MIGRANT CLINICIAN’S NETWORK HUMAN RESOURCES MANUAL DRAFT January 7st, 2014 MCN Human Resources Manual Page 1 Table of Contents INTRODUCTION ............................................................................................................................. 5 HUMAN RESOURCES PHILOSOPHY .......................................................................................... 5 What Are Policies? .................................................................................................................... 6 Criteria For Policy and Guideline Development ....................................................................... 6 SUMMARIES OF HUMAN RESOURCES POLICIES Employment Policies and Guidelines ........................................................................................ 7 Employment At-Will ................................................................................................................. 7 Job Descriptions ......................................................................................................................... 7 Non-Discrimination / Equal Employment Opportunity ............................................................. 7 Personnel Records ...................................................................................................................... 7 Discipline / Termination ............................................................................................................ 7 Employee Classifications ........................................................................................................... 8 Equal Pay Policy ........................................................................................................................ 8 Minimum Wage ......................................................................................................................... 8 Wage Increases .......................................................................................................................... 8 Mandated Benefits ..................................................................................................................... 8 Non-Mandatory Benefits ........................................................................................................... 8 Professional Development ......................................................................................................... 8 Health and Wellbeing Fund Policy ............................................................................................ 8 Holidays ..................................................................................................................................... 8 Infection Containment Policy .................................................................................................... 8 Paid Time Off ............................................................................................................................ 9 Military Leave ............................................................................................................................ 9 Unpaid Leave ............................................................................................................................. 9 Confidentiality ........................................................................................................................... 9 Drug-Free Workplace ................................................................................................................ 9 Reporting Abuse ........................................................................................................................ 9 Personal Political Activity ......................................................................................................... 9 Prohibition Against Gifts ........................................................................................................... 9 Conflict of Interest ..................................................................................................................... 9 Grievances................................................................................................................................ 10 Whistleblower Policy ............................................................................................................... 10 Phone Usage While Driving .................................................................................................... 10 Code of Ethics .......................................................................................................................... 10 Personnel Records .................................................................................................................... 10 SUMMARIES OF HUMAN RESOURCE GUIDELINES ............................................................. 10 Selection of Personnel.............................................................................................................. 10 New Employee Orientation...................................................................................................... 10 Outside Employment ............................................................................................................... 10 Nepotism .................................................................................................................................. 10 Voluntary Termination............................................................................................................. 10 Employee Lay-Off ................................................................................................................... 11 Exiting Employment ................................................................................................................ 11 Employee Retirement Income Security Act (ERISA) Compliance ......................................... 11 MCN Human Resources Manual Page 2 Professional Development Process for Use ............................................................................. 11 Employee Hours and Schedules............................................................................................... 11 Attendance ............................................................................................................................... 11 Reporting Hours ....................................................................................................................... 11 Jury Duty.................................................................................................................................. 11 Bereavement Leave .................................................................................................................. 11 Voting Leave ............................................................................................................................ 11 Court Attendance ..................................................................................................................... 11 Performance Evaluation ........................................................................................................... 12 Professional Business Conduct ................................................................................................ 12 Harassment ............................................................................................................................... 12 Personal Use of MCN Resources ............................................................................................. 12 Travel ....................................................................................................................................... 12 Accidents and Emergencies ..................................................................................................... 12 Health and Hygiene.................................................................................................................. 12 Workplace Violence Response ................................................................................................ 12 Release of Information / Reference ......................................................................................... 12 POLICIES .................................................................................................................................... 13 Employment Policies and Guidelines ...................................................................................... 13 Employment At-Will ............................................................................................................... 17 Job Descriptions ....................................................................................................................... 19 Non-Discrimination / Equal Employment Opportunity ........................................................... 21 Personnel Records .................................................................................................................... 23 Discipline / Termination .......................................................................................................... 25 Employee Classifications ......................................................................................................... 28 Equal Pay Policy ...................................................................................................................... 31 Minimum Wage ....................................................................................................................... 33 Wage Increases ........................................................................................................................ 35 Mandated Benefits ................................................................................................................... 37 Non-Mandatory Benefits ......................................................................................................... 39 Professional Development ....................................................................................................... 41 Health and Wellbeing Fund Policy .......................................................................................... 43 Holidays ................................................................................................................................... 45 Infection Containment Policy .................................................................................................. 47 Paid Time Off .......................................................................................................................... 49 Military Leave .......................................................................................................................... 51 Unpaid Leave ........................................................................................................................... 55 Confidentiality ......................................................................................................................... 57 Drug-Free Workplace .............................................................................................................. 59 Reporting Abuse ...................................................................................................................... 62 Personal Political Activity ....................................................................................................... 64 Prohibition Against Gifts ......................................................................................................... 66 Conflict of Interest ................................................................................................................... 67 Grievances................................................................................................................................ 70 Whistleblower Policy ............................................................................................................... 72 Phone Usage While Driving .................................................................................................... 74 MCN Human Resources Manual Page 3 Code of Ethics .......................................................................................................................... 75 Personnel Records .................................................................................................................... 80 GUIDELINES .............................................................................................................................. 81 Selection of Personnel.............................................................................................................. 81 New Employee Orientation...................................................................................................... 83 Outside Employment ............................................................................................................... 84 Nepotism .................................................................................................................................. 85 Voluntary Termination............................................................................................................. 87 Employee Lay-Off ................................................................................................................... 88 Exiting Employment ................................................................................................................ 89 Employee Retirement Income Security Act (ERISA) Compliance ......................................... 90 Professional Development Process for Use ............................................................................. 93 Employee Hours and Schedules............................................................................................... 95 Attendance ............................................................................................................................... 98 Reporting Hours ..................................................................................................................... 100 Jury Duty................................................................................................................................ 102 Bereavement Leave ................................................................................................................ 105 Voting Leave .......................................................................................................................... 107 Court Attendance ................................................................................................................... 109 Performance Evaluation ......................................................................................................... 110 Professional Business Conduct .............................................................................................. 112 Harassment ............................................................................................................................. 114 Personal Use of MCN Resources ........................................................................................... 117 Travel ..................................................................................................................................... 121 Accidents and Emergencies ................................................................................................... 123 Health and Hygiene................................................................................................................ 126 Workplace Violence Response .............................................................................................. 127 Release of Information / Reference ....................................................................................... 130 MCN Human Resources Manual Page 4 INTRODUCTION All MCN policies and guidelines are contained within three manuals: Financial Management Manual including financial and business processes Information Management Manual and records and grant support) Human Resources Manual including personnel policies and procedures, employment, credentialing, competencies, orientation and training) MCN is committed to the full implementation of the three manuals in order to ensure that the MCN's operations are consistent with: Federal and state law and regulations PHS compliance and performance improvement standards and requirements OIG Compliance Program Guidelines HIPAA transaction/coding simplification and privacy standards Philosophy MCN has established and maintains Human Resource policies and guidelines that provide continuing guidance and education to its employed and contract staff concerning their roles and corporate expectations. A goal of these policies and guidelines is to support the mission of the organization by valuing personal and professional integrity, quality customer service, innovation and creativity, "excellence" with enthusiasm, and teamwork, ensuring compliance with applicable laws and regulations and recognizing and rewarding commendable performance. It is also the intent of MCN that these human resources policies and practices articulate and demonstrate the corporation’s commitment to legal and ethical conduct. The MCN Board of Directors maintains “zero tolerance” for criminal or fraudulent violations. MCN operates under established policies and procedures that provide for accurate accounting of funds and include measures to prevent and detect illegal conduct. Staff with responsibilities for managing accounts receives training and oversight to ensure proper performance. The CEO, CFO or designee is responsible for determining that staff orientation, education, and training are conducted and documented. These individuals are responsible for monitoring adherence to the MCN policies and procedures, documenting measures to promote compliance, preventing criminal and other illegal conduct, and detecting variances subject to corrective actions. What are Policies? Policies are board approved management instructions indicating a course of action, a guiding principle, or an appropriate procedure that is expedient, prudent, advantageous and required. Policies are high-level statements that provide guidance to employees who must make present and future decisions MCN Human Resources Manual Page 5 Effective computer security requires clear, documented policy that is supported and enforced by the entire organization. These policies must be based on an understanding of mission priorities and the assets and operations necessary to fulfill them. They must also be based on a pragmatic assessment of the threats against these assets and operations. Criteria for Policy and Guideline Development The creation of a set of human resources policies and supporting guidelines and processes will help ensure the integrity of all MCN resources and provide a sound foundation for the expansion of the organization’s operations. These policies should meet certain criteria in order to be effective: Flexibility - Effective policy needs to be able to meet the current needs of the organization as well as the future needs by accommodating changes in technology and the organization’s threat model. Pertinence - The policy must reflect business goals of the organization. Applicability - The policy must reflect the realities of the environment. Implementation - The policy should be feasible to implement. Goals should be measurable and attainable. Timeliness - The policy should be current, reflecting recent developments in factors both external and internal to the organization. All policies should have a date for which they are effective, and a date upon which they expire or are subject to review. It is important for old polices to be updated, obsolete policies purged, and new requirements included into a living document which is more likely to be upheld and respected by the intended audience. Cost-effectiveness - The policy should be cost-effective. Effort and materials expended should be in proportion to the value of the assets they are meant to safeguard. Enforceability - The policy should be enforceable. While policy is not intended to dictate the method of implementation, creating policy that is not possible to implement creates confusion and wastes effort. A policy that has no action upon violation should not be made into policy. Rather it should be included as part of a suggested procedure or advisory. A policy that is written to require compliance must show penalty if violated Integration - The policy should integrate well with the existing organizational policy. The following summaries briefly describe the core areas for Human Resources Policies: Employment Policies and Guidelines This policy describes how MCN employment policies and guidelines are created, disseminated, and amended, and the role of the board of directors and management. Employment At-Will This policy states that all employment with MCN is “at will” meaning that employment may be terminated at any time, with or without notice, for any reason or no reason, by either MCN or the employee. Job Descriptions MCN Human Resources Manual Page 6 Each staff position at MCN has a job description that defines the job responsibilities and skills necessary to fulfill the goals of the position. Job descriptions are to be updated as changes occur, and must include certain information as a minimum. Non-Discrimination / Equal Employment Opportunity The purpose of this policy is to document that MCN provides equal employment opportunity without regard to race, color, sex, religion, national origin, age, disability, pregnancy, sexual orientation, HIV / AIDS status and/or status a veteran or member of the armed services. Personnel Records This policy dictates a list of documents to be maintained in personnel records, and procedures relating to such records. Discipline / Termination This policy documents the four types of disciplinary actions that will be followed when enforcing employee conduct and related procedures necessary to preserve the effective operation of MCN. Disciplinary actions will be taken when an employee violates any MCN policy or otherwise impedes MCN’s operations or mission. Employee Classifications This policy differentiates between salaried full-time permanent employees, salaried part-time permanent employees, hourly full-time permanent employees, hourly part-time permanent employees, temporary employees, and staffing agency employees. Equal Pay Policy MCN provides equal pay for equal work while permitting wage differences based on nonprotected factors such as seniority, merit, quantity or quality of production. Differences in wages and benefits also exist based on employee classification. Minimum Wage This policy states that MCN follows state and federal guidelines for minimum wage and overtime pay. Wage Increases This policy states that MCN does not pay a cost of living adjustment increase but does provide incentives for growth and progress. An employee’s annual written evaluation will provide the basis for determining the level of compensation the employee shall receive for the year subsequent to their anniversary date. Whenever a job opening arises as a result of resignation, transfer, or the creation of a new job, current employees will be given first consideration for promotion or transfer. Mandated Benefits MCN complies with all federal laws, as well as state laws in Texas, California, Pennsylvania, Maryland and Washington pertaining to mandatory employee insurance. Non-Mandatory Benefits MCN Human Resources Manual Page 7 MCN provides employee benefits beyond those mandated by state and federal laws. Some of these benefits are managed by outside companies: health insurance, life insurance, long-term disability insurance, and a retirement plan. Professional Development MCN is committed to the development and nurturing of staff as the most valuable and important asset of the organization. Health and Wellbeing Fund Policy MCN recognizes that part of an employee’s development is health prevention, stress relief and physical fitness. All salaried and hourly employees working over 50% FTE are eligible to utilize the Health and Wellbeing Fund based on the percent of time worked. Holidays The purpose of this policy is to document that MCN observes twelve holidays per year, to list the holidays and to delineate criteria surrounding their use. Infection Containment Policy In order to safe guard the health of all employees, senior staff members may require that employees exhibiting certain symptoms immediately leave the premise and stay at home until they are symptom free or deemed no longer contagious by their clinician. Paid Time Off MCN provides employees with Paid Time Off (PTO) to be used for