform the essential functions of the job, unless the accommodation would impose an undue hardship on the employer’s business. Whether an accommodation constitutes an undue hardship is determined on a case-by-case basis. Reasonable accommodations include modified work schedules, flexible leave policies, or unpaid leaves of absence to obtain treatment or rehabilitation. FAMILY AND MEDICAL LEAVE ACT (“FMLA”) LEAVE The Practice offers leave consistent with the requirements of the federal Family and Medical Leave Act (FMLA). Under the FMLA, an employee may be eligible for an unpaid family and medical leave of absence under certain circumstances if the employee works within a seventyfive (75) mile radius of fifty (50) or more Practice employees. Under the FMLA, a person who has worked as an employee of this Practice for at least 1,250 hours for a twelve-month period is eligible for FMLA leave. Up to twelve (12) weeks of unpaid leave is available for the following reasons: The birth of a child and to care for a newborn child; Placement of a child into adoptive or foster care with the employee; Care for a spouse, son, daughter or parent who has a serious health condition; or Care for the employee’s own serious health condition. If the need for leave is foreseeable, employees should notify a supervisor thirty (30) days prior to taking FMLA leave. If the need for FMLA leave arises unexpectedly, employees should notify a supervisor as soon as practical, giving as much notice to the Practice as possible. Employees may be required to provide: medical certifications supporting the need for leave if the leave is due to a serious health condition of the employee or the employee’s family member; periodic recertification of the serious health condition; and periodic reports during the leave regarding the employee’s status and intent to return to work. Employees must return to work immediately after the serious health condition ceases, and employees who have taken leave 13 because of their own serious health condition must submit a fitness-for-duty certification before being allowed to return to work. Leave may be taken on an intermittent or reduced schedule to care for an illness. However, leave may not be taken intermittently for the care of a newborn or newly adopted child. When leave is taken intermittently, the Practice may transfer the employee to another position with equivalent pay and benefits, which is better suited to periods of absence. Subject to certain conditions, the employee or the Practice may choose to use accrued paid leave (such as sick leave or vacation leave) concurrent with FMLA leave. The Practice will maintain group health insurance coverage for an employee on FMLA leave on the same terms as if the employee had continued to work. If applicable, arrangements will be made for the employee to pay their share of health insurance premiums while on leave. The Practice may recover premiums paid to maintain health coverage for an employee who fails to return to work from family and medical leave. If an employee would like the Practice to maintain other paid benefits during the period of leave, premiums and charges that are partially or wholly paid by the employee must continue to be paid by the employee during the leave time. Family and medical leave will not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. However, an employee on family and medical leave does not continue to accrue benefits (e.g., sick or vacation leave) during the period of family and medical leave. Questions regarding particular benefits should be directed to [enter name]. Upon returning from FMLA leave, an employee will be restored to his/her original job or an equivalent job with equivalent benefits, pay, seniority, and other employment terms and conditions as provided by the FMLA. Companies with 50 or more employees are required to comply with the FMLA. If you are covered, your manual should contain this FMLA Leave section. For more information on the FMLA, visit www.dol.gov/esa/whd/fmla/index.htm. In addition, some states and local jurisdictions provide broader family medical leave coverage to employees, so you should consult an attorney regarding applicable state and local laws. If your Practice is required to comply with the FMLA, you may consider requiring employees to exhaust their accrued paid leave at the same time they are on FMLA leave. Otherwise, an employee could take up to 12 weeks of FMLA leave in addition to all of his/her accrued vacation and sick leave. Employers should consult state and local laws regarding family, medical, pregnancy or disability leave that may provide more extensive coverage than the federal FMLA. 14 COMPENSATION POLICIES PAY PERIODS The pay period will be for two (2) weeks or ten (10) working days: The pay period will begin on Monday. The pay period will end on the Friday of the second week. Employees must report their hours to the practice manager on the Friday prior to the beginning of the new pay period. RECORDING OF TIME The work week will be a standard forty-hour (40) week, running from Monday through Friday each week. Two (2) work weeks will equal one (1) pay period. Employees will record their total hours for each week. All vacation, sick, personal time, and other absent time will be recorded on the time card. Employees will be paid only for time actually worked. If you work less than forty (40) hours per week, you will be paid only for those hours, unless using time-off benefits (i.e., sick, vacation, or personal time). Paychecks include salary or wages earned less any mandatory or elected deductions. Mandatory deductions include federal or state withholding tax, and other withholdings. Elected deductions are deductions authorized by the employee, and may include, for example, contributions to benefit plans. Paychecks are issued biweekly. Employees will receive their paychecks on the Friday following the reporting of their hours. If the pay date coincides with a holiday, paychecks will be distributed on the closest