illness, vacation, or other events at the employees’ discretion. Military Leave Policies surrounding military leave, including reemployment, retirement plan contributions, and health plan coverage. Unpaid Leave This policy states that MCN grants unpaid leave only with appropriate advance planning and approval from the CEO. Examples of such leave are family medical leave (FMLA) and sabbatical. Confidentiality All corporate information is confidential. Employees are prohibited from discussing corporate information with persons other than those directly involved. Employees are responsible for storing confidential information (whether paper copies or electronic) in the appropriate location so as to maintain confidentiality of the document. Drug-Free Workplace The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the MCN workplace. Smoking is prohibited inside the MCN Austin office and immediately adjacent to office entrances. Smoking must take place on an employee’s breaks, not while the employee is “on the clock”. MCN Human Resources Manual Page 8 Reporting Abuse This policy establishes that MCN staff members have a professional responsibility to report abuse and/or neglect of any child, elderly individual, or disabled individual. Personal Political Activity MCN, as a private, not-for-profit, community service organization, does not engage in partisan political activity or endorse any candidate for public office. While staff members are free to exercise their individual rights and to voice their personal preferences in political contests as individuals, they may not represent MCN in political positions, contests, or elections. Prohibition Against Gifts The purpose of this policy is to document that no employee of MCN, members of the employee’s family, and members of the Board shall accept any gifts, money, or gratuities from any person or organization performing services under contract with MCN, or any person who is otherwise in a position to benefit from the actions of any employee or Board member. Conflict of Interest All members and officers of the Board of directors, employees, directors, and contractors shall avoid any conflict between their own respective personal, professional, or business interests and the interests of MCN in any and all actions taken by them on behalf of MCN in their respective capacities. Grievances This policy creates an official process stating that when informal methods are not sufficient, employees may file a grievance for any job related problem that an employee feels should be corrected by management. Whistleblower Policy It is the responsibility of all directors, officers, and staff to comply with the values of Migrant Clinicians Network and practice ethical behavior, as well as report suspected violations in accordance with this Whistleblower Policy. No director, board member, or employee who in good faith reports an ethics violation shall suffer harassment, retaliation or employment-related consequences. Phone Usage while Driving The intent of this policy is to align MCN with Federal regulation EO 13513 which prohibits federal employees and contractors to text message while operating a vehicle. Migrant Clinicians Network will follow the same policy. Code of Ethics This Code of Ethics policy is a general guide to acceptable and appropriate behavior at the Migrant Clinicians Network and all employees are expected to comply with its contents. Personnel Records MCN Human Resources Manual Page 9 The purpose of this policy is to specify that any notices of changes in personnel data are promptly reported in writing to the CFO for payroll changes. The following summaries briefly describe the core areas for Human Resources Guidelines: Selection of Personnel Procedures for selecting new personnel with regard to qualifications, hiring responsibilities, and application process. New Employee Orientation Guidelines Procedures for training new employees. Outside Employment Outside employment is permitted provided that it does not interfere with the effective performance of the employee’s duties in MCN. Nepotism No member of MCN shall engage in nepotism in any form including, but not limited to: hiring, promotions, job responsibilities, and wages. Guidelines set forth for employees who are related by blood and marriage. Voluntary Termination Employees may at any time terminate their employment voluntarily by providing written notice of intention to resign. Employee Lay-Off Procedures for staff reduction. Exiting Employment When employees leave MCN, MCN expects that all work assignments and tasks be satisfactorily completed prior to employee’s final working day. All exiting employees should plan to conduct an exit interview with their supervisors, or the CEO, during their last week of employment. Employee Retirement Income Security Act (ERISA) Compliance The Employee Retirement Income Security Act (ERISA) requires an employer who establishes or maintains an employee benefit plan to provide participating employees with a Summary Plan Description of their benefits. Professional Development Process for Use MCN strives to support each employee in their efforts to expand their expertise and acquire new skills in alignment with MCN needs. All eligible employees are encouraged to take advantage of professional development opportunities after three months of employment. Employee Hours and Schedules Delineates Austin office policies on work schedules, rest and lunch breaks, and use of flex time. MCN Human Resources Manual Page 10 Attendance Guidelines regarding absence, tardiness, remote work, and work abandonment. Reporting Hours Policies regarding documenting time, use of timesheets and pay stubs. Jury Duty When an employee serves on jury duty, he/she shall be entitled to leave with pay for such duty, and for such period of absence required. Bereavement Leave Salaried and hourly full-time employees who have completed their 90 day probationary period will be granted up to three days paid bereavement leave for the purpose of attending a funeral of an immediate family member. Voting Leave MCN encourages employees who are registered voters to vote in local and national elections. In order to facilitate voting, certain schedule modifications are permitted as needed to provide time for voting. Court Attendance When an employee attends court in connection with her/his usual official MCN duties, no leave is required. When an employee is subpoenaed in a private non-MCN related litigation, to testify in a non-MCN capacity, but as an individual, they may use PTO if there are sufficient hours accrued. Performance Evaluation MCN believes that frequent feedback between employee and supervisor is essential to exemplary job performance and staff development. As such, MCN procedures require periodic performance evaluations. Professional Business Conduct MCN is a professional organization and, as such, all employees must conduct themselves in a professional and personal code of conduct which is in keeping with MCN’s and the employee’s professional standing in the community. This includes personal demeanor, keeping working areas tidy, behaving in a fiscally responsible manner, and observing a professional dress code. Harassment MCN is committed to providing a work environment, which is free of unlawful harassment and intimidation. Company policy prohibits harassment because of race, color, sex, religion, national origin, age, disability, pregnancy, sexual orientation, gender identity and expression, HIV / AIDS status and/or status a veteran or member of the armed services or any other basis protected by federal, state or local law, regulation, or ordinance. ALL SUCH HARASSMENT IS ILLEGAL. MCN Human Resources Manual Page 11 Use of MCN Resources The use of MCN resources, including computers, printers, fax machines, phones, mail/postage systems, email and all forms of Internet access, is for company business and is to be used for authorized purposes only. Travel Guidelines regarding travel and travel expenses. Accidents and Emergencies In the event of an accident or emergency situation on MCN premises or away from the MCN premises but while involved in official MCN activities, an employee must notify her/his supervisor or the CEO immediately. Instructions for more detailed courses of action in specific situations follow. Health and Hygiene Staff members are advised to take care of their own health, as well as the health of colleagues, by minimizing the potential spread of contagious illnesses. The following procedures should be observed. Workplace Violence Response MCN has a zero tolerance policy for workplace or domestic violence, abuse or neglect against any person or animal. Procedures for preventing and responding to violence are laid out. Release of Information / Reference Guidelines regarding how too provide information about past employment with MCN to new or prospective employers. MCN Human Resources Manual Page 12 MCN Policy Employment Policies and Guidelines Area: Corporate Governance Policy Corporate Function Guideline Financial Function Guideline Clinical Function Guideline Approved By: Board of Directors Most Recent Approval Date: March 22, 2011 CEO CFO CMO First Approval Date: 2007 Dates Reviewed: 2011 Handbook Updated: 2011 update after approval Next Review Due: 2015 Dates Revised: N/A Dates Revisions Announced to Staff: after review and approval update Purpose: To delineate consistent guidelines for the creation, dissemination, and amendment of MCN policies. Mandated by: HRSA, TX DSHS, TX HHSC Applies to: MCN corporate governance Definitions: “Corporate governance policies” are defined as policies which control the overall operations of MCN as a corporation. “Corporate function guidelines” are defined as guidelines which dictate day-today functions, activities, or behaviors within the organization. “Financial function guidelines” are defined as guidelines which dictate day-to-day financial functions, activities, or behaviors within the organization. “Clinical function guidelines” are defined as guidelines which dictate day-to-day clinical functions, activities, or behaviors within the organization. Information Technology guidelines are defined as guidelines which dictate dayto-day Information technology functions, activities, or behaviors within the organization “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. For more DSHS – Contractor’s Financial Procedures Manual (7/1/11) information: HHSC – Texas Administrative Code, title 1, part 15, chapter 379, subchapter c. http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=15&c h=379&sch=C MCN Human Resources Manual Page 13 Text of Policy: MCN maintains employee policies and guidelines in order to clarify the rules, regulations, and appropriate behaviors surrounding employment with the organization. All MCN staff are required to be familiar with the policies and guidelines and to abide by them. Failure to do so may lead to disciplinary actions up to and including termination. As it is each staff member’s responsibility to familiarize her/himself with the policies and guidelines, ignorance of a policy or guideline is not an excuse for failing to abide by the policy or guideline. 002.00.01.01: Dissemination of Employee Policies & Guidelines MCN policies and guidelines will be posted in an online format on a secure section of the MCN website. New staff members will be given a password to access the policies and guidelines and they will be required to read each one within two working days of their start with MCN. The online system will record which policies have been accessed by the employee. Accessing a policy infers that the staff member has read and agrees with the policy. Staff members who do not review the policies and guidelines within two working days of their start with MCN may face disciplinary procedures. When policies are added or modified, existing MCN staff will be notified through two mechanisms: 1. Announcement of the new or modified policy at a regularly scheduled MCN staff meeting (and recording of such an announcement in the staff meeting minutes) 2. Announcement of the new or modified policy via an email sent to all MCN staff In order to document which staff were notified a copy of the staff meeting minutes (including names of all staff present) and a copy of the email (including names of all staff to whom it was sent) will be attached to the official copy of the policy stored in the MCN CEO’s office. Modified policies will be posted to the secure section of the web site and staff members will be required to review them within two working days. Staff members who do not review the new or revised policy / guideline within two working days may face disciplinary procedures. Subsection 002.00.01.02: Amendment or Addition of Employee Policies & Guidelines Employee policies are reviewed on a regular basis. The most recent policies / guidelines supersede and rescind all previous personnel policy and guideline statements, and become the official policy statements of MCN. Employee policies and guidelines are reviewed every two years (24 months from the date of last review or amendment). Policies and guidelines are reviewed by the board of directors or member of management who approved the previous version of the policy. Amendments or additions to corporate policies may be recommended at any regular meeting of the Board, the Executive Committee, or its designated committee. MCN Human Resources Manual Page 14 After study by the Board, the Executive Committee or its designated committee, and after the CEO has had the opportunity to review and comment, the amendment or addition may be passed by a simple majority of the Board at any regular meeting, provided that all members of the Board were mailed a copy of the proposed amendment at least five working days prior to the meeting. Amendments or additions to corporate function guidelines are made at the discretion of the CEO in consultation with the staff Senior Management team, the Board, employees and/or contractors, as necessary. Amendments or additions to financial function guidelines are made at the discretion of the CFO, in consultation with the CEO, the Board, employees and/or contractors, as necessary. Amendments or additions to clinical function guidelines (generally related to the Health Network) are made at the discretion of the CMO, in consultation with the CEO, the Board, employees and/or contractors, as necessary. Amendments or additions to information technology guidelines (generally related to the Health Network) are made at the discretion of the CMO, in consultation with the CEO, the Board, employees and/or contractors, as necessary. Subsection 002.00.01.03: Roles of Board and Management The Board of Directors establishes policy for the overall operation of MCN. Likewise, the Board has the authority to employ the CEO. The Board specifically delegates to the CEO the authority and responsibility for the administration of MCN, allowing broad latitude for independent judgment and decision making. While the power to hire and fire staff is delegated to the CEO, the Board retains the authority to review employee grievances. The Board is the source of authority concerned with setting corporate policy and direction. All staff are under the policy authority of the Board. It is understood that this authority rests with the Board as a group in formal session and that no single member of the board holds this authority alone. The Chief Executive Officer (CEO) is responsible for administrating MCN’s corporate policies and procedures. The CEO is ultimately responsible for staffing and employment decisions, although many activities in this area are delegated to other members of the Senior Management team. The CEO is the official representative of MCN in interactions with other agencies, organizations, or government entities. The CEO works with the IT Contractors to develop Information Technology guidleines and is responsible for their administration. The Chief Financial Officer (CFO) is responsible for administrating MCN’s financial policies and procedures. The CFO is responsible for coordinating areas such as budgeting, bill paying, payroll, employee benefits, and MCN’s independent audit, although many activities in these areas are delegated to other staff. MCN Human Resources Manual Page 15 The Chief Medical Officer (CMO) is responsible for administrating MCN’s clinical policies and procedures. The CMO monitors the activities of the Health Network as well as any other projects that involve a clinical aspect. The CMO also approves any clinical statements made in written or verbal format in MCN publications or presentations (or by any employee or contractor representing MCN). Directors supervise and coordinate various aspects of the organization such as education, development, or programmatic activities. Directors supervise other staff members and work closely with the CEO, CFO, CMO, and Board to ensure quality in their area of the organization. The CEO, CFO, CMO, and Directors make up the Senior Management team. MCN Human Resources Manual Page 16 MCN Policy Employment At-Will Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 1992 Dates Reviewed: 1994 – 2011, 2014 Dates Revisions Announced to Staff: June 2009 Purpose: Mandated by: Applies to: Definitions: For more information: Most Recent Approval Date: August 25, 2011 Next Review Due: 2016 Dates Revised: 1999, 2007, 2009, 2011 To establish the fact that employment at MCN is “at-will” and define what that means for the employee and the employer. State employment laws All MCN employees. n/a Text of Policy: All employment with MCN is “at will” meaning that employment may be terminated at any time, with or without notice, for any reason or no reason, by either MCN or the employee. No manager, supervisor, or representative other than MCN’s Chief Executive Officer has the authority to enter into any agreement guaranteeing employment for any specific period of time or to make any written or oral promises, agreements, or commitments contrary to this policy. Further, any employment agreement entered into by the CEO will not be enforceable unless it is in writing. Various states recognize exceptions to the employment-at-will doctrine and MCN takes into account those exceptions as follows. “Public Policy Exception”: An employee is wrongfully discharged when the termination is against an explicit, well-established public policy of the state (such as filing a workers’ compensation claim or refusing to break the law at the request of the employer). “Implied Contract Exemption”: When an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship MCN Human Resources Manual Page 17 exists. If an employer makes oral or written representations to employees regarding job security or procedures that will be followed when adverse employment actions are taken these representations may create a contract for employment. “Covenant of Good Faith Exception”: This exception reads a covenant of good faith and fair dealing into every employment relationship. It has been interpreted to mean either that employer personnel decisions are subject to a “just cause” standard or that terminations made in bad faith or motivated by malice are prohibited. State-by-State recognized exceptions to employment at will: Public Policy Implied Exception Exception Texas Yes No California Yes Yes Pennsylvania Yes No Maryland Yes No Washington Yes No Contract Covenant of Good Faith Exception No Yes No No No Source for information on exceptions: Kenneth G. Dau-Schmidt and Timothy A. Haley, “Governance of the Workplace: The Contemporary Regime of Individual Contract,” Comparative Labor Law & Policy Journal (Winter 2007). Nadjia Limani, Note, “Righting Wrongful Discharge: A Recommendation for the New York Judiciary to Adopt a Public Policy Exception to the Employment-At-Will Doctrine,” Cardoza Public Law, Policy and Ethics Journal (Fall 2006). Charles J. Muhl, “The Employment-At-Will Doctrine: Three Major Exceptions,” Monthly Labor Review (January 2001). MCN Human Resources Manual Page 18 MCN Policy Job Descriptions Area: Corporate Governance Policy Corporate Function Guideline Financial Function Guideline Clinical Function Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 6/9/2007 Dates Reviewed: 2011, 2014 Dates Revisions Announced to Staff: June 2009 Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: 6/9/2007, 2009 To clearly define the roles, responsibilities and qualifications needed for specific jobs at MCN. HRSA, TX DSHS, TX HHSC Mandated by: Applies to: All MCN staff positions “MCN staff” is defined as all employees and contractors of MCN as well as staffing Definitions: agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. For more HRSA –Guidelines DSHS – Contractor’s Financial Procedures Manual information: HHSC – Texas Administrative Code, title 1, part 15, chapter 379, subchapter c. http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=15&c h=379&sch=C Purpose: Text of Policy: Each staff position at MCN has a job description to define the job responsibilities and skills necessary to fulfill the goals of the position. Job descriptions can be found on the Admin server in the Employee\JobDescript folder. Staff members will receive a copy of their job description at the onset of their work with MCN and also at any point that the job description is modified¹. Job descriptions shall be reviewed and revised, if necessary, prior to the end of the program year. Revisions may be made during a program year if such changes are deemed beneficial to the fulfillment of the program’s goals. All revisions will be referred to the CEO for written approval. Review and/or revision dates will be noted on the job description. The contents of the job description will include, as a minimum, the following: MCN Human Resources Manual Page 19 Title¹ Salary range¹ Classification (full-time/part-time, hourly/salaried) Exempt or Non-exempt status³ (required by HHSC) Programs (funding sources) under which employee works² Supervision and evaluation will be received annually¹ Supervision received¹ Essential job functions³ A brief description of major duties and responsibilities¹ A realistic qualification statement (minimum qualifications)¹ Physical capacity¹ Work location¹ MCN Human Resources Manual Page 20 MCN Policy Non-Discrimination / Equal Employment Opportunity Area: Corporate Governance Policy Corporate Function Guideline Financial Function Guideline Clinical Function Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 1999 Dates Reviewed:1999 – 2007, 2011, 2014 Dates Revisions Announced to Staff: June 2009 Purpose: Mandated by: Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: 2009 To document MCN’s fair employment practices. Civil Rights Act of 1964 – Title VII (race, color, religion, sex, national origin) Age Discrimination in Employment Act of 1967 (age) Americans with Disabilities Act of 1990 (disability) Equal Pay Act of 1963 (sex) Rehabilitation Act of 1973 (disability) Pregnancy Discrimination Act (pregnancy) Texas Labor Code – Chapter 21 Uniformed Services Employment and Reemployment Rights Act (military) TX HHSC (HIV/AIDS) MCN corporate functioning. Applies to: Definitions: For more Department of Labor: www.dol.gov Equal Employment Opportunity Commission: www.eeoc.gov information: Texas Workforce Commission (Civil Rights & Discrimination page): www.twc.state.tx.us/customers/jsemp/jsempsubcrd.html Texas Administrative Code, title 1, part 15, chapter 379, subchapter c. http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=15&ch =379&sch=C Text of Policy: MCN provides equal employment opportunity without regard to race, color, sex, religion, national origin, age, disability, pregnancy, sexual orientation, HIV / AIDS status and/or status a veteran or member of the armed services. MCN conforms to all applicable federal and state laws, rules, guidelines and regulations and provides equal employment opportunity in all employment and employee relations. MCN Human Resources Manual Page 21 MCN does not discriminate on the basis of past, current, or future military in any area of employment including hiring, promotion, reemployment, termination, and benefits. This policy protects from discrimination past members, current members, and persons who apply to be a member of any of the branches of the uniformed services. MCN assures that all applicants for employment and all MCN employees are given equal consideration based solely on job-related factors, such as qualifications, experience, performance, and availability. Such equal consideration applies to all personnel actions, including but not limited to: recruitment, selection, appointment, job assignment, training, transfer, promotion, merit increases, demotion, termination, pay rates, and fringe benefits. MCN reviews, evaluates, and monitors all personnel matters to ensure that they are in accordance with this policy. MCN requires its personnel to act in conformity with the principles outlined in this policy through strict adherence to the above statements and takes positive steps to eliminate any discrimination from its personnel practices, and creates an environment that encourages equal opportunity for all of its employees. MCN informs employees of their rights in regard to equal employment through the employee handbook, new employee orientation materials, training materials, staff meetings, and various publications. MCN takes seriously and will investigate promptly and thoroughly all charges of alleged discrimination in employment; such complaints may be made to any member of MCN’s Senior Management team (CEO, CFO, CMO, and all Directors) or to an employee’s supervisor. Pregnancy If an employee is temporarily unable to perform her job due to pregnancy, MCN will treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave or leave without pay. Pregnant employees will be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy related condition and recovers, MCN will not require her to remain on leave until the baby's birth. MCN does not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth. MCN will hold open a job for a pregnancy related absence the same length of time jobs are held open for employees on sick or disability leave. MCN Human Resources Manual Page 22 MCN Policy Personnel Records Area: Corporate Governance Policy Corporate Function Guideline Financial Function Guideline Clinical Function Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 1999 Dates Reviewed: 1999 – 2011, 2014 Dates Revisions Announced to Staff: 5/14/2009 Purpose: Mandated by: Applies to: Definitions: For more information: Most Recent Approval Date: 3/22/2011 Next Review Due: 2016 Dates Revised: 2007 To maintain comprehensive, organized personnel files for all MCN staff members. HRSA, TX DSHS, TX HHSC All staff members. “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. HRSA – PCER Guidelines http://bphc.hrsa.gov/pinspals/pinsarchive.htm (2000-06) DSHS – Contractor’s Financial Procedures Manual (7/1/06) HHSC – Texas Administrative Code, title 1, part 15, chapter 379, subchapter c. http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=15& ch=379&sch=C Text of Policy: At the start of employment, a personnel file will be created for each new employee. Employees must provide copies of any educational achievements, certifications, and/or licenses that were claimed in their applications for employment. MCN considers falsification of personnel records to be a serious offense and discovery of such falsification can lead to disciplinary action up to and including termination. MCN retains all human resource records for seven years after an employee leaves employment. It is important that accurate, current records be maintained for benefits and employment purposes. Therefore, all employees are required to notify the office manager immediately if there is any change in relevant personal or employment information such as changes in address, phone numbers, marital status, emergency contact, insurance beneficiary, number of dependents, or legal name. MCN Human Resources Manual Page 23 All information contained in the personnel file is the property of MCN and is not available for review by anyone other than the employee and his or her supervisor. Employees may examine their personnel files after contacting the CEO in advance to schedule an appointment; however, documents in the personnel file may not be removed from MCN’s premises or photocopied without specific authorization. If an employee believes that information in their personnel file is incorrect, they must submit a written request to change the information. The following documents pertaining to employees will be maintained: At onset of employment: Employment application¹ Reference checks¹ Date of hire² Authorization approving the hire² Start date² Anticipated work schedule² Authorizations for rates of pay, benefits, and employee withholding² W-4¹,² I-9¹,² Most recent job description¹ Copies of educational achievements, certifications, and/or licenses¹ Documentation of initial training³ Confidentiality agreements³ Added throughout employment: Performance evaluations including employee signature¹ Updates to educational achievements, certifications, and/or licenses Position and/or salary changes¹,² Exit Interview¹ If applicable: Documentation of continuing education¹ All disciplinary documentation¹ Termination forms¹ MCN Human Resources Manual Page 24 MCN Policy Discipline / Termination Area: Corporate Governance Policy Corporate Function Guideline Financial Function Guideline Clinical Function Guideline Approved By: Board of Directors CEO CFO CMO Most Recent Approval Date: August 25, 2011 First Approval Date: 1992 Next Review Due: 2016 Dates Reviewed:1994-2011, 2014 Dates Revised: 2011 Dates Revisions Announced to Staff: June 21, 2009 Purpose: Mandated by: Applies to: Definitions: For more information: To outline procedures for discipline and / or termination of MCN employees. n/a All MCN Staff “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. n/a Text of Guideline: MCN is committed to working with staff members to resolve employment issues as they arise. Nonetheless, it is important to have a clear outline of disciplinary procedures which will be followed should an issue not be resolved through less formal mechanisms (such as conversation/coaching between employee and supervisor). There are four types of disciplinary actions that will be followed when enforcing employee conduct and related procedures necessary to preserve the effective operation of MCN. Disciplinary actions will be taken when an employee violates any MCN policy or otherwise impedes MCN’s operations or mission. Disciplinary Action 1: Reprimand Reprimands are documented in writing, signed by the employee for the purpose of acknowledging receipt, with a copy placed in the employee’s personnel file. Reprimands will also be signed by the employee’s supervisor and the CEO and will contain the specifics of the conduct for which the employee is being reprimanded with appropriate recommendations when applicable. An employee being reprimanded may elect to write a statement stating her/his MCN Human Resources Manual Page 25 viewpoint to be attached to the reprimand in the personnel file although this will not negate the consequences of the reprimand. Any two written reprimands in any 12-month period automatically places the employee on probation. Any three written reprimands in any 12-month period are cause for termination. Written reprimands may be appealed to the level of the CEO and no higher, except that when three reprimands in 12 months are cause for termination, the full Board may review those reprimands on appeal of the termination. Disciplinary Action 2: Probation Documentation of probation must be in writing and must contain both the specifics or details of the conduct for which the employee is placed on probation and the specifics or details which must be met for the employee to end the probation. Documentation of probation must be signed by the CEO, supervisor, and employee (to acknowledge receipt) with a copy given to the employee and a copy stored in the employee’s personnel file. As with the written reprimand, the employee may attach a statement of his/her own to the probation documentation in his/her file though it will not negate the probation. Disciplinary probation is for a period of not more than 90 days and may not be extended. At the end of the probationary period, the conduct of the employee on probation will be reviewed and said employee will be informed in writing that he/she has completed the probation satisfactorily or that he/she is being terminated. Employees on probation are not eligible to take paid leave other than holidays or due to illness during their probationary period. Any two disciplinary probation periods in any 12-month period and/or any three such probation periods in any 24-month period are cause for termination. If probation results in termination said termination may be appealed to and reviewed by the full Board, upon request by the terminated employee. Disciplinary Action 3: Suspension An employee on suspension is to leave work and not report to work until instructed to do so in writing. All suspensions are without pay and result in either full reinstatement or termination. An employee is subject to suspension when there exists a question regarding either an employee’s violation of Federal and / or Board policy or when an employee’s activity is in opposition to the stated aims or goals of MCN. Only the CEO may suspend an employee. All suspensions must be documented in writing, signed by the CEO and employee (to acknowledge receipt). A copy is given to the employee and one is placed in the employee’s personnel file. Suspensions may be appealed in writing to the Board. Disciplinary Action 4: Involuntary Termination MCN Human Resources Manual Page 26 The final stage of employee discipline is involuntary termination. MCN will make every effort to resolve problems through corrective action between the employee and her/his supervisor before the point of involuntary termination is reached. The supervisor may recommend the termination of an employee to the CEO when a recurring behavior or deficiency is observed that indicates that the employee is personally unsuitable for his/her position, when the employee’s performance has been evaluated as unacceptable, or when the frequency or degree of an employee’s violation of rules or conduct or neglect of responsibilities call for termination as provided under preceding sections. The CEO must authorize all involuntary terminations. Termination of employment notice shall be in writing with a copy presented to the employee and the original placed in the employee’s personnel file. In all cases of involuntary termination, an employee may utilize the grievance procedure as appropriate. The grievance must be filed with ten days of the date of the notice of termination. In all cases, the final decision and authority to dismiss an employee rests with the CEO and the final decision and authority to dismiss the CEO rests with the Board. MCN Human Resources Manual Page 27 MCN Policy Employee Classifications Area: Corporate Governance Policy Corporate Function Guideline Financial Function Guideline Clinical Function Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 1992 Dates Reviewed: 1994–2005, 2009, 2011, 2014 Dates Revisions Announced to Staff: June 2009 Purpose: Mandated by: Applies to: Definitions: For more information: Most Recent Approval Date: 3/22/2011 Next Review Due: 2016 Dates Revised: 1999, 2007, 2011 To differentiate between different classifications of employees for purposes of determining benefits, eligibility for overtime pay, and other issues. Internal Revenue Service Department of Labor All MCN employees. See MCN Policy 002.04.01 for the definition of “overtime”. See MCN Policy 002.05.00 and subsections for definitions of various benefits. Fair Labor Standards Act: http://www.dol.gov/elaws/esa/flsa/screen5.asp Text of Policy: MCN employees are classified into different categories based on: (A) Whether they are paid on a salaried or hourly basis, (B) Whether they work full-time (at least 40 hours/week) or part-time (under 40 hours/week), (C) Whether they are permanent or temporary employees. Employees who are eligible for overtime pay are considered “non-exempt” (from the Fair Labor Standards Act) while those who are “exempt” are ineligible. Exempt vs. non-exempt status is noted on each job description. Salaried Full-time Permanent: Salaried full-time employees work a minimum of 40 hours per week. They are not eligible for overtime pay. MCN Human Resources Manual Page 28 Salaried full-time employees are eligible for all benefits provided by MCN after completion of their 90-day probationary period. Salaried Part-time Permanent: Salaried part-time employees work a fewer than 40 hours per week (with the minimum amount determined on a case-by-case basis). They are not eligible for overtime pay. After a 90 day probationary period, salaried part-time employees are eligible for benefits on a prorated scale proportionate to their number of hours worked (i.e. a minimum of 30 hours/week = ¾ time and received benefits at 75% of the rate of full-time salaried employees). Employees must work at least 80% time to receive MCN health insurance benefits. Hourly Full-time Permanent: Hourly full-time employees work 40 hours per week. They are eligible for overtime pay. Hourly employees MUST receive permission from their supervisor before working over 40 hours in a week. After a 90 day probationary period, hourly full-time employees are eligible for MCN health insurance, paid holidays, and personal time off. Hourly Part-time Permanent: Hourly part-time employees work fewer than 40 hours per week. They are eligible for overtime pay. Hourly employees MUST receive permission from their supervisor before working over 40 hours in a given week. After a 90 day probationary period, hourly part-time employees who work at least half time – 20 hours per week - are eligible for paid holidays and personal time off (accrued at a rate proportionate to their percentage of time worked in comparison to a full-time (40 hr/week) employee). Temporary Employees: Temporary salaried and hourly employees are hired to work for a period of less than one year. Temporary salaried and hourly employees are eligible only for paid holidays and personal time off. These benefits begin after employee has completed 90 day probationary period. The benefits accrue at a rate proportionate to their weekly number of hours worked in comparison to a full-time (40 hr/week) employee. Staffing Agency Employees: Individuals hired through a staffing agency are not considered to be MCN employees during the time that they are employed by the staffing agency. Nevertheless, they must abide by the same policies and procedures as MCN employees during the time that they are working at MCN. Staffing agency employees may not work more than 8 hours in one day without specific authorization from their MCN supervisor. MCN Human Resources Manual Page 29 Staffing agency employees are not eligible for MCN benefits, they are eligible for benefits (if any) provided by the staffing agency on terms to be negotiated with said agency. Staffing agency employees may be invited to become MCN employees, at which point they are eligible for the same benefits as any other MCN employee who falls into the same classification (based on number of hours worked per week and salaried vs. hourly status). MCN Human Resources Manual Page 30 MCN Policy Equal Pay Policy Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 1992 Dates Reviewed: 1994–2005, 2009, 2011, 2014 Dates Revisions Announced to Staff: June 2009 Most Recent Approval Date: 3/22/2011 Next Review Due: 2016 Dates Revised: 1999, 2007 To guarantee that there is not any wage discrimination based on race, color, sex, religion, national origin, age, disability, pregnancy, sexual orientation, HIV / AIDS status and/or status a veteran or member of the armed services, between MCN staff members who are performing comparable duties for MCN. Mandated by: Civil Rights Act of 1964 – Title VII (race, color, religion, sex, national origin) Age Discrimination in Employment Act of 1967 (age) Americans with Disabilities Act of 1990 (disability) Equal Pay Act of 1963 (sex) Rehabilitation Act of 1973 (disability) Pregnancy Discrimination Act (pregnancy) Texas Labor Code – Chapter 21 Uniformed Services Employment and Reemployment Rights Act (military) TX HHSC (HIV/AIDS) Applies to: MCN corporate governance. “MCN staff” is defined as all employees and contractors of MCN as well as staffing Definitions: agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. For more Equal Employment Opportunity Commission: www.eeoc.gov/types/epa.html Department of Labor: www.dol.gov information: Texas Workforce Commission (Civil Rights & Discrimination page): www.twc.state.tx.us/customers/jsemp/jsempsubcrd.html Texas Administrative Code, title 1, part 15, chapter 379, subchapter c. http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=15&ch =379&sch=C Purpose: Text of Policy: MCN Human Resources Manual Page 31 MCN reaffirms its commitment to non-discrimination through this policy specifically protecting MCN staff members from wage discrimination based on race, color, sex, religion, national origin, age, disability, pregnancy, sexual orientation, HIV / AIDS status and/or status a veteran or member of the armed services. MCN provides equal pay for equal work while permitting wage differences based on nonprotected factors such as seniority, merit, quantity or quality of production. Differences in wages and benefits also exist based on employee classification. MCN does not pay unequal wages based on race, color, sex, religion, national origin, age, disability, pregnancy, sexual orientation, HIV / AIDS status and/or status a veteran or member of the armed services to staff members who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment. Each of these factors is summarized below: Skill - Measured by factors such as the experience, ability, education, and training required to perform the job. The key issue is what skills are required for the job, not what skills the individual employees may have. For example, two bookkeeping jobs could be considered equal even if one of the job holders has a master's degree in physics, since that degree would not be required for the job. Effort - The amount of physical or mental exertion needed to perform the job. If one job requires more physical or mental exertion than another, it would not be a violation of this policy to pay more to a staff member holding that job. Responsibility - The degree of accountability required in performing the job. For example, a an MCN administrative employee who is delegated the duty of submitting financial reports more responsibility than other administrative employees. On the other hand, a minor difference in responsibility, such as opening or closing the office, would not justify a pay differential. Working Conditions - This encompasses two factors: (1) physical surroundings like temperature, fumes, and ventilation; and (2) hazards. Establishment - The prohibition against compensation discrimination applies only to jobs within an establishment. An establishment is a distinct physical place of business rather than an entire business or enterprise consisting of several places of business. However, in some circumstances, physically separate places of business should be treated as one establishment. For example, if a central administrative unit hires employees, sets their compensation, and assigns them to work locations, the separate work sites can be considered part of one establishment. Should a pay differential which violates this policy be found to exist, MCN shall correct it by increasing the pay of the lower paid employees (i.e. the more highly paid employees will not face a wage reduction). MCN Human Resources Manual Page 32 MCN Policy Minimum Wage Area: Corporate Governance Policy Corporate Function Guideline Financial Function Guideline Clinical Function Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date:2007 Dates Reviewed: 2007, 2009, 2011, 2012, 2014 Dates Announced to Staff: August 17, 2009 Purpose: Mandated by: Applies to: Definitions: For more information: Most Recent Approval Date: August 25, 2011 Next Review Due: 2016 or when minimum wage changes Dates Revised: October 16, 2012 To determine minimum wages for MCN employees as well as the circumstances and pay rate for overtime pay. Department of Labor State Labor Laws All MCN employees “Workweek” is defined by the DOL as “a fixed and regularly recurring period of 168 hours -- seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day.” “Workweek” is defined by MCN as 12:00 am on Sunday to 11:59 pm on Saturday. “Exempt” and “Non-Exempt” are defined by the U.S. Department of Labor. More information can be found on their website (see below). Department of Labor, State Labor Laws: http://www.dol.gov/esa/programs/whd/state/state.htm Department of Labor, Minimum wage: http://www.dol.gov/dol/topic/wages/minimumwage.htm Text of Policy: MCN follows state and federal guidelines for minimum wage. Federal and state minimum wages (non-overtime hours) are as follows (as of 10/16/12). Minimum Hourly Wage Federal $7.25 MCN Human Resources Manual Page 33 Texas California Pennsylvania Maryland Washington (uses Federal rate - $7.25) $8.00 (uses Federal rate - $7.25) (uses Federal rate - $7.25) $9.04 Overtime MCN follows state and federal guidelines regarding overtime pay. Employees who are classified as exempt are not eligible for overtime pay (see section 002.03 for employee classifications). Non-exempt employees must have their supervisor’s permission BEFORE working hours that would receive overtime pay. Federal and applicable state overtime regulations are as follows (as of 10/16/2012): Federal Texas California* Pennsylvania Maryland Washington Overtime definition Over 40 hours in a workweek Over 40 hours in a workweek Over 8 hours in a day Over 12 hours in a day Over 40 hours in a week 7th day: first 8 hours 7th day: after 8 hours Over 40 hours in a workweek Over 40 hours in a workweek Over 40 hours in a workweek Overtime payrate Time and a half Time and a half Time and a half Double time Time and a half Time and a half Double time Time and a half Time and a half Time and a half * CA regulations: Overtime is due after 8 hours per day or 40 hours per week unless an alternative workweek of no more than 4 days of 10 hours was established prior to 7/1/99. Premium pay on 7th day not required for employee whose total weekly work hours do not exceed 30 and whose total hours in any one work day thereof do not exceed 6, in specific wage and hour orders. MCN Human Resources Manual Page 34 MCN Policy Wage Increases Area: Corporate Governance Corporate Functions Financial Functions Clinical Functions Approved By: Board of Directors CEO CFO CMO Most Recent Approval Date: August 25, 2011 First Approval Date: 2007 Next Review Due: 2016 Dates Reviewed: 2007, 2009, 2011, 2014 Dates Revised: 2011 Dates Revisions Announced to Staff: August 17, 2009 Purpose: Mandated by: Applies to: Definitions: For more information: To delineate MCN policies for wage increases, bonuses, and promotions. n/a All MCN staff “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. n/a Text of Policy: MCN does not pay a cost of living adjustment increase but does provide incentives for growth and progress. MCN’s reward system focuses on sustained productivity, professional growth, leadership, and individual contribution to the corporation. An employee’s annual written evaluation will provide the basis for determining the level of compensation the employee shall receive for the year subsequent to their anniversary date. If the employees salary or hourly pay rate changes, or if the employee’s job title changes, a Notice of Employment Change will be signed by employee, supervisor, and CEO, and stored in the employee’s personnel file. Rewards will be primarily limited to a percentage increase to salary based upon merit, one time merit increase payout to an employee’s base salary or a bonus but may also include increased flexibility in scheduling and assignments, educational rewards, and staff development opportunities. MCN Human Resources Manual Page 35 Promotions Whenever a job opening arises as a result of resignation, transfer, or the creation of a new job, current employees will be given first consideration for promotion or transfer. Persons outside of MCN will be selected to fill an opening only if, after assessment by the CEO, it is determined that the skills required to fill the position are not available from within MCN. Selection of a person to fill a job opening will be based on such factors as education, experience, character, ability, skill, training, attitude and ability to work harmoniously with other employees, and physical ability to perform tasks involved for the position. In making selection of employees for promotions where qualifications are considered by the CEO to be equal, the senior applicant will be given preference. MCN Human Resources Manual Page 36 MCN Policy Mandated Benefits Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO Most Recent Approval Date: August 25, 2011 First Approval Date: 2007 Next Review Due: 2016 Dates Reviewed: 2007, 2009, 2011, 2014 Dates Revised: 2011 Dates Revisions Announced to Staff: August 17, 2009 Purpose: Mandated by: Applies to: Definitions: For more information: To comply with