business day before the holiday. Notify a supervisor if your paycheck appears to be inaccurate or if it has been misplaced. The Practice reserves the right to charge a replacement fee for any lost paychecks. Advances on paychecks [are/are not] permitted. Information regarding final paychecks can be found under the termination section of this handbook. Any changes in name, address, telephone number, marital status, or number of exemptions claimed by an employee must be reported to [person’s name] immediately. The Practice should consult state and local law for wage payment requirements, such as means of payment (including opportunity to pay by direct deposit), timeframe for paying wages, and information that must be included on paycheck stubs. OVERTIME PAY The Practice assigns positions, determines wages, and compensates employees for overtime in accordance with state and local laws and the Fair Labor Standards Act (FLSA). There are two basic classifications of employees for purposes of overtime: exempt and non-exempt. 15 Exempt: Professional, executive, and administrative personnel are considered to be exempt from overtime and are paid a specified salary for all hours worked. These employees are expected to work beyond their normal work hours whenever necessary to accomplish the work of the Practice. These include but are not limited to: Licensed physicians. Registered care administrators/managers who spend at least sixty (60) percent of their time managing and directing the work of others. Registered nurses. Nationally certified and state licensed physician assistants who have at least three (3) years of formal college-level training. Non-Exempt: All other employees are non-exempt and qualify for overtime pay. All overtime work by a non-exempt employee must be approved in advance by an employee’s supervisor. Because unauthorized overtime is against Practice policy, employees who work unauthorized overtime are subject to discipline, possibly including termination. Non-exempt employees shall record all time worked, including time worked over their normal schedule, on the time card at the time it actually occurs. Time is rounded to the next highest quarter of an hour. Overtime pay is calculated at one and one-half (1½) times the employee’s regular hourly rate of pay for all hours over forty (40) hours in one work week. Overtime is computed on the basis of a non-exempt employee’s total hours worked in a work week. Hours that are paid for but not worked, e.g., holidays, sick days, and vacation days, do not count as hours worked for overtime purposes. Employers should consult state and local laws regarding overtime provisions that may be more expansive than federal law, including, for example, requiring overtime after eight hours per day. In addition, some jurisdictions have laws limiting overtime for health care professionals. DOUBLE-TIME Overtime hours in excess of twelve (12) hours in one workday are paid at double-time. WEEKENDS Weekend work does not automatically qualify for compensation at a premium rate of pay. Hours worked on Saturdays and/or Sundays qualify for premium pay only if they qualify as overtime hours under the standards noted above. HOLIDAYS WORKED Non-exempt employees who work on a Practice-recognized holiday shall be paid their straighttime rate of pay for hours actually worked on the holiday, plus the regular holiday pay for the day. 16 STANDARDS OF CONDUCT EXPECTATIONS The Practice expects every employee to act in a professional manner. Satisfactory performance of job duties and responsibilities is key to this expectation. Employees should attempt to achieve their job objectives and act with diligence and consideration at all times. Poor job performance can result in disciplinary action, up to and including termination. PERFORMANCE EVALUATION Periodic performance evaluations provide a systematic and regular opportunity for the employee and supervisor to discuss the employee’s work performance and establish goals for the future. Regular performance evaluations are scheduled after ninety (90) days of employment, after twelve (12) months of employment, and annually thereafter. Employees should note that a performance review does not guarantee a pay increase or promotion. Moreover, performance evaluations may be made at any time to advise employees of unacceptable performance. Evaluations or any subsequent change in employment status, position or pay does not alter the employee’s at-will relationship with the Practice. GROUNDS FOR DISCIPLINARY ACTION At-will employees can be terminated with or without cause. The Practice reserves the right to discipline and/or terminate employees who violate its polices, practices or rules of conduct. The Practice can also discipline employees, up to and including immediate termination, for poor performance and/or misconduct. The following actions are unacceptable and considered grounds for disciplinary action. This list is not comprehensive; rather, it provides example of the types of conduct that this Practice does not tolerate. These actions include, but are not limited to: Engaging in acts of discrimination, harassment or retaliation in the workplace; Possessing, distributing or being under the influence of illegal controlled substances; Being under the influence of a controlled substance or alcohol at work, on Practice premises, or while engaged in Practice business; Unauthorized use or taking of Practice property; Damage, destruction or theft of Practice property; Removing Practice property without prior authorization or disseminating Practice information without authorization; Falsification, misrepresentation or omission of information, documents or records; Lying; Insubordination or refusal to comply with directives; Failing to adequately perform job responsibilities; 17 Excessive or unexcused absenteeism or tardiness; Disclosing confidential or proprietary Practice or patient information without permission; Illegal or violent activity; Falsifying injury reports or reasons for