state unemployment and workers’ compensation insurance laws. State and federal laws All MCN employees “MCN employees” are defined as all part-time, full-time, hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. Unemployment: Federal: www.workforcesecurity.doleta.gov/unemploy/uifactsheet.asp Texas: www.twc.state.tx.us California: www.edd.ca.gov Pennsylvania: www.dli.state.pa.us/landi/site/default.asp Maryland: www.dllr.state.md.us Washington: http://www.lni.wa.gov/ Workers’ Compensation: Federal: www.dol.gov/esa/owcp_org.htm States: www.dol.gov/esa/regs/statutes/owcp/stwclaw/stwclaw.htm Text of Policy: MCN complies with all federal laws, as well as state laws in Texas, California, Pennsylvania, Maryland and Washington pertaining to mandatory employee insurance. Unemployment Insurance: All MCN salaried and hourly full-time and part-time employees are covered by unemployment insurance as required by state law in Texas, California, Pennsylvania, Maryland and Washington. This unemployment insurance is accrued by the laws and percentage rates provided by the states of Texas, California, Pennsylvania, Maryland and Washington. MCN Human Resources Manual Page 37 Workers’ Compensation Insurance: MCN employees will be covered by workers’ compensation insurance, as mandated by the state laws of Texas, California, Pennsylvania, Maryland and Washington while they are on duty with MCN. MCN Human Resources Manual Page 38 MCN Policy Non-Mandatory Benefits Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO Most Recent Approval Date: August 25, 2011 First Approval Date: 1994 Next Review Due: 2013 Dates Reviewed: 1994 –2011 Dates Revised: 1999, 2001, 2005, 2006, 2007, 2011 Dates Revisions Announced to Staff: August 17, 2009 Purpose: To provide employees with benefits which are managed by other companies (not by MCN): health insurance, life insurance, long-term disability insurance, and retirement plan. Mandated by: n/a Applies to: Permanent, full time salaried MCN employees. Definitions: “MCN employees” are defined as all part-time, full-time, hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. For more information: See ERISA policy (002.05.00) for contact information for the companies providing MCN’s non-mandatory benefits. Text of Policy: MCN provides employee benefits beyond those mandated by state and federal laws. Some of these benefits are managed by outside companies: health insurance, life insurance, long-term disability insurance, and a retirement plan. MCN is not responsible or liable for the actions or inactions of these independent companies. Health Insurance: Permanent employees working at least 80% time are eligible for group health insurance after completing a 90-day probationary period. Employees hired prior to May 1, 2004 will be provided 100% of the insurance premium for each full-time employee and their families. Employees hired after May 1, 2004 will be provided 100% of the insurance premium for each full-time employee. Dependent coverage will be offered at the employee’s expense. If dependent coverage is elected, one-half of the amount will be automatically deducted from each of the employee’s bi-monthly paychecks. MCN Human Resources Manual Page 39 In addition to paying the employees’ insurance premiums, MCN will contribute $125/month to each insured employee’s Health Savings Account (HSA) following the 90-day probationary period. Employees may elect to contribute additional funds to their HSA’s through payroll deductions (see policy 002.04.04 regarding payroll deductions). To set up health insurance, eligible employees must contact the CFO, or her designee, once they have completed their 90-day probationary period. Life Insurance: Permanent salaried employees are eligible for coverage of group life insurance after completing a 90-day probationary period. MCN pays 100% of the insurance premium for each eligible employee. To set up life insurance, eligible employees must contact the CFO, or her designee, once they have completed their 90-day probationary period. Long-Term Disability Insurance: Permanent salaried employees are eligible for coverage of long-term disability insurance after completing a 90-day probationary period. MCN pays 100% of the insurance premium for each eligible employee. To set up long-term disability insurance, eligible employees must contact the CFO, or her designee, once they have completed their 90-day probationary period. Retirement Plan: MCN will match up to 3% of gross earning to each employee’s retirement account on a monthly basis for employees. Employees are given the opportunity to select a Simple IRA in an institution that best meets their needs. Employees can direct further tax deductible contributions to their retirement , which must be requested in writing to the CFO, or her designee. All employee tax sheltered IRA contributions are exempt from federal income taxes. To set up the retirement plan, eligible employees must contact the CFO, or her designee, once they have completed their 90-day probationary period. MCN Human Resources Manual Page 40 MCN Policy Professional Development Area: Approved By: Most Recent Approval Date: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Board of Directors CEO CFO CMO 3/22/2011 First Approval Date: 2006 Next Review Due: 2016 Dates Reviewed: 2006, 2007, 2011, 2012, 2014 Dates Revised: February 2012 Dates Revisions Announced to Staff: February 2012 Purpose: Mandated by: Applies to: Definitions: To provide employees with funds for Professional Development and continuing education. n/a Permanent MCN employees working 50% time or over on a prorated basis according to their average annual FTE. “MCN employees” are defined as all part-time, full-time, hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. For more information: Text of Policy: MCN provides employee benefits beyond those mandated by state and federal laws. Some of these benefits are managed directly by MCN including staff development funds. Professional Development: MCN is committed to the development and nurturing of staff as the most valuable and important asset of the organization. Evidence of the value of staff can be seen in different forms. From the Strategic Plan to the employee benefits, MCN demonstrates its commitment to employees. MCN strives to be a gold standard among not-for-profit organizations and within the primary care arena for how to develop and retain staff. The goals of professional development at MCN are to: Provide continuing education opportunities for all employees within their area of job responsibility in order to stay up-to-date and respond to the employee’s professional interests. MCN Human Resources Manual Page 41 Create well-rounded employees. Enhance present skills and nurture the development of new expertise among current staff. Help employees to do their present job more effectively. MCN Human Resources Manual Page 42 MCN Policy Health and Wellbeing Fund Policy Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO Most Recent Approval Date: August 25, 2011 First Approval Date: 2002 Next Review Due: 2016 Dates Reviewed: 2002- 2011, 2014 Dates Revised: 2010 Dates Revisions Announced to Staff: June 21, 2009 Purpose: Mandated by: Applies to: Definitions: To provide employees with Health and Wellbeing funds to be used for health maintenance costs not covered by insurance or for paying insurance deductible. n/a Permanent MCN employees working over 50% time. “MCN employees” are defined as all part-time, full-time, hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. For more information: Text of Policy: MCN provides employee benefits beyond those mandated by state and federal laws. Some of these benefits are managed directly by MCN including the Health and Wellbeing fund. Health and Wellbeing: MCN recognizes that part of an employee’s development is health prevention, stress relief and physical fitness. All salaried and hourly employees working over 50% FTE are eligible to utilize the Health and Wellbeing Fund based on the percent of time worked. Therefore, if an employee has worked for MCN for 7 years and is currently working an average of 50% FTE per year, they would be eligible for up to $750 in reimbursement. These funds reimburse employees for the following types of expenses: Medical co-pays Dental care Fitness (gyms, personal trainer) Massages or Acupuncture (acupressure, shiatsu, polarity, reiki) MCN Human Resources Manual Page 43 Prescriptions, medicines over the counter and drugstore items Glasses and Contact Lenses Eye doctor exams Education (courses that contribute to improving skills or personal growth) And medical or preventive expenses not covered by MCN’s health insurance Other items not listed may be reimbursed with the approval of the CFO. In order to be reimbursed, the charges must have been incurred in the month in which payment is being made. This is subject to the CFO’s discretion. At the end of the first calendar year the employee is eligible to be reimbursed for Health and Wellbeing expenses at a prorated amount based on the number of full months the employee has worked. This fund will increase as the employee increases their tenure with the corporation according to the table below: After Year One After Year Two After Year Three After Year Four After Years Five + prorated portion of $500 $750 $ 1,000 $ 1,000 $ 1,500 per year In order to be reimbursed for an expense the employee must fill out the Health and Wellbeing Reimbursement Form and submit the form along with copies of receipts to the CFO for her review. The CFO will check the information and receipts provided and may ask for additional information if necessary. Employees will be reimbursed by direct deposit in the next pay period. MCN Human Resources Manual Page 44 MCN Policy Holidays Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO Most Recent Approval Date: March 22, 2011 First Approval Date: 1992 Next Review Due: 2016 Dates Reviewed: 1994-2011, 2014 Dates Revised: 2010 Dates Revisions Announced to Staff: August 17, 2009 Purpose: Mandated by: Applies to: Definitions: To allow for paid observation of holidays. n/a All MCN employees “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. “MCN employees” are defined as all part-time (over 50% FTE), full-time, hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. For more information: Text of Policy: MCN observes 12 paid holidays per year: New Year’s Day (plus day before) Martin Luther King Day Good Friday Memorial Day Independence Day Labor Day Veteran’s Day Thanksgiving Day (plus day after) Christmas Day (plus day before) MCN Human Resources Manual Page 45 If a holiday occurs on a Saturday, the proceeding Friday will be observed, if on Sunday, the following Monday will be observed, unless other dates are determined by the CEO. The CEO may also move an official holiday to another date (i.e. Veteran’s Day to the day before Thanksgiving) by making an official announcement at a staff meeting and sending an email to all employees and contractors. To document that a holiday was observed, the employee should list 8 hours in the “holiday” row of her/his timesheet. (Note: holiday time must ALWAYS be used in 8 hour segments, whether on the official holiday or a substituted day – see below.) An employee may substitute another day for an official agency holiday in order to accommodate religious preferences or other celebrations. In order to swap holidays, the employee must first receive authorization from her/his supervisor to work the official holiday. When working on the holiday, time should be recorded on the employees timesheet as it would on any other day (divided among projects) not recorded in the “holiday” row. The employee must also then document that a holiday was worked on the (F:\Admin\Timesheets\07 Time sheets\Holidays). When the holiday is to be used, the employee must first receive authorization from her/his supervisor to be absent for a day. At the point that the holiday is used, it should be noted on the timesheet as 8 hours in the “holiday” row with a note stating from which official holiday the time was accrued (i.e. “holiday time used on 3/1/06 was accrued on Martin Luther King Day”) and the date used should also be noted in the (F:\Admin\Timesheets\07 Time sheets\Holidays). New employees on payroll fewer than 30 days will be ineligible for holiday pay. Part time employees (working 50% or over) are eligible for a pro-rated number of holidays based on the percent of a 40-hour workweek that they routinely work. Staffing agency employees may be permitted to work on an agency holiday only with permission from their supervisor and if an MCN employee will be working the same hours in the same location. Reference: (July, 2010) U.S. Department of Labor http://www.dol.gov/dol/topic/benefits-leave/holiday.htm The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations or holidays (federal or otherwise). MCN Human Resources Manual Page 46 MCN Policy Infection Containment Policy Area: Corporate Governance Corporate Functions Financial Functions Clinical Functions First Approval Date: 2009 Dates Reviewed: 2011, 2014 Dates Handbook Updated: 2011 Approved By: Board of Directors CEO CFO CMO Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: Dates Revisions Announced to Staff: Sept. 09 Purpose: To protect the health of MCN employees by limiting their exposure to staff members exhibiting symptoms of a potentially infectious illness. Mandated by: n/a Applies to: All MCN employees Definitions: “MCN employees” are defined as all part-time, full-time, hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. For more information: n/a MCN employees work in close proximity of one another and frequently share physical space. In order to safe guard the health of all employees and limit the spread of potentially infectious illness MCN, senior staff members may require that employees exhibiting the symptoms listed below immediately leave the premise and stay at home until they are symptom free or deemed no longer contagious by their clinician. In recognition that this may impose a significant financial hardship on some employees those staff members who exhaust all their Paid Time Off will be advanced up to three additional days on a one time basis. In order to be eligible, a staff member must have flu-like symptoms including a fever of 100 degrees or higher; must receive MCN benefits; must have exhausted all vacation, sick and other time off and cannot be on a leave of absence. Text of Policy: Staff who have flu-like symptoms (distinguished by a fever of 100 degrees or more and the presence of some or all of the following symptoms: cough, sore throat, runny or stuffy nose, body aches, headache, chills, fatigue, diarrhea and/or vomiting) and have exhausted their accrued time can receive a one-time advancement of wages equivalent to up to 3 days Paid Time Off (short-term bank) based on their regular daily work schedule. Advanced time off will be MCN Human Resources Manual Page 47 deducted from a staff member's subsequent pay period accrual for Sick Time or PTO (short-term bank) until the balance returns to zero. Eligibility Requirements 1. Staff member must have flu-like symptoms, including a fever of 100 degrees or higher. 2. Staff member must be benefits eligible. 3. Staff member must have completed their 90-day orientation period, during which they cannot use accrued time off. 4. Staff member must not be on a leave of absence (full leave). If a staff member is on intermittent leave and scheduled to work, then the policy would apply. 5. Staff members must have zero balances in their PTO, and discretionary holiday balances. 6. The advancing of time off applies only to staff who experience flu-like symptoms; it cannot be used to care for family members. 7. The advancing of time off may only be requested once. The policy is applicable to all benefit eligible staff. For exempt staff, the advancement and subsequent deductions should be maintained at the department level consistent with current practices. The process for nonexempt staff is described below: 1. If a staff member meets all of the eligibility criteria noted above, MCN will advance up to three days of sick leave or short term PTO based upon their daily work schedule. Note: staff members may elect not to take advantage of this opportunity. If so, they can record the time as unpaid hours. Daily Work Schedule Maximum Advance for Sick Leave or Short Term Bank 8 hours 24 hours 6 hours 18 hours 4 hours 12 hours 2. Managers will designate the "sick leave/STB advance" time off reason code to indicate on the time sheet the number of hours the staff member should be advanced. This must be coordinated with the CFO. 3. The advanced hours will be paid to the staff member as a part of their regular pay periods. Any accrued hours applied to the sick leave balance or PTO will be reversed until the staff member has repaid the number of hours for which he/she was advanced. 4. Staff will be given a maximum of 6 months to repay the time off advance or the remaining amount due will be deducted from the staff member's payroll check. If a staff member terminates prior to the repayment of the advanced time off, the remaining amount due will be deducted from the staff member's final payroll check/voucher. MCN Human Resources Manual Page 48 MCN Policy Paid Time Off Area: Corporate Governance Corporate Functions Financial Functions Clinical Functions Approved By: Board of Directors CEO CFO CMO First Approval Date: 1992 Dates Reviewed:1994 – 2011, 2014 Dates Handbook Updated: 1999, 2005, 2007, 2009, 2011 Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: 2005, 2007, 2010 Dates Revisions Announced to Staff: June 09 To provide MCN employees with paid time off. n/a All MCN employees “MCN employees” are defined as all part-time, full-time, hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. For more information: n/a Purpose: Mandated by: Applies to: Definitions: Text of Policy: MCN provides employees with Paid Time Off (PTO) to be used for illness, vacation, or other events at the employees’ discretion. Employees accrue PTO on a bi-monthly basis; the employee must be employed by MCN on both the first and last day of a given month to accrue time for that month. PTO begins to accrue after the first full month of employment but cannot be used until completion of the 90- day probationary period, except in extraordinary circumstances approved by the CEO. ELIGIBILITY ACCRUED PAID TIME OFF (PTO) (Full-time/Salaried & Hourly Employees) (Per Month) Year 1 – 3 Year 4 – 6 Year 7 + 12 hours of PTO 15 hours of PTO 18 hours of PTO Part-time employees (50% or more) accrue hours at a rate reflective of the percentage time they work per week in comparison to a 40 hour full-time week (i.e. an employee hired to work 20 hours per week accrues 50% of the hours that an employee hired to work 40 hours a week accrues). Paid Time Off accrues on the last day of the first full month of employment and the last day of each month thereafter. No PTO may be used before it has accrued. MCN Human Resources Manual Page 49 The maximum PTO accrual for employees is 240 hours. Accruals will cease once the employee maximum accrual has been reached. Once the employee has taken PTO, and the accrual is below the maximum, accrual will resume. Upon termination of employment, all unused PTO, up to the maximum accrual allowed, will be paid at employee’s current rate of pay. Requests for use of Vacation Time must be presented to the employee’s supervisor for approval, preferably at least two weeks before the time is to be used. If multiple requests for use of Vacation Time are presented to a supervisor then it may be necessary to determine schedules on a first-come first-served basis in order to maintain the service level required of MCN. Extended PTO will not be granted if in conflict with organizational needs. PTO will not be charged to the employee when it falls on an agency-observed holiday. PTO may be used in quantities of hours less than 8 hours as long as the total hours for the day equals 8 (i.e. 4 hours of worked time, 4 hours of PTO or 2 hours of worked time, 6 hours of PTO). 16 hours of PTO will be reserved for emergencies or illness only (i.e. an employee may not use PTO for vacation such that it would leave him / her with less than 16 hours of PTO). Requests for cash in lieu of Paid Time Off will be paid in accordance with the following rules: PTO shall be paid at regular rate of pay in effect on date of the request. Employee requests for cash in lieu of PTO shall be made in writing and approved by the employee’s supervisor. Employee may be paid for a maximum of 240 PTO hours during the fiscal year. MCN Human Resources Manual Page 50 MCN Policy Military Leave Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 1994 Dates Reviewed: 1994-2005, 2009, 2011, 2014 Dates Revisions Announced to Staff: June 2009 Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: Purpose: To provide leave and reinstatement of employment for active members of the US military. Mandated by: Uniformed Services Employment and Reemployment Rights Act Applies to: All MCN employees Definitions: “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. "Service in the uniformed services" is defined as the performance of duty on a voluntary or involuntary basis in a uniformed service, including: Active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, absence from work for an examination to determine a person’s fitness for any of the above types of duty, funeral honors duty performed by National Guard or reserve members, duty performed by intermittent disaster response personnel for the Public Health Service, and approved training to prepare for such service The "uniformed services" are defined as the following: Army, Navy, Marine Corps, Air Force, or Coast Guard; Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard Reserve; Army National Guard or Air National Guard; Commissioned Corps of the Public Health Service; any other category of persons designated by the President in time of war or emergency. For more information: Department of Labor: www.dol.gov/dol/compliance/comp-userra.htm Text of Policy: MCN Human Resources Manual Page 51 MCN recognizes and complies with federal laws regarding military leave and the reinstatement of staff after a term of military service. Reemployment rights extend to persons who have been absent from a position of employment because of service in the uniformed services. Employees must provide MCN with advance notice of military service, such notice may be either written or oral and be provided by the employee or by an appropriate officer of the branch of the military in which the employee will be serving. No notice is required if military necessity prevents the giving of notice or the giving of notice is otherwise impossible or unreasonable. The cumulative length service that causes a person’s absences from a position may not exceed five years with the following exceptions: Service required beyond five years to complete an initial period of obligated service Service from which the employee, through no fault of the employee, is unable to obtain a release within the five-year limit Required training for reservists and National Guard members Service under an involuntary order to, or to be retained on, active duty during domestic emergency or national security related situations Service under an order to, or to remain on, active duty (other than for training) because of a war or national emergency declared by the President or Congress Active duty (other than for training) by volunteers supporting "operational missions" for which Selected Reservists have been ordered to active duty without their consent Service by volunteers who are ordered to active duty in support of a "critical mission or requirement" in times other than war or national emergency and when no involuntary call up is in effect Federal service by members of the National Guard called into action by the President to suppress an insurrection, repel an invasion, or to execute the laws of the United States. There are four circumstances under which service would be disqualifying (reemployment would neither be mandated nor guaranteed): Separation from the service with a dishonorable or bad conduct discharge. Separation from the service under other than honorable conditions. Dismissal of a commissioned officer in certain situations involving a court martial or by order of the President in time of war. Dropping an individual from the rolls when the individual has been absent without authority for more than three months or who is imprisoned by a civilian court. Employees are required to return to work according to the following schedule: For service of 1 to 30 days: By the beginning of the first regularly scheduled workshift the day following the end of the service. For fitness exam: By the beginning of the first regularly scheduled workshift the day following the end of the service. For service of 31 to 180 days. An application for reemployment must be submitted no later than 14 days (or the next business day following 14 days) after completion of the service. MCN Human Resources Manual Page 52 For service of 181 or more days. An application for reemployment must be submitted no later than 90 days (or the next business day following 90 days) after completion of the service. For disability incurred or aggravated: The reporting or application deadlines are extended for up to two years for persons who are hospitalized or convalescing because of a disability incurred or aggravated during the period of military service. Employees not following the above schedule will be subject to MCN’s rules governing unexcused absences. MCN will reemploy the individual returning from service in the same position s/he held when s/he left, or in a comparable position. The employee will be reemployed at a salary rate comparable to similar positions within MCN at the time of rehire (not at the salary rate when s/he vacated the position unless there have not been wage increases in that position, or comparable positions, during the service absence). MCN will make every effort to reemploy the returning employee promptly although there may be a lag-time if the employee has been absent for a considerable period of time and the position has been filled by an interim employee so as to allow the interim employee reasonable time to find another position. MCN may request that employees who are absent for a period of service of 31 days or more provide documentation showing that: the employee’s application for reemployment is timely, the employee has not exceeded the five-year service limitation, and the employee’s separation from service was other than disqualifying. If such documentation cannot be provided because it is not readily available or does not exist, MCN will still reemploy the individual. However, if, after reemploying the person, documentation becomes available that shows one or more of the reemployment requirements were not met, MCN reserves the right to terminate the employee as of the date that the documentation is discovered. MCN will provide any needed training to the reinstated employee in order that s/he is able to perform necessary job functions. If MCN’s circumstances have changed considerably during the time of the employee’s absence (i.e. a reduction in staff, elimination of the position that the employee had held and all comparable positions) such that reemployment would be impossible, unreasonable, or cause undue hardship, MCN is not obligated to reemploy the individual. MCN will continue contributions to the employee’s retirement plan (if the employee was eligible for and had established a plan prior to the service leave). If the employee is absent for over 90 days, MCN may elect to suspend contributions to the retirement plan until the employee returns from the service leave and provides appropriate documentation of the leave and qualification to be reemployed. When the employee provides such documentation, retroactive payments to the retirement plan will be made. Service members may be required to pay the employee cost, if any, of any funded benefit to the extent that other MCN employees on leave of absence would be required to pay. Service members will, at their request, be permitted to use any vacation that had accrued before the beginning of their military service instead of unpaid leave. However, service members will not be forced to use vacation time for military service. MCN Human Resources Manual Page 53 If a person’s health plan coverage would terminate because of an absence due to military service, the person may elect to continue the health plan coverage for up to 18 months after the absence begins or for the period of service (plus the time allowed to apply for reemployment), whichever period is shorter. The person cannot be required to pay more than 102 percent of the full premium for the coverage. If the military service was for 30 or fewer days, the person cannot be required to pay more than the normal employee share of any premium. MCN Human Resources Manual Page 54 MCN Policy Unpaid Leave Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 2003 Dates Reviewed: 2005, 2007, 2009, 2011, 2014 Dates Revisions Announced to Staff: June 2009 Purpose: Mandated by: Applies to: Definitions: Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: To delineate the types of unpaid leave that MCN employees may use. n/a All MCN employees. “MCN employees” are defined as all part-time, full-time, hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. “Serious health condition” is defined to include events such as: illness, injury impairment, or physical or mental condition that involves-inpatient care, pregnancy, treated chronic conditions, supervised long term conditions, or multiple treatments. For more information: http://www.dol.gov/whd/fmla/ Text of Policy: MCN grants unpaid leave only with appropriate advance planning and approval from the CEO. A request for a leave of absence without pay for any reason must be made in writing with justification provided, and submitted to the CEO. Terms for granting such leave are negotiable in each individual case and are with the approval of the CEO. Such leaves in excess of two weeks shall result in a reduction of benefits, to be pro-rated in accordance with actual time worked. Family Medical Leave (FMLA): MCN permits a one-time leave of absence under the guidelines established by the Family Medical Leave Act (FMLA). The FMLA is a federal law that provides 12 weeks of leave on a one-time basis for: Employee’s own serious health condition MCN Human Resources Manual Page 55 Birth and first year care of a child Adoption or foster placement Care of spouse, child, or parent with a serious health condition. Most absences will require that the employee provide a medical certification from a health-care provider. To be eligible for FMLA leave, an employee must have worked for MCN for a total of 12 months (the 12 months does not have to be continuous employment) AND worked at least 1250 actual hours for MCN in the immediate preceding 12 months. During FMLA leave the employee’s benefits are maintained and MCN maintains its regular contribution to health insurance coverage. After FMLA leave, the employee returns to the same or an equivalent position with the same benefits for which she/he was eligible prior to the leave. FMLA does not provide paid leave. Employees must exhaust their PTO (paid leave) before using FMLA leave (unpaid). FMLA leave may be taken as continuous leave or intermittent leave in any increment of time up to the maximum 12 weeks (480 absent hours) per calendar year. Intermittent leave may also be used as a reduced schedule. Supervisor approval is required for FMLA leave with a 30-day advance notice requested when possible. Sabbatical Leave With appropriate advance planning and approval from the CEO, MCN permits an unpaid leave of absence for employees who have worked for MCN for a minimum of 7 years. This leave of absence is for a maximum of one four month period. A request for a Sabbatical leave of absence must be made in writing with justification provided, and submitted to the CEO. Terms for granting such leave are negotiable in each individual case and are with the approval of the CEO. Such leaves in excess of two weeks shall result in a reduction of benefits, to be pro-rated in accordance with actual time worked. MCN Human Resources Manual Page 56 MCN Policy Confidentiality Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 1992 Dates Reviewed: 1994–2005, 2009, 2011, 2014 Dates Revisions Announced to Staff: Nov. 2009 Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: 1999, 2007 To maintain confidentiality of MCN corporate and programmatic information. HHSC All MCN staff, volunteers, Board members, interns “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. For more HHSC – Texas Administrative Code, title 1, part 15, chapter 379, subchapter c. http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=15&c information: h=379&sch=C Purpose: Mandated by: Applies to: Definitions: Text of Policy: All corporate information is confidential. Employees are prohibited from discussing corporate information with persons other than those directly involved. Employees are responsible for storing confidential information (whether paper copies or electronic) in the appropriate location so as to maintain confidentiality of the document. Confidentiality of all records must be maintained. No information obtained in connection with the provision of programs or services to any person served by or through MCN shall be disclosed without the CEO’s consent, except as may be necessary to provide services, or as may be required by law. Information may be disclosed in statistical or other summary form. All employees, Board members, volunteers, and interns will be required to sign the Employee / Contractor Confidentiality Agreement assuring compliance with the law. As well, any representative of an outside entity who would have access to confidential information through an event such as an audit or site review must sign the Non-Employee Confidentiality Agreement. It MCN Human Resources Manual Page 57 is the responsibility of the employee who is the primary contact for the visitor to secure the signed Non-Employee Confidentiality Agreement. Stringent policies and procedures regarding confidentiality are in place for MCN staff who have access to Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA). At MCN the only staff who routinely have access to PHI are Health Network staff, though all staff should be aware of the HIPAA policies and procedures. Health Network staff (and others who will have access to PHI) must sign the Acknowledgement of Privacy Training. (See HIPAA Privacy Manual and HIPAA Security Manual for more information.) Confidentiality of information extends beyond employment. All levels of staff, including contractors, are prohibited in divulging, discussing, contacting or otherwise using information, for any reason, regarding any and all programs served by MCN. Any employee who violates the acceptable rules of confidentiality or other codes of professional ethics may be subject to terms of progressive discipline, which may include termination upon approval of the CEO. MCN Human Resources Manual Page 58 MCN Policy Drug-Free Workplace Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date:1994 Dates Reviewed: 1994 – 2011, 2014 Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: Dates Revisions Announced to Staff: Dec. 2009 To maintain a safe work environment free of controlled substances. Drug-Free Workplace Act of 1998, required for federal contractors / grantees, and by TX HHSC Applies to: All MCN staff. “MCN staff” is defined as all employees and contractors of MCN as well as staffing Definitions: agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. “The MCN workplace” is defined as any space where MCN employees or contractors work and/or MCN directly funds the lease, rent, or other payment for use of the space. “Controlled substances” are defined as alcohol, illegal drugs, and prescription drugs not used in a way following a legitimate prescription from a physician. “Work hours” are defined as the employee or contractor’s scheduled workday and any breaks during that time; any hours during which MCN is paying the employee or contractor outside of the regularly scheduled workday; and any time during which the employee or contractor is representing MCN (such as during travel, conferences, or meetings) even if the employee / contractor is not being specifically paid for the time in question. For more US Department of Labor: http://www.dol.gov/dol/siteindex.htm#D information: HHSC – Texas Administrative Code, title 1, part 15, chapter 379, subchapter c. http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=15&ch= 379&sch=C Purpose: Mandated by: Text of Policy: MCN Human Resources Manual Page 59 The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the MCN workplace. MCN staff members are prohibited from using controlled substances during their hours of work for MCN or in such a way that use of such substances negatively impacts the staff member’s work for MCN, the safety of the staff member or others, or MCN’s reputation. MCN recognizes that alcohol and drug abuse and addiction are treatable illnesses where early intervention and support improve the success of rehabilitation. MCN is concerned about the health and safety of employees and so encourages employees to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem. MCN’s CEO and members of the management team can provide referrals to substance abuse treatment programs. MCN allows the use of accrued paid leave while seeking treatment for alcohol and other drug problems. Treatment for alcoholism and/or other drug use disorders may be covered by the employee health insurance plan (it is the responsibility of the employee to investigate such possibilities). The ultimate financial responsibility for recommended treatment belongs to the employee. All information received by the MCN through the drug-free workplace program is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies. This includes, but is not limited to, employee self-disclosures of drug/alcohol problems, incident reports made by other employees, and the results of drug testing. Should any staff member be found to be engaging in any illegal activities with controlled substances, MCN will report that activity or activities to the appropriate legal and/or law enforcement authorities. MCN will also cooperate fully with the appropriate legal and/or law enforcement authorities in prosecuting and bringing to justice any staff member found to be engaging in any illegal activities with controlled substances. MCN has the following materials and resources available for staff members: Copies of MCN’s drug-free workplace policy and consequences for those who violate the policy (this document) Information about the dangers of drug abuse in the workplace Information about drug counseling and rehabilitation MCN staff members must notify MCN of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such a conviction. MCN must notify all federal granting agencies within ten days of receiving a notice of such a conviction from a staff member, or otherwise receiving actual notice of such a conviction. A MCN staff member who receives a criminal drug statute conviction for a violation occurring in the workplace will be sanctioned under MCN’s disciplinary procedures. Satisfactory participation in a drug assistance or rehabilitation program may be required as part of those disciplinary procedures. MCN Human Resources Manual Page 60 Examples of Prohibited Behaviors: The use, possession, solicitation for, or sale of narcotics or other illegal drugs, or prescription medication without a prescription on company premises or while performing an assignment. Being impaired or under the influence of legal or illegal drugs or alcohol away from MCN, if such impairment or influence adversely affects the employee’s work performance, the safety of the employee or of others, or puts at risk MCN’s reputation. Possession, use, solicitation for, or sale of legal or illegal drugs or alcohol away from MCN or customer premises, if such activity or involvement adversely affects the employee’s work performance, the safety of the employee or of others, or puts at risk MCN’s reputation. The presence of any detectable amount of prohibited substances in the employee’s system while at work, while on the premises of the company, or while on company business. “Prohibited substances” include illegal drugs, or prescription drugs not taken in accordance with a prescription given to the employee by a medical professional. MCN may conduct drug testing under the following circumstances: Random testing: Employees may be selected at random for drug testing at any interval determined by MCN. For-Cause testing: MCN may ask an employee to submit to a drug test at any time it appears that the employee mat be under the influence of drugs or alcohol, including but not limited to the following circumstances: evidence of drugs or alcohol on or about the employee’s person or in the employee’s vicinity; unusual conduct on the employee’s part that suggests impairment or influence of drugs or alcohol; negative performance patterns or excessive and unexplained absenteeism or tardiness. Post-Accident testing: Any employee involved in an on-the-job accident or injury under circumstances that suggest possible use of drugs or alcohol in the accident or injury event may be asked to submit to a drug and/or alcohol test. “Involved in an on-the-job accident or injury” means not only the individual who was injured, but also any employee who potentially contributed to the accident or injury in any way. Smoking Policy: Smoking is prohibited inside the MCN Austin office and immediately adjacent to office entrances. Employees who are smoking outside are reminded to keep the premises clean of smoking related trash and to take care to properly extinguish and dispose of any smoking related materials which could cause a fire hazard. Smoking must take place on an employee’s breaks, not while the employee is “on the clock”. MCN Human Resources Manual Page 61 MCN Policy Reporting Abuse Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 2006 Dates Reviewed: 2007, 2011, 2014 Dates Revisions Announced to Staff: Dec. 2009 Purpose: Mandated by: Applies to: Definitions: For more information: Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: To clarify MCN staff responsibilities about mandatory reporting of abuse of a child, elderly individual, or disabled individual. Texas Health and Human Services Commission All MCN staff. “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. “Child” is defined as an individual under age 18. “Elderly” is defined as an individual 65 years of age or older. “Disabled” is defined as an individual permanently or temporarily experiencing physical or cognitive impairment. “Abuse” is defined as acts causing substantial physical, mental, or emotional injury or the threat of such acts; sexual conduct harmful to the individual’s mental, emotional, or physical welfare; causing, permitting, or encouraging the use of controlled substance(s); or failure to make a reasonable effort to prevent any of the aforementioned items. “Neglect” is defined as placing an individual in (or failing to remove from) a situation which a reasonable person would realize could cause harm to that individual; failing to seek or withholding medical treatment; failure to provide essential items such as food, clothing, and shelter. Texas Family Code Chapter 261 (Investigation of Report of Child Abuse or Neglect): http://www.capitol.state.tx.us/statutes/fa.toc.htm Human Resources Code Chapter 48 (Investigations and Protective Services for Elderly and Disabled Persons): http://www.capitol.state.tx.us/statutes/hr.toc.htm Text of Policy: MCN Human Resources Manual Page 62 MCN staff members have a professional responsibility to report abuse and/or neglect of any child, elderly individual, or disabled individual. A report must be made within 48 hours of the staff member suspecting the abuse. The staff member may not delegate the responsibility for the report or rely on another individual to make a report. Reports may be made to any law enforcement agency (911 or local number.) Content of the report shall include as much of the following as is known to the MCN staff member: name and address of the individual being abused/neglected; name and address of the person responsible for the care of the abused/neglected individual; any other pertinent information concerning the alleged or suspected abuse or neglect. MCN staff should not be concerned about liability for making a report as the Texas Family Code states that a person acting in good faith who reports or assists in the investigation of a report of alleged child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect is immune from civil or criminal liability that might otherwise be incurred or imposed. (The above immunity is not in effect for a person who reports his/her own abuse or neglect of a child or whom acts in bad faith or with malicious purpose in reporting alleged child abuse or neglect.) MCN staff may be held criminally liable for knowingly making a false report or for failure to report suspicion or knowledge of abuse / neglect. MCN Human Resources Manual Page 63 MCN Policy Personal Political Activity Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 2005 Dates Reviewed: 2005 – 2011, 2014 Dates Revisions Announced to Staff: Nov. 2009 Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: 2007 Purpose: To maintain MCN’s status as an independent, non-partisan organization. Mandated by: Federal laws related to 501(c)3 not-for-profit status Applies to: All MCN staff. Definitions: “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. For more information: IRS regulations on 501(c)3 status and political activities Text of Policy: MCN, as a private, not-for-profit, community service organization, does not engage in partisan political activity or endorse any candidate for public office. While staff members are free to exercise their individual rights and to voice their personal preferences in political contests as individuals, they may not represent MCN in political positions, contests, or elections. They also may not engage in personal partisan political activity during working hours. Prohibited activities include (but are not limited to): Political campaigning on MCN time or premises Distributing campaign materials (signs, buttons, literature, etc.) on agency property Endorsing a candidate while officially representing MCN as a staff member or member of the board of directors Using agency resources to benefit a political campaign Advocating an issue or position which has not been expressly approved by the board of directors, while on MCN time or otherwise officially representing MCN MCN Human Resources Manual Page 64 Soliciting support or donations for a political campaign Using an agency contact list of home addresses and/or phone numbers to contact staff members to recruit support (financial or otherwise) for a campaign Political Testimony Professional staff members may be requested to testify on behalf of impending legislation or regulation with reference to health care/human services, and are encouraged to provide their professional expertise in such matters. The CEO or his/her designee shall be informed when a request is made for such testimony. Political Lobbying MCN does not participate in political lobbying. Individual staff members may not participate in political lobbying when they are officially representing MCN. Individual staff members may participate in political lobbying during non-work hours or when on leave; they must represent themselves as private citizens during their lobbying, not as representatives of MCN. Should MCN elect to officially participate in political lobbying in the future, the MCN Board of Directors must authorize that decision with an official vote. MCN would then follow all IRS mandated processes and regulations for non-profit organizations that lobby. MCN would also develop financial policies to ensure that no funds from sources prohibiting lobbying would be used for lobbying. MCN Human Resources Manual Page 65 MCN Policy Prohibition Against Gifts Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO Most Recent Approval Date: March 22, 2011 First Approval Date: 2005 Next Review Due: 2016 Dates Reviewed: 2014 Dates Revisions Announced to Staff: Nov. 2009 Dates Revised: Purpose: To avoid impropriety, or the perception of impropriety, as the result of accepting gifts from individuals or organizations. Mandated by: Applies to: All MCN staff. Definitions: “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. For more information: n/a Text of Policy: No employee of MCN, members of the employee’s family, and members of the Board shall accept any gifts, money, or gratuities from any person or organization performing services under contract with MCN, or any person who is otherwise in a position to benefit from the actions of any employee or Board member. MCN Human Resources Manual Page 66 MCN Policy Conflict of Interest Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date:2002 Dates Reviewed:2003, 2005, 2007, 2009, 2011 Dates Revisions Announced to Staff: Dec. 2009 Most Recent Approval Date: March 22, 2011 Next Review Due: 2013 Dates Revised: Purpose: To provide a safeguard against impropriety, or the appearance thereof, in actions by MCN staff or members of the Board of Directors. Mandated by: n/a Applies to: MCN staff, MCN Board of Directors Definitions: “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. "Immediate family member" is defined as spouse/partner, child, parent, brother or sister by blood, adoption, or marriage Conflict of interest is difficult to define, yet many people think they know it when they see it. The legal definition of conflict of interest " defined as personal financial or other interest in a firm selected for an award or contract,” is usually set out in state laws governing nonprofit Corporations, is very specific and covers relatively few situations. Most conflicts fall into a gray area where ethics and public perception are more relevant than statutes or precedents. Conflict of interest arises whenever the personal or professional interests of a board member are potentially at odds with the best interests of the nonprofit. Such conflicts are common: A board member performs professional services for an organization, or proposes that a relative or friend be considered for a staff position. Such transactions are perfectly acceptable if they benefit the organization and if the board made the decisions in an objective and informed manner. Even if they do not meet these standards; such transactions are usually not illegal. They are, however, vulnerable to legal challenges and public misunderstanding. Loss of public confidence and a damaged reputation are the most likely results of a poorly managed conflict of interest. MCN Human Resources Manual Page 67 For more information: n/a Text of Policy: Because public confidence is important MCN has taken steps to avoid even the appearance of impropriety. These steps include: 1. Adopting a conflict of interest policy that prohibits or limits business transactions with board members and requires board members to disclose potential conflicts. 