leave; Possessing unauthorized weapons on the premises; Disregarding safety and security procedures; Disparaging or disrespecting supervisors and/or co-workers; Insubordination; and Any other action or conduct that is inconsistent with the Practice’s policies, procedures, standards or expectations. This list enumerates the types of actions or events that are subject to disciplinary action. It is not intended to indicate every act that could lead to disciplinary action. The Practice reserves the right to determine the severity and extent of any disciplinary action based on the circumstances of each case. 18 TERMINATION Employment with the Practice is on an at-will basis and may be terminated voluntarily or involuntarily at any time. If an employee decides to terminate his or her employment, at least two (2) weeks advance notification must be given in writing to his or her immediate supervisor and practice manager. Vacation, sick, or personal time cannot be used as notice time. Upon termination, an employee is required: to continue to work until the last scheduled day of employment; to turn in all reports and paperwork required to be completed by the employee when due and no later than the last day of work; to return all files, documents, equipment, keys, access cards, software or other property belonging to the Practice that are in the employee’s possession, custody or control, and turn in all passwords to his/her supervisor; and to participate in an exit interview as requested by [enter authorized person’s name]. COBRA CONTINUATION OF HEALTH BENEFITS Under the federal Consolidated Omnibus Budget Reconciliation Act (COBRA), a qualified employee who terminates employment (for reasons other than gross misconduct on the part of the employee) or who loses health and dental coverage due to a reduction in work hours may temporarily continue group health and dental coverage for him/herself, his/her spouse, and any covered dependent children at the full premium rate plus administrative fees. That eligibility normally extends for a period of eighteen (18) months from the qualifying date. For more information regarding COBRA health insurance benefits, see [enter name]. 19 DRUG/ALCOHOL ABUSE The purpose of this policy is to emphasize the Practice’s prohibitions against on-the-job use or possession of alcohol or illegal drugs; to make employees and supervisors aware of the penalties for substance abuse; to improve the health of employees; to protect the safety of the public and other employees; and to improve the quality of our products and services. GUIDELINES 1. All employees are forbidden to use or possess alcohol or illegal drugs at any time during the workday or anywhere on the Practice’s premises. Workers also are forbidden to engage in any sale or other transaction involving illegal drugs. Violators will be subject to immediate dismissal. Additionally, employees who are under the influence of alcohol or drugs on the job will be subject to discipline. 2. The Practice has the right to search lockers, handbags, lunch boxes, other containers, or other personal effects of workers at any time. 3. Employees who appear to be in an impaired condition on the job may be asked by their supervisor to submit to a test to determine whether they are under the influence of alcohol or illegal drugs. In addition, employees may be asked to submit to a test as part of a general physical examination applicable to all employees. The types of tests that may be used include breathalyzer tests, blood tests and urinalysis. Refusal to take any such test will result in immediate dismissal. Employees who show a positive test result may be required to undergo counseling, attend a rehabilitation program, and/or they may be terminated. 4. Any sale of illegal drugs during the workday or on the Practice’s premises will be treated as gross misconduct punishable by immediate discharge. Any employee who is arrested for selling drugs while off duty will be discharged if convicted of a criminal offense. 5. All employees who must use a prescription drug that causes adverse side effects (e.g., drowsiness or impaired reflexes or reaction time) should inform their supervisor that they are taking such medication on the advice of a physician. Such employees are responsible for informing their supervisor of the possible effects of the drug on performance and the expected duration of use. If the prescription drug use could cause production or safety problems, a supervisor may grant the employee sick leave or temporarily assign the worker different duties. The legal risks and restrictions associated with drug and alcohol screening vary and can be complex. Thus, the Practice should consult a local attorney who understands state or local restrictions on employers. Specific procedures should be established and distributed to employees. The Practice should contract with an accredited lab that follows appropriate procedures for collecting specimen and validating results. It is essential that the Practice be very careful to keep test results confidential as required by the Americans with Disabilities Act (ADA). The anti-discrimination provisions of the ADA apply to employers with fifteen (15) or more employees. Employees who currently abuse alcohol, as well as employees who formerly abused illegal drugs, can be considered “disabled” under the ADA depending on the circumstances, thereby requiring the employer to reasonably accommodate the employee as long as this does not create an undue hardship for the employer. In short, there are many federal, state, and local laws that should be considered when drafting a drug policy. It is advisable to have a local attorney review this policy to ensure that it conforms to state and local law. 20 ORGANIZATIONAL CHART MEDICAL DIRECTOR PRACTICE MANAGER FRONT OFFICE BACK OFFICE BUSINESS OFFICE Supervisor Clinical Supervisor Billing Supervisor Patient Check-In Technician Billing/AR Clerk Patient Check-Out Scribe Insurance Clerk Receptionist Clinic Assistant Bookkeeper 21