2. Requiring all board members to sign a Conflict of Interest Statement. See Attached 3. Disclosing conflicts when they occur so that board members who are voting on a decision are aware that another member’s interests are being affected. 4. Requiring board members to withdraw from decisions that present a potential conflict. 5. Established procedures, such as competitive bids, that ensure that the organization is receiving fair value in the transaction. All members and officers of the Board of Directors, employees, directors, and contractors shall avoid any conflict between their own respective personal, professional, or business interests and the interests of MCN in any and all actions taken by them on behalf of MCN in their respective capacities. In the event of a conflict or perceived conflict of interest, the board member in question would recuse themselves from deliberation. No MCN employee or board member may participate in the selection, award or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved, meaning there is a financial or other interest in the firm selected for an award. In the event that any member or officer of the Board of Directors, employee, director, or contractor of MCN shall have any direct or indirect interest in, or relationship with, any individual or organization which proposes to enter into any transaction with the organization, including but not limited to transactions involving: a. b. c. d. the sale, purchase, lease or rental of any property or other asset; employment, or rendition of services, personal or otherwise; the award of any grant, contract, or subcontract; the investment or deposit of any funds of MCN; Such person shall give notice of such interest or relationship and shall thereafter refrain from discussing or voting on the particular transaction in which she or he has an interest, or otherwise attempting to exert any influence on MCN or its components to affect a decision to participate or not participate in such transaction. Further, no Board of Directors member shall be an employee of Migrant Clinicians Network, or be an immediate family member of an employee. The Chief Executive officer may serve only as a non-voting, ex-officio member of the Board. MCN Human Resources Manual Page 68 Disciplinary actions for violations of such standards by board members, employees or agents of MCN will be brought to the Board of Directors for determination of consequence. Conflict of Interest Statement No member of the Board of Directors of the Migrant Clinicians Network, or anyone working on a paid or voluntary basis for MCN, shall derive any personal profit or gain, directly or indirectly, by reason of his or her participation with MCN. Each individual shall disclose to the organization any personal interest which he or she may have in any matter pending before the organization and shall refrain from participation in any decision on such matter. Any member of the Board, Staff, or anyone working on a paid or voluntary basis for MCN who is an officer, board member, a committee member, or staff member of a client organization or vendor for MCN shall identify his or her affiliation with such agency or agencies; further, in connection with any committee or board action specifically directed to that agency, s/he shall not participate in the decision affecting that agency and the decision must be made and/or ratified by the full board. Any member of the Board, Staff, certain Consultants, and anyone working on a paid or voluntary basis for MCN shall refrain from obtaining any list of clients for personal or private solicitation purposes at any time during the term of their affiliation. This is to certify that I, except as described below, am not now nor at any time during the past year have been: 1) A participant, directly or indirectly, in any arrangement, agreement, investment, or other activity with any vendor, supplier, or other party doing business with MCN which has resulted or could result in personal benefit to me. 2) A recipient, directly or indirectly, of any salary payments or loans or gifts of any kind or any free service or discounts or other fees from or on behalf of any person or organization engaged in any transaction with MCN. Any exceptions to 1 or 2 above are stated below with a full description of the transactions and of the interest, whether direct or indirect, which I have (or have had during the past year) in the persons or organizations having transactions with MCN. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Date:____________________________ Signature:__________________________________ MCN Human Resources Manual Page 69 MCN Policy Grievances Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 1994 Dates Reviewed: 1994-2011, 2014 Dates Revisions Announced to Staff: Dec. 2009 Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: Purpose: To provide a structure for staff to express grievances against the organization. Mandated by: HRSA Applies to: All MCN staff. Definitions: “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. For more information: n/a Text of Policy: Employees may file a grievance for any job related problem that an employee feels should be corrected by management. Supervisors and employees are expected to make every reasonable attempt to resolve conflicts informally and off the record before initiating formal grievance procedures. When informal methods are not sufficient to resolve the issue, the employee must submit a Grievance Report form within ten working days of the problem specified by the grievance. When a Grievance Report is presented to a supervisor by an employee, the supervisor has five working days in which to respond in writing. If a resolution is not reached, the employee may take his/her grievance to the CEO or his/her delegate within three working days of the supervisor’s written response. The CEO or his/her delegate will meet with all affected supervisor(s) and the aggrieved employee prior to making a determination. The CEO or his/her delegate has five working days to respond to the employee. MCN Human Resources Manual Page 70 If employee is still unsatisfied she/he may appeal to the Executive Committee of the Board within three working days of the CEO’s response. The Executive Committee which must review the case and reach a decision within ten working days. The CEO will forward all written correspondence to the Executive Committee and arrange for employee testimony as directed by the Committee. MCN Human Resources Manual Page 71 MCN Policy Whistleblower Policy Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO Most Recent Approval Date: March 22, 2011 First Approval Date: December 10, 2007 Next Review Due: 2016 Dates Reviewed: 2011, 2014 Dates Revised: Dates Revisions Announced to Staff: November 2009 Purpose: To insure that anyone filing a complaint concerning a suspected ethics violation pertaining to MCN acts in good faith and in doing so will not suffer harassment, retaliation or employment-related consequences. Adapted from: http://www.ncna.org/index.cfm?fuseaction=Page.viewPage&pageID=430 Applies to: All MCN staff. Definitions: “employee” is defined as all employees and contractors of Migrant Clinicians Network as well as staffing agency employees placed at MCN. All “MCN staff” is defined same as above Text of Policy: Migrant Clinicians Network requires directors, officers and employees to observe high ethical standards of business and personal ethics in the conduct of their duties and responsibilities. As employees are representatives of the Organization, we must practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations. Reporting Responsibility It is the responsibility of all directors, officers, and employees to comply with the values of Migrant Clinicians Network and practice ethical behavior, as well as report suspected violations in accordance with this Whistleblower Policy. No Retaliation No director, board member, or employee who in good faith reports an ethics violation shall suffer harassment, retaliation or employment-related consequences. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment. This Whistleblower Policy is intended to aid MCN Human Resources Manual Page 72 and protect employees in the process of reporting serious concerns with Migrant Clinicians Network prior to seeking resolution outside the organization. Reporting Violations In the event of a suspected violation, employees should contact their immediate supervisors for assistance in filing the complaint. In the event that an employee feels uncomfortable contacting his/her immediate supervisor, or feels the problem has not been adequately addressed, he/she may proceed to contact higher levels of supervision. Supervisors handling these reports will contact the Board or other necessary authorities in seeking resolution. Accounting and Audit Matters The finance committee of the board of directors will address reports concerning corporate accounting practices, internal controls or auditing. Any reports of suspected ethics violations shall be submitted in a timely manner to the finance committee by the supervisor handling the complaint. Acting in Good Faith Anyone filing a complaint concerning a suspected ethics violation must be acting in good faith and have reasonable grounds for believing that the information disclosed is evidence of an ethics violation. Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense. Confidentiality Suspected violations may be submitted on a confidential basis or anonymously to the organization. Confidentiality of reports will be maintained to the extent possible, consistent with the need to conduct an adequate investigation. Handling of Reported Violations The supervisor receiving a report regarding a suspected ethics violation will notify the sender and acknowledge receipt of the suspected violation within five business days. All reports will be promptly investigated and followed by corrective action as deemed necessary by the investigation. MCN Human Resources Manual Page 73 MCN Policy Phone Usage while Driving Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: June 2010 Dates Reviewed: 2011, 2014 Dates Revisions Announced to Staff: July 1, 2010 Purpose: Mandated by: Applies to: Definitions: For more information: Most Recent Approval Date: 3/22/2011 Next Review Due: 2016 Dates Revised: 9/26/2011 Regulations on phone usage while operating a vehicle on MCN time All MCN staff, employees and contractors All MCN Staff is defined as defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. Federal regulation EO 13513 Text of Policy: Federal regulation EO 13513 is the prohibition of federal employees and contractors to text message while operating a vehicle. Migrant Clinicians Network will follow the same policy. Additionally, MCN will not allow any MCN employee who is texting on the phone while driving to be covered by our insurance policy or to have workman’s compensation benefits should they get involved into an accident. MCN Human Resources Manual Page 74 MCN Policy Code of Ethics Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: May 28, 2011 Dates Reviewed: May 28, 2011, 2014 Dates Revisions Announced to Staff: 2011 Purpose: Mandated by: Applies to: Definitions: Most Recent Approval Date: May 28, 2011 Next Review Due: 2016 Dates Revised: To define MCN’s expectations on ethics and compliance All MCN staff, employees and contractors The term “employee” is used in its broadest sense and refers to every officer, contractor and employee. The word “law” refers to laws, regulations, orders, etc. “Gifts” are items and services of value that are given to any outside parties, but do not include items described below. • Normal business entertainment items such as meals and beverages are not to be considered “gifts.” • Items of minimal value, given in connection with sales campaigns and promotions or employee services, safety or retirement awards are not to be considered “gifts” for purposes of this code. • Contributions or donations to recognized charitable and nonprofit organizations are not considered gifts. • Items or services with a total value under $100 per year are excluded. “Supplier” includes not only vendors providing services and material to the company, but also consultants, financial institutions, advisors, and any person or institution which does business with MCN. For more information: Text of Policy: This Code of Ethics is a general guide to acceptable and appropriate behavior at the Migrant Clinicians Network and all employees are expected to comply with its contents. Each employee is responsible for his or her actions and therefore should be familiar with this code so as to readily distinguish any proposal or act that would constitute a violation. Violations can result in disciplinary action, including dismissal and criminal prosecution. There will be no reprisal against an employee who in good faith reports a violation or suspected violation. MCN Human Resources Manual Page 75 The absence of a specific guideline practice or instruction covering a particular situation does not relieve an employee from exercising the highest ethical standards applicable to the circumstances. Each employee should apply this code with common sense and the attitude of seeking full compliance with the letter and spirit of the rules presented. If any employee has doubts regarding a questionable situation that might arise, that employee should immediately consult his supervisor or higher level. Competition and Antitrust Fair Competition MCN supports competition based on quality, service and price. We will conduct our affairs honestly, directly and fairly. Compliance with Laws and Regulatory Orders The applicable laws and regulatory orders of every jurisdiction in which MCN operates must be followed. Each employee is charged with the responsibility of acquiring sufficient knowledge of the laws and orders relating to his duties in order to recognize potential dangers and to know when to seek legal advice. Conflicts of Interest A potential conflict of interest exists for employees who make decisions in their jobs that would allow them to give preference or favor to a customer in exchange for anything of personal benefit to themselves or their friends and families. Such situations could interfere with an employee’s ability to make judgments solely in MCN’s best interest. Gifts and Entertainment No employee or member of his immediate family shall solicit or accept from an actual or prospective customer or supplier any compensation. Entertainment and services offered by a supplier or customer may be accepted by an employee when they are associated with a business meeting and the supplier or customer provides them to others as a normal part of its business. Relationships with Suppliers and Customers Business transactions must be entered into solely for the best interests of the MCN. No employee can, directly or indirectly, benefit from his position as an employee or from any sale, purchase or other activity of the company. Employees should avoid situations involving a conflict or the appearance of conflict between duty to the company and self-interest. Confidential Information and Privacy of Communications Confidential information includes all information, whether medical, technical, business, financial or otherwise concerning MCN or organizations or individuals with which it works, which MCN treats as confidential or secret and/or which is not available or is not made available publicly. It also includes any private information of, or relating to, customer records, fellow employees, other persons or other companies, and national security information obtained by virtue of the employee’s position. Company policy and various laws protect the integrity of MCN’s confidential information which must not be divulged except in strict accordance with established company policies and MCN Human Resources Manual Page 76 procedures. The obligation not to divulge confidential company information is in effect even though material might not be specifically identified as confidential and the obligation exists during and continues after employment with MCN. Company Assets Cash and Bank Accounts All cash and bank account transactions must be handled so as to avoid any question or suspicion of impropriety (see policy 003.03.01, Receiving Cash and 003.01.01, Bank Account and Check Signers). Company Assets and Transactions Compliance with prescribed accounting procedures is required at all times (003.08.04, Code of Conduct for Procurement). Employees having control over company assets and transactions are expected to handle them with the strictest integrity and ensure that all transactions are executed in accordance with management’s authorization. All transactions shall be accurately and fairly recorded in reasonable detail as outlined in accounting policy 003.08.03, Paying Bills. Employees are personally accountable for company funds over which they have control. Employees who spend company funds should ensure the company receives good value in return and must maintain accurate records of such expenditures. Employees who approve or certify the correctness of a bill or voucher should know that the purchase and amount are proper and correct. Obtaining or creating “false” invoices or other misleading documentation or the invention or use of fictitious sales, purchases, services, loans, entities or other financial arrangements is prohibited. Expense Reimbursement Expense actually incurred by an employee in performing company business must be documented on expense reports in accordance with company procedures. In preparing expense reports, employees should review these procedures for the documentation in order to be reimbursed for business expenses. Software and Computers Computerized information and computer software appear intangible, but they are valuable assets of the company and must be protected from misuse, theft, fraud, loss and unauthorized use or disposal, just as any other company property. Political Contributions Federal law and many state laws prohibit contributions by corporations to political parties or candidates. The term “political contributions” includes, in addition to direct cash contributions, the donation of property or services, and the purchases of tickets to fundraising events. Employees can make direct contributions of their own money, but such contributions are not reimbursable. It is improper for an employee to use his position within the company to solicit political contributions from another employee for the purpose of supporting a political candidate or MCN Human Resources Manual Page 77 influencing legislation. It is also improper for an employee to make a political contribution in the name of the company. Employee Conduct on Company Business Dishonest or illegal activities on company premises or while on company business will not be condoned and can result in disciplinary action, including dismissal and criminal prosecution. The following illustrates activities that are against company policy: The unlawful manufacture, distribution, dispensation, possession, transfer, sale, purchase or use of a controlled substance. Driving vehicles or operating company equipment while under the influence of alcohol or controlled substances. Texting on cell phones while driving Illegal betting or gambling. The company reserves the right to inspect any property that might be used by employees for the storage of their personal effects. This includes desks, file cabinets and packing boxes owned by the company. It is a violation of MCN policy to store any contraband, illegal drugs, toxic materials or weapons on company property. Reporting Violations All employees are responsible for compliance with these rules, standards and principles. In the area of ethics, legality and propriety, each employee has an obligation to the company that transcends normal reporting relationships. Employees should be alert to possible violations of the code anywhere in the company and are encouraged to report such violations promptly. Reports should be made to the employee’s supervisor, the appropriate administrative, financial, or information technology department personnel, or elsewhere as the circumstance dictates. Employees will also be expected to cooperate in an investigation of violations. In addition, any employee who is convicted of a felony, whether related to these rules or not, should also report that fact. All employees are required to notify the company within five (5) days of any conviction of any criminal statute violation occurring on the job. All cases of questionable activity involving the code or other potentially improper actions will be reviewed for appropriate action, discipline, or corrective steps. Whenever possible, the company will keep confidential the identity of employees about or against whom allegations of violations are brought, unless or until it has been determined that a violation has occurred. Similarly, whenever possible, the company will keep confidential the identity of anyone reporting a possible violation. Reprisal against any employee who has, in good faith, reported a violation or suspected violation is strictly prohibited. Discipline Violation of this code can result in serious consequences for the company, its image, credibility and confidence of its customers and can include substantial fines and restrictions on future operations as well as the possibility of fines and prison sentences for individual employees. Therefore, it is necessary that the company ensure that there will be no violations. MCN Human Resources Manual Page 78 The overall seriousness of the matter will be considered in setting the disciplinary action to be taken against an individual employee. Such action, might include: • Reprimand • Probation • Suspension • Demotion • Combination of the above • Dismissal In addition, individual cases might involve: • Reimbursement of losses or damages • Referral for criminal prosecution or civil action • Combination of the above Employees should recognize that it is in their best interest, as well as the company’s, to follow this code carefully. Disciplinary action might also be taken against supervisors or executives, who condone, permit or have knowledge of illegal or unethical conduct by those reporting to them and do not take corrective action. Disciplinary action might also be taken against employees who make false statements in connection with investigations of violations of this code. MCN in its sole discretion will determine the disciplinary action appropriate to a given matter. The listing of possible actions is informative only and does not bind the company to follow any particular disciplinary steps, process or procedure. MCN’s rules and regulations regarding proper employee conduct will not be waived in any respect. Violation is cause for disciplinary action including dismissal. All employees will be held to the standards of conduct described in this policy. MCN never has and never will authorize any employee to commit an act that violates this code or to direct a subordinate to do so. With that understood, it is not possible to justify commission of such an act by saying someone directed it in higher management. Annually, each employee will review MCN’s Code of Conduct and sign the code’s Acknowledgment form and complete and sign the Conflict of Interest Questionnaire. If the employee’s circumstances change at any time, a new Conflict of Conduct or letter of explanation must be completed. MCN Human Resources Manual Page 79 MCN Policy Personnel Records Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO Most Recent Approval Date: 03/22/2011 First Approval Date: 2005 Next Review Due: 2016 Dates Reviewed:2007, 2009, 2011, 2014 Dates Revised: Dates Revisions Announced to Staff: April 12, 2010 Purpose: Mandated by: Applies to: Definitions: For more information: To incorporate new employees, or changes to employee information, into the payroll system. Funding Sources, Internal Controls MCN corporate financial functions n/a Text of Policy: Requests for new personnel are originated by program administrators and sent to the CEO for approval. The CEO is authorized to approve new positions within budget constraints. Employment of new personnel is in accordance with MCN Personnel policies. Any notices of changes in personnel data are promptly reported in writing to the CFO for payroll changes. MCN Human Resources Manual Page 80 MCN Guideline Selection of Personnel Area: Corporate Governance Policy Corporate Function Guideline Financial Function Guideline Clinical Function Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 2007 Dates Reviewed: 2014 Dates Revisions Announced to Staff: June 2009 Purpose: Mandated by: Applies to: Definitions: For more information: Most Recent Approval Date: 3/22/2011 Next Review Due: 2016 Dates Revised: n/a To ensure a consistent process for the selection of new MCN staff members. n/a All MCN staff positions “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. n/a Text of Guideline: All personnel shall be selected on the basis of their experience, education, and competence related to the position for which they are applying, to assure the appointment of persons best qualified to effectively and efficiently discharge MCN’s functions. Selection is based on qualifications without regard to any protected status as outlined in MCN’s Non-Discrimination Policy. (see policy 002.01.03). Only qualified applicants of good character and reputation will be hired. Qualifications specified in the job description will be used as guidelines for recruiting and setting salary rates. Whenever qualifications are identified as a minimum, they are required as a continuing condition of employment or advancement. The CEO may waive educational qualifications, unless required by law or regulation, if the candidate is otherwise qualified for the job. Responsibility for selecting personnel is as follows: Employment of the CEO – MCN’s CEO is chosen by the Chairperson of the Board and is confirmed by a vote of the Board. MCN Human Resources Manual Page 81 Employment of other employees – The decision to hire all employees, excluding the CEO position, rests with the CEO, but may be delegated by to those in positions of supervisory and/or other administrative responsibility, with their decisions subject to the approval of the CEO. In order to provide current MCN employees an opportunity to apply for available positions, all job openings for which current employees qualify will be posted within MCN. Internal applicants will follow the same application procedure as external applicants. All applicants will be required to complete an employment application form or submit a resume of educational and employment history and furnish employment references, at least two of which shall be former employers, unless the employee does not have such employment experience. Applicants will complete the Reference Release form and references will be checked by MCN prior to employment. MCN Human Resources Manual Page 82 MCN Guideline New Employee Orientation Area: Corporate Governance Corporate Functions Financial Functions Clinical Functions Approved By: Board of Directors CEO CFO CMO First Approval Date: 2007 Dates Reviewed: 2011, 2014 Dates Revisions Announced to Staff: June 2009 Most Recent Approval Date: 3/22/2011 Next Review Due: 2016 Dates Revised: Purpose: To orient new staff members to MCN’s corporate culture and policies as well as specific job functions. Mandated by: Applies to: Definitions: n/a All MCN staff members. “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. For more information: Text of Guideline: MCN understands the importance of providing new employees with comprehensive training in order that they might best perform the functions of their job. MCN also encourages new employees to take initiative in their training and seek advice / information as needed from supervisors, peers, and members of the Senior Management team. New employee training focuses on three areas: Policies and Guidelines: through the use of this handbook General MCN History and Program Areas: through the use of the New Staff Orientation manual HIPPA manual Job Specific Functions: through program specific training materials, conversations with supervisors, and shadowing supervisors/peers MCN Human Resources Manual Page 83 MCN Guideline Outside Employment Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Needs Approval by: Board of Directors CEO CFO CMO First Approval Date: 2005 Dates Reviewed: 2005—2011, 2014 Dates Revisions Announced to Staff: 5/14/2009 Purpose: Mandated by: Applies to: Definitions: For more information: Approval Given (date): 3/22/2011 Next Review Due: 2016 Dates Revised: n/a To allow MCN employees to accept outside employment provided it does not interfere with their employment with MCN. n/a All MCN employees (does not apply to contractors). n/a Text of Guideline: Outside employment is permitted provided that it does not interfere with the effective performance of the employee’s duties in MCN. Such employment shall not involve a conflict of interest, or conflict with the employee’s duties in MCN. Such employment shall not occur during the employee’s regular or assigned working hours for MCN unless the employee is on annual leave or leave without pay. Employees are not required to notify their supervisor or the CEO of outside employment (provided it meets the above guidelines). If an employee’s outside employment is determined to interfere with MCN employment (such determination is at the discretion of the supervisor and/or CEO) the employee may be asked to resign from the outside employment or face termination from MCN employment. MCN Human Resources Manual Page 84 MCN Guideline Nepotism Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Needs Approval by: Board of Directors CEO CFO CMO First Approval Date: 1999 Dates Reviewed: 1999 – 2011, 2014 Dates Revisions Announced to Staff: July 1, 2010 Purpose: Mandated by: Applies to: Definitions: For more information: Approval Given (date): 3/22/2011 Next Review Due: 2016 Dates Revised: To provide guidelines for multiple members of a family working for MCN. n/a All MCN staff. “Nepotism” is defined as favoritism based on a familial relationship. “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. “Immediate family member” is defines as wife, husband, partner, son, daughter, daughter-in-law, son-in-law, mother, father, motherin-law, father-in-law, aunt, uncle, niece, nephew, step-parent, stepchild, grandparents, and grandchildren. n/a Text of Guideline: No member of MCN shall engage in nepotism in any form including, but not limited to: hiring, promotions, job responsibilities, and wages. Individuals who are related by blood, marriage, or reside in the same household may be employed by MCN but under no circumstances shall one supervise the other. If one is in a higher position of authority than the other (i.e. one a Director, one an Associate) the one in the higher position shall not use her or his authority to influence the other family member’s supervisor with regards to issues such as: promotions, job responsibilities, wages, or disciplinary procedures. Employees who marry or become part of the same household during their tenure with MCN are treated in accordance with these guidelines. MCN Human Resources Manual Page 85 The CEO reserves the right to reassign employee responsibilities, office locations, hours, or other aspects of employment if it is determined that the familial relationship between two employees is causing a negative impact on MCN’s work or workplace atmosphere. MCN Human Resources Manual Page 86 MCN Guideline Voluntary Termination Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date:2007 Dates Reviewed: 2007-2011, 2014 Dates Revisions Announced to Staff: July 1, 2010 Purpose: Mandated by: Applies to: Definitions: For more information: Most Recent Approval Date: 3/22/2011 Next Review Due: 2016 Dates Revised: To provide guidelines for employees resigning from MCN. n/a All MCN employees n/a Text of Guideline: Employees may at any time terminate their employment voluntarily by providing written notice of intention to resign. Resignation shall be construed as termination of employment initiated by the employee and such resignation shall in no way adversely affect future references for the employee. When employees terminate employment with MCN, it is appreciated if part-time staff and temporary staff provide MCN at least two (2) calendar weeks notice. Salaried and hourly full-time staff is requested to provide one (1) month notice. MCN Human Resources Manual Page 87 MCN Guideline Employee Lay-Off Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 2007 Dates Reviewed: 2011, 2014 Dates Revisions Announced to Staff: June 2009 Purpose: Mandated by: Applies to: Definitions: For more information: Most Recent Approval Date: 3/22/2011 Next Review Due: 2016 Dates Revised: To outline procedures for events necessitating employee lay-offs. n/a All MCN employees. n/a Text of Guideline: Although it is the intent of MCN to offer secure, ongoing employment for its employees, a situation may arise which requires a reduction in staff. If employees must be released, those individuals who have not completed their probationary employment may be considered first for termination. Other staff will be reviewed according to the employee’s years of employment with MCN and time in grade at their present position. Those with greater seniority will be retained first, providing specialized skills are not needed. All decisions to lay off staff shall be the responsibility of the CEO; in consultation with the employee’s immediate supervisor, who shall consider length of service, MCN’s overall staffing requirements, and the skills and capacities of individual staff members. Employees who are laid off may request that their name and contact information be placed in an active file of candidates for employment and will be given preferred status for reemployment. MCN Human Resources Manual Page 88 MCN Guideline Exiting Employment Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: Dates Reviewed: 2007, 2009, 2011, 2014 Dates Revisions Announced to Staff: July 1, 2010 Purpose: Mandated by: Applies to: Definitions: For more information: Most Recent Approval Date: 3/22/2011 Next Review Due: 2016 Dates Revised: 2007 To outline process for employees to exit employment with MCN. n/a All MCN staff “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. n/a Text of Guideline: When employees leave MCN under voluntary termination or lay-off (if circumstances permit), MCN expects that all work assignments and tasks be satisfactorily completed prior to employee’s final working day. Other employees should be trained to perform essential functions of the job being vacated and whenever possible, written instructions should be left. During this interim period it is requested that all company property assigned to individual (i.e. keys, corporate credit card) be returned to the agency and accounted for. The employee should also provide her/his server login password, computer login password, and voicemail code. The final paycheck will be released at the end of the payroll cycle following the employee’s last day. All exiting employees should plan to conduct an exit interview with their supervisors, or the CEO, during their last week of employment. The exit interview provides feedback to MCN about the employee’s experience while working at MCN. MCN Human Resources Manual Page 89 MCN Guideline Employee Retirement Income Security Act (ERISA) Compliance Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 2005 Dates Reviewed: 2005, 2007, 2009, 2011, 2012, 2014 Dates Revisions Announced to Staff: 01/25/2010 Purpose: Mandated by: Applies to: Definitions: For more information: Most Recent Approval Date: 11/15/2009 Next Review Due: 2016 Dates Revised: 2007, 2011 To explain MCN’s retirement and health plans and their compliance with the Employee Retirement Income Security Act (ERISA). Employee Retirement Income Security Act of 1974 MCN corporate functioning. “MCN employees” are defined as all part-time, full-time, hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. “Plan Trustee” is defined as the party responsible for oversight of the overall plan; in MCN’s case the Chief Executive Officer will act as Trustee. Duties include ensuring that the legal requirements of the plan are met (annual tax reporting, timely distributions to employees who separate from service, ensuring that MCN makes the contribution for each participant each year, etc.) “Plan Administrator” is defined as the party responsible for day-to-day operation of the plan; in MCN’s case the Chief Executive Officer will act as Administrator. In a small organization, duties tend to mesh with that of the Trustee, and include ensuring that contribution checks are issued, providing enrollment information to new full-time, salaried employees, etc. US Department of Labor: http://www.dol.gov/dol/topic/health-plans/erisa.html Text of Policy: ERISA requires an employer who establishes or maintains an employee benefit plan to provide participating employees with a Summary Plan Description of their benefits. In the case of each benefit plan described below, MCN serves as the plan administrator and/or plan sponsor. Group Health Insurance: MCN Human Resources Manual Page 90 The name of the plan is John Alden Group Trust. The plan is commonly known as Assurant Health/John Alden and the specific plan subscribed to by MCN is the high deductible major medical plan. The address for the plan is P.O. Box 1599 Boise, ID 83701-1599 and the phone number is 800-328-4316. The Employer Identification Number (EIN), assigned by the Internal Revenue Service is 742662919. The plan number is 141925. The agent of record Fred Viehweg, 6204 Green Oaks Dr., Austin, TX 78746. Agent’s phone number is 512-327-5721. Benefits All employees who work over 80% time and have completed their 90-day probationary period are eligible for group health insurance. Full time employees have 100% of their premiums covered. Employees hired prior to May 1, 2004 will be provided with the insurance premium for each full-time salaried employees and their families (based on percentage scale above). Employees hired after May 1, 2004 will be provided with the insurance premium for each full-time salaried employee (based on the percentage scale above). Dependent coverage will be offered at the employee’s expense. If dependent coverage is elected, one-half of the amount will be deducted directly from the employee’s paychecks. The following benefits are included in MCN’s group health insurance plan: Major Medical Coverage – In addition to paying the employees’ insurance premiums, MCN will contribute $125/month to each insured employee’s Health Savings Account (HSA). Deductibles $3,000/Single; $6,000 Family, per calendar year. See Certificate of Group Insurance for details. Current Major Medical Coverage benefits effective as of June 1st, 2011 Specific terms subject to change. Electing to Decline Group Health Insurance: An employee declining group health insurance is required to sign and date a document stating they have elected to decline MCN’s Group Health Insurance. They will be eligible to sign up for MCN’s Group Health Insurance again during Open Enrollment or if they experienced a no fault event. Open enrollment begins April 1st of each year. Group Term Life Insurance: Full-time salaried employees that have completed their 90-day probationary period are eligible for group Life Insurance and Long Term Disability. Full time salaried employees have 100% of their premiums covered. The name of the plan is Principal Life Insurance Company. The plan is commonly known as Principal. The address for the plan is 711 High Street Des Moines, IA 50392-0001 and the phone number is 800-843-1371. The group policy number is P97895-1. MCN Human Resources Manual Page 91 Benefits: Full-time, salaried employees are eligible for up to $50,000 based on salary coverage of group life insurance after completing a 90-day probationary period. MCN pays 100% of the insurance premium for each full-time, salaried employee. Long Term Disability: Benefits: Group long term disability insurance provides each full-time salaried employee with a monthly benefit for periods during which the employee is disabled due to injury or sickness. Full-time, employees are eligible for disability insurance. As a disabled employee, the insured is entitled to a monthly scheduled amount equal to 60% of his/her regular monthly earnings up to a maximum schedule amount of $5,000. Pension Plan (Tax Sheltered Annuity): MCN has set up an IRS approved Standardized Money Purchase Pension Plan. The Money Purchase Plan (specifically, “The MCN 401A Money Purchase Plan) is available through Ameriprise Financial Services.. The plan address is 8500 Bluff Stone Cove, Ste 105 A, Austin, Texas 78759 and the phone number is 512 795-0274. The account number is 0607 6881 9 002]. The agent of record for the Ameriprise account is -. Benefits: All full-time salaried employees are eligible to participate after completing a 90-day probationary period. MCN contributes 5% of gross earnings to each eligible employee’s retirement account on a monthly basis. Eligible employees are given the opportunity to select a retirement plan that best meets their needs. Eligible employees can direct further tax deductible contributions to their retirement using a tax-sheltered annuity. All employee tax sheltered annuity contributions are exempt from federal income taxes. The plan’s normal retirement age is 65 (may not exceed 65). The following conditions must be met before a participant becomes eligible to receive benefits: An eligible Employee who has satisfied the eligibility requirements will become a Participant as of the first day of the month coinciding with or next following the date on which such requirements are satisfied. The following joint and survivor benefits are provided under the plan: At your death, your beneficiary has the following options: They can either opt for to take a lump sum or they can have the amount paid out to them over their life expediency. The following circumstances may result in a participant’s disqualification and forfeiture of benefits: Everyone is 100% vested once they enter the plan. There is nothing that can happen that will cause you to forfeit your benefits. MCN Human Resources Manual Page 92 MCN Guideline Professional Development Process for Use Area: Corporate Governance Policy Approved By: Board of Directors Most Recent Approval Date: Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline CEO CFO CMO February 9, 2012 First Approval Date: February 2012 Next Review Due: 2016 Dates Reviewed: 2014 Dates Revised: Dates Revisions Announced to Staff February 2012. Purpose: Mandated by: Applies to: Definitions: To clearly state MCN guidelines on utilizing MCN funds and time for Professional Development and continuing education.. n/a All MCN employees working 50% time and over. “MCN employees” are defined as hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. For more information: Text of Guideline: Professional Development: MCN is committed to the development and nurturing of staff as the most valuable and important asset of the organization. MCN strives to support each employee in their efforts to expand their expertise and acquire new skills in alignment with MCN needs All eligible employees are encouraged to take advantage of professional development opportunities after three months of employment. Any employee planning to attend an activity financed by MCN must fill out the Activity Request Form and submit it to his/her direct supervisor for review. The supervisor will check all the information and may ask for additional information if necessary. All supervisors will: Check date(s) for possible conflict with other activities. Confirm with CFO that MCN has to the ability to finance the activity if approved. Check to see whether there is any other source of funds to finance the activity (in case MCN does not have available funds). MCN Human Resources Manual Page 93 Check to see whether there are different options that could provide the same benefits to the employee and MCN at lower costs, and if so, estimate those costs. Check to see whether other employees are interested in the same activity in order to share costs. The supervisor will send the form with her/his recommendations to the CEO for consideration. CEO will approve or reject the request and will inform the supervisor of the decision. The supervisor will notify the employee about the decision made on the request. Professional Development After three months After Year One After Year Two After Year Three After Years Five + $ 300 up to Up to $ 350 Up to $ 400 Up to $ 500 Up to $ 600 per year Directors Professional Development and Clinician Continuing Education After three months Up to $ 750 After Year One Up to $ 1,000 After Year Two Up to $ 1,500 After Year Three Up to $ 2,000 After Years Five + Up to $ 2,500 per year Professional Development funds have a two-year carry-over period. Exceptions to these funding guidelines may be made at the discretion of the CEO based on the availability of funds and the value to the corporation. Unused funds remain the property of MCN should you not use the funds for any reason, including leaving the company. MCN Human Resources Manual Page 94 MCN Guideline Employee Hours and Schedules Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO Most Recent Approval Date: 8/31/2011 First Approval Date: 2005 Next Review Due: 2016 Dates Reviewed: 2005-2007, 2009, 2011, 2014 Dates Revised: 2011 Dates Revisions Announced to Staff: August 17, 2009 Purpose: Mandated by: Applies to: Definitions: For more information: To outline the guidelines for employee workday schedules and breaks. n/a All MCN employees. “MCN employees” are defined as all part-time, full-time, hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. “MCN’s workweek” is defined as 12:00 am Sunday to 11:59 pm Sunday. See information below Text of Policy: The MCN Austin office is open from 8:00 a.m. to 6:00 p.m. Central time, Monday through Friday (except holidays). At least two employees must have a schedule starting at 8:00 am (in order to open the office) and at least two must have a schedule ending at 6:00 pm (to close the office). Full-time hourly employees are expected to hold a regular schedule of 8:00 am to 5:00 pm, 8:30 am to 5:30 pm or 9:00 am to 6:00 pm, as arranged with their supervisors. This 9 hour schedule includes 1 hour of unpaid lunch break time (see 002.06.02, “Breaks”, below). Alternate schedules may be arranged with approval from a supervisor when it can be shown that it would benefit MCN or one of its programs. Part-time employees will arrange their schedules with their supervisors. All hourly employees must clock in and out using the TA Navigator database. This will record the time worked each day. Employees should clock in when arriving at the office, clock out MCN Human Resources Manual Page 95 when taking any unpaid breaks (i.e. lunch), clock back in when returning from these breaks, and clock out at the end of the day. Employees should clock themselves in and out whenever possible instead of asking a co-worker to do it for them. Breaks MCN allows for reasonable breaks during an employee’s paid workday for personal tasks such as using the restroom, getting a drink of water, stretching, etc. These breaks should generally last 5-10 minutes and not occur more frequently than every couple of hours. If a supervisor or other member of the management team determines that an employee’s breaks are too frequent and are impacting the employee’s productivity, the supervisor will discuss this with the employee and take disciplinary action as necessary. Employees with a workday of five hours or longer are entitled to a 1 hour lunch break. The lunch break is unpaid time. Lunch breaks should generally fall between 11:00 a.m. and 2:00 p.m. unless circumstances otherwise dictate. For the most part employees are free to take their lunch breaks at their convenience. Reference: U.S. Department of Labor 2006: http://www.dol.gov/dol/topic/workhours/breaks.htm Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks work-time that must be paid. . . . Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable. Reference: Texas Workforce Commission Handbook 2006: http://www.twc.state.tx.us/news/efte/d_breaks.html Breaks are a common source of confusion for employers. As noted toward the beginning of this paper, the FLSA does not require employers to give breaks during the workday, but if breaks are given, certain rules apply. Rest or coffee breaks, defined as 20 minutes or less, are compensable hours worked under 29 C.F.R. 785.18, since they are regarded as being for the benefit of both the employer and the employee. Meal breaks, on the other hand, are not compensable, as long as they are at least 30 minutes in length and the employee is "completely relieved from duty for the purpose of eating a regular meal" (see 29 C.F.R. 785.19). Shorter meal breaks may be considered valid under special circumstances. The most frequent pitfall for employers is thinking that employees have true meal breaks if they are allowed to eat at their desks while answering phones, opening mail, sorting files, and so on. Such duties performed while trying to eat will render the time spent during the meal break compensable. Employers may control unauthorized work during meal breaks by the disciplinary process. Reference: California Law (from Division of CA Labor Standards and Enforcement): http://www.dir.ca.gov/dlse/faq_mealperiods.htm No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an “on duty” meal period and counted as time MCN Human Resources Manual Page 96 worked. An “on duty” meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time. California Code of Regulations, Title 8, §11040. Reference: Maryland Law (DLLR's Division of Labor and Industry): There is no law requiring an employer to provide breaks, including lunch breaks, for workers 18 years old or older. An employer who chooses to provide a break, however, does not have to pay wages for lunch periods or other breaks in excess of 20 minutes where the employee is free to leave the worksite (or workstation if leaving the workplace is physically impractical), in fact takes their lunch or break (whether freely choosing to leave or remain at the worksite), and the employee does not actually perform work. If employees are told their pay will be reduced each day by one-half hour for lunch, and they are not free to take this lunch period without an expectation or reasonable understanding that they must work or be on hand to work, they must be paid for the time. A "reasonable understanding" that they must work or be on hand to work is a condition in which it is generally known, or the employee reasonably believes, that failure to perform work (or be available "on hand" to perform work) during their break, will result in some negative effect on employment. Reference: Pennsylvania Law not found Reference: Washington Law: http://www.lni.wa.gov/WorkplaceRights/files/policies/esc6.pdf Meal periods are not considered hours of work and may always be unpaid as long as employees are completely relieved from duty and receive 30 minutes of uninterrupted mealtime. Reference: U.S. Department of Labor 2007: http://www.dol.gov/dol/topic/workhours/breaks.htm Rest and Meal Periods: Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time. These short periods must be counted as hours worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee must be completely relieved from duty for the purpose of eating regular meals. The employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating. Flex-Time MCN has a flex-time protocol which allows for occasional shifts in an employee’s usual schedule for events or appointments which must be scheduled during the employee’s normal workday. With approval from a supervisor or the CEO, an employee may shift up to 4 hours of work time within a given week (starting on Sunday, ending on Saturday). The actual hours worked should be reported on the employee’s timesheet (not the regularly scheduled hours). MCN Human Resources Manual Page 97 MCN Guideline Attendance Area: Corporate Governance Policy Approved By: Board of Directors Most Recent Approval Date: Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline CEO CFO CMO January 18, 2012 First Approval Date: February 2005 Next Review Due: 2016 Dates Reviewed: January 2007, 2009, 2011, Dates Revised: 2012 2012, 2014 Dates Revisions Announced to Staff January 2012. Purpose: Mandated by: Applies to: Definitions: To clearly state MCN guidelines with regards to acceptable and unacceptable attendance and absences from the workplace. n/a All MCN employees and staffing agency employees. “MCN employees” are defined as all part-time, full-time, hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. For more information: Text of Guideline: MCN strives to support each employee in their efforts to create a balanced work and personal life. MCN employees are each provided a work area and are expected to utilize that area to do the bulk of their work. Working from home or taking work home is generally unnecessary and is discouraged except in for certain staff whose work schedule includes significant weekends and travel or for some remote staff. Staff members must obtain specific prior approval to deviate from this guideline and supervisors must alert the CFO in writing in order to assure that hours worked from home are eligible for payment. MCN expects all employees to conduct themselves in a professional manner during their employment. This includes practicing good attendance habits. All employees should regard coming to work on time, working as scheduled, and leaving at the scheduled time as essential functions of their jobs. Good attendance habits are an integral part of every employee’s job description. MCN Human Resources Manual Page 98 Under some circumstances, an employee’s absence or tardiness may be excused, but only if that employee gives proper notice of such a problem before or within 30 minutes after their scheduled time of arrival. MCN needs advance notice of attendance problems so that other arrangements can be made to cover an employee’s absence if necessary. “Proper notice” means that the employee will call the MCN office telephone number and personally notify (not leave a message for) their supervisor or another member of management about the problem, unless a verifiable emergency makes it impossible to do so. If the employee is unable to make such a call, a family member may do so. If an employee is absent without notice for two days in a row, that employee will be considered to have abandoned her/his job and MCN will process the work separation as a voluntary resignation on the part of the employee. Employees using authorized leave are exempt from the absence or tardiness rules above. Please see policies Jury Duty, Bereavement Leave, and Voting Leave Guidelines (and all subsections herein) for regulations governing authorized leave. MCN Human Resources Manual Page 99 MCN Guideline Reporting Hours Area: Corporate Governance Corporate Functions Financial Functions Clinical Functions Approved By: Board of Directors CEO CFO CMO First Approval Date: 2005 Dates Reviewed: 2007, 2011, 2014 Dates Revisions Announced to Staff: June 2009 Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: 2009 To clarify MCN’s procedures for payroll and reporting hours. US Department of Labor and applicable state laws All MCN employees. “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. For more information: . Purpose: Mandated by: Applies to: Definitions: Text of Policy: Hours/ Pay Periods / Paydays / Procedure All full time employees are required to work a minimum of 40 hours per regular work week which begins on Sunday and ends on Saturday. Hourly employees are expected to regularly work exactly 40 hours and salaried employees are expected to work the hours and at the times necessary to adequately fulfill their duties. Regular office hours begin at 8:00am and end at 6:00pm Monday through Friday. All staff may select a 9 hour time frame between those hours as their regular schedule. MCN allows for an hour unpaid lunch time for full time employees. Lunch and breaks must be taken during the middle of the day and cannot be taken either at the beginning or the end of the day. MCN pay periods end on the fifteenth (15th) and the last day of each month. MCN paydays are the fifth (5th) and twentieth (20th) days of the month. When a payday falls on an MCN holiday or weekend, pay will be issued on the day preceding the MCN holiday or weekend. MCN will provide direct deposit payments and pay stubs to employees are accessible through the timekeeping system. It is not MCN policy to issue pay in advance of the normal payday. When an employee is terminated (voluntarily or involuntarily), final pay will be released at the end of the next pay period following an accounting of all MCN property, equipment, supplies, forms, etc, for which the former employee was responsible. Timesheets MCN Human Resources Manual Page 100 All MCN employees must keep track of their hours worked on their MCN timesheet. This timesheet should be kept up-to-date (to the current day) and document the total number of hours as well as the breakdown of time by project (i.e. how many hours or portions of hours were spent working for each project listed on the timesheet). Timesheets document hours to the quarter hour (i.e. .25, .5, .75, 1, etc.). Timesheets are also used to document hours billed to holiday time or personal time off. Paychecks cannot be issued if hours are not submitted by 10 am following the final pay period date - the (fifteenth (15th) or last day of the month). Time not completed by that time will be completed with personal time off to maintain a full time for that period. If an employee is traveling and has computer access, he or she should email a copy of the timesheet to his or her supervisor or the CFO to be submitted to the CEO on the due date. If an employee is traveling and does not have computer access or is absent from work unexpectedly (i.e. illness), she or he may phone his or her supervisor or the CFO to report hours so that the timesheet can be submitted by the due date. Time Clock System Hourly and salaried MCN Administrative and Program Management staff must document their time by logging in and out each day using the TA Navigator Time Clock System. Logging out and back in is required for employees taking lunch, a break or leaving the office for any non business related reason. All employees are required to take two 15 minute breaks during the work day. These may be put together and combined with lunch to make a 1 hour lunch/break. The TA Navigator Time Clock is the primary method of reporting hours worked and the time sheets serve as the backup documentation. On occasion an employee may forget to log in or out. Each employee will be allowed to adjust their timesheet to reflect a failure to log in or out a total of three times. After three adjustments payroll will be calculated using the TA Navigator hours. Employees on travel are not required to log in and out, but must have their time entered by their supervisor or the CFO. If there is a discrepancy between hours worked, the hours logged in and out on the Time Clock will be used. Pay stubs Pay stubs are available in the time keeping system. Contractor Pay Periods Contractors are paid once a month, on the fifth of the following month. Invoices and time allocation sheets are due by 10:00 am the first day of the following month. If invoices and time allocation sheets are not in by that time, they will not be paid on the fifth and will be charged $25 for the first required separate pay deposit and $50 for subsequent separate deposits. After the third, appropriate action will be determined by their supervisor, the CFO and the CEO. MCN Human Resources Manual Page 101 MCN Guideline Jury Duty Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 1992 Dates Reviewed: 1994,1996,1997,1999,2000,2001,2003, 2005, 2007, 2009, 2011, 2014 Dates Revisions Announced to Staff: June 2009 Purpose: Mandated by: Applies to: Definitions: Most Recent Approval Date: 8/30/2011 Next Review Due 2016 Dates Revised: 2011 To allow employees their regular pay while they are serving on a jury. n/a All MCN employees. “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. “MCN employees” are defined as all part-time, full-time, hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. For more information: Text of Guideline: When an employee serves on jury duty, he/she shall be entitled to leave with pay for such duty, and for such period of absence required. Compensation of fees received for jury duty or other services other than travel reimbursement will be deducted from wages or salaries paid for the leave period. The employee must provide proof of jury duty attendance to her/his supervisor. An employee will not lose his/her job because of time absent for jury duty, nor will it affect benefits, seniority, or any other aspect of employment with MCN which is correlated with amount of time worked (i.e. time spent at jury duty counts as time working for MCN – up to the employee’s usual number of hours in a day – for benefits, seniority, or other such aspects of employment). MCN Human Resources Manual Page 102 Reference: (January, 2007) U.S. Department of Labor: http://www.dol.gov/dol/topic/benefits-leave/juryduty.htm The Fair Labor Standards Act (FLSA) does not require payment for time not worked, including jury duty. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee's representative). The Bureau of Labor Statistics' (BLS) Employee Benefits Survey indicates that 87 percent of employers offer paid leave for jury duty service. While federal law does not, some state laws require employers to pay employees who are asked to serve jury duty. Reference: (January, 2007) Travis County District Clerk http://www.co.travis.tx.us/district_clerk/jury/E2.asp The law does not require that your employer pay you while you are on jury duty, though many choose to do so. The law does require that your employer allow you time off from work to fulfill your jury service obligations, and you cannot be discharged from your job for being on jury duty. Reference: (January, 2007) California Judicial Branch Website http://www.courtinfo.ca.gov/jury/employer.htm State law does not require employers to compensate employees who are absent because of jury service. Reference: (July, 2011) Pennsylvania Courts Website http://www.courts.phila.gov/juryservice/ Under Pennsylvania law, an employer is not required to pay persons during their period of jury service. However, an employer may not fire you or otherwise harm you for responding to a summons. Reference: (July, 2011) Maryland Courts Website http://www.courts.state.md.us/juryservice/faqs.html Maryland law may not An employer may not deprive an employee of his/her employment solely because of job time lost by the employee as a result of responding to a jury summons or as a result of attending court for service or prospective service as a trial or grand juror. Employers are not obligated to pay their employees while serving jury duty. Reference: (July, 2011) Washington Courts Website MCN Human Resources Manual Page 103 http://www.courts.wa.gov Washington law says employers, "shall provide an employee with sufficient leave of absence from employment when that employee is summoned" for jury duty. It also says employers, "shall not deprive an employee of employment or threaten, coerce, or harass an employee or deny an employee promotional opportunities" for serving as a juror. It does not say your employer has to pay you while you serve. MCN Human Resources Manual Page 104 MCN Guideline Bereavement Leave Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 1992 Dates Reviewed:1994-2005, 2011, 2014 Most Recent Approval Date: 3/22/2011 Next Review Due: 2016 Dates Revised: Dates Revisions Announced to Staff: July 1, 2010 Purpose: To allow leave time for employees to attend funerals of immediate family members. Mandated by: n/a Applies to: All MCN employees. Definitions: “MCN employees” are defined as all part-time, full-time, hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. “Immediate family members” are defined as spouse/partner, child, parent, sibling, grandparent, grandchild, and/or spouse/partner’s parent or child. For more information: Text of Policy: Salaried and hourly full-time employees who have completed their 90 day probationary period will be granted up to three days paid bereavement leave for the purpose of attending a funeral of an immediate family member (as defined above). Part time employees will be eligible for paid bereavement only for those days they have been scheduled and expected to work. Part time employees with be granted paid bereavement prorated for up to 3 days of the percent time worked. Except in the case of an emergency, the employee shall request approval from his/her immediate supervisor prior to taking funeral leave. Such leave shall be reported as Bereavement Leave on the employee’s time sheet. MCN Human Resources Manual Page 105 Reference: (2010) U.S. leave/funeral-leave.htm Department MCN Human Resources Manual of Labor http://www.dol.gov/dol/topic/benefits- Page 106 MCN Guideline Voting Leave Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO Most Recent Approval Date: 8/30/2011 First Approval Date: 1992 Next Review Due: 2016 Dates Reviewed: January 2007,2009, 2011, Dates Revised: 7/2011 2014 Dates Revisions Announced to Staff: August 17, 2009 Purpose: Mandated by: Applies to: Definitions: To allow employees time to vote in national and local elections. n/a All MCN employees “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. For more information: n/a Text of Policy: MCN encourages employees who are registered voters to vote in local and national elections. In order to facilitate voting, certain schedule modifications are permitted as needed to provide time for voting. 1. With advance permission from a supervisor, an eligible employee may use flex-time for voting, following the standard procedures for flex-time (see policy 002.06.01 subsection 002.06.01.02). 2. If the polls are not open at least two hours before or after an employee’s regularly scheduled hours of work, the employee may receive Voting Leave if it is necessary to vote. Under this provision, the employee may report to work two hours after the polls open (not “two hours after the regularly scheduled arrival time”) or leave work two hours before the polls close (not “two hours before the regularly scheduled departure time”), whichever requires less time off. This requires prior approval by a supervisor and the time used should be recorded on the employee’s timesheet as Voting Leave. MCN Human Resources Manual Page 107 Note: When early voting exists for a given voting day, the polls are considered to be open at least two hours before the regularly scheduled workday and this provision is not applicable. Reference: (January, 2007) Texas Election Code Section 276.004 http://tlo2.tlc.state.tx.us/statutes/el.toc.htm UNLAWFULLY PROHIBITING EMPLOYEE FROM VOTING. (a) A person commits an offense if, with respect to another person over whom the person has authority in the scope of employment, the person knowingly: (1) refuses to permit the other person to be absent from work on election day for the purpose of attending the polls to vote; or (2) subjects or threatens to subject the other person to a penalty for attending the polls on election day to vote. (b) It is an exception to the application of this section that the person's conduct occurs in connection with an election in which the polls are open on election day for voting for two consecutive hours outside of the voter's working hours. (c) In this section, "penalty" means a loss or reduction of wages or another benefit of employment. Reference: (January, 2007) California Secretary of State http://www.ss.ca.gov/elections/elections_tov.htm State law (California Elections Code Section 14001) requires employers to post a notice to employees advising them of provisions for taking paid leave for the purpose of voting in statewide elections. . . . Employees are eligible for paid time off for the purpose of voting only if they do not have sufficient time outside of working hours to vote. Employees can be given as much time as they need in order to vote, but only a maximum of two hours is paid. Employers may require employees to give advance notice that they will need additional time off for voting. Employers may require time off to be taken only at the beginning or end of the employee's shift. No Federal, Maryland, Washington or Pennsylvania laws found. MCN Human Resources Manual Page 108 MCN Guideline Court Attendance Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 2005 Dates Reviewed: 2005, 2009, 2011, 2014 Dates Revisions Announced to Staff: July 1, 2010 Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: 7/2011 Purpose: To delineate the procedures for court appearances by MCN employees. Mandated by: n/a Applies to: All MCN employees. Definitions: “MCN employees” are defined as all part-time, full-time, hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. For more information: n/a Text of Policy: When an employee attends court in connection with her/his usual official MCN duties, no leave is required. However, compensation or fees, if any, received, as a witness serving in an official capacity shall be turned over to MCN. Any such fees or compensation will be credited to the Miscellaneous Income Fund. When an employee is subpoenaed in a private non-MCN related litigation, to testify in a nonMCN capacity, but as an individual, they may use PTO if there are sufficient hours accrued. The compensation or fee received by employee for services rendered may be retained by the employee when the litigation is non-MCN related. MCN Human Resources Manual Page 109 MCN Guideline Performance Evaluation Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 2006 Dates Reviewed: 2007,2009, 2011, 2014 Dates Revisions Announced to Staff: June 2009 Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: 2006 Purpose: To provide employees with a process for receiving regular feedback about their performance and to provide a standardized way for employees to make plans for their professional development. Mandated by: n/a Applies to: All MCN employees Definitions: “MCN employees” are defined as all part-time, full-time, hourly, and salaried employees of the organization. This definition does not include staffing agency employees or contractors. For more information: For Contractor evaluation guidelines, see the Contractor Policies Manual. Text of Policy: MCN believes that frequent feedback between employee and supervisor is essential to exemplary job performance and staff development. As such, MCN procedures require periodic performance evaluations. This is not to imply that less formal/structured communication and opportunities for feedback do not or should not take place on a more frequent basis as needed. Probationary Evaluation: The first performance evaluation takes place after 90 days of employment at MCN and designates the end of the probationary period. At this point, the employee and supervisor will have a verbal check-in to determine whether or not the employee wants to stay at MCN and whether or not she/he is a good fit for the organization and the job. This conversation can be documented in writing to the extent it seems necessary to the employee and supervisor. If it is documented in writing, both should sign and it should be placed in the personnel file. For employees staffed through a staffing agency, this check-in marks the point of transition from staffing agency employee to MCN employee. MCN Human Resources Manual Page 110 Following this conversation, employees who remain at MCN become eligible for any benefits which were contingent on their completing the probationary period. Routing Quarterly Evaluations: Within two weeks of the evaluation to end the probationary period, the employee and supervisor should work together to formulate an “Employee Work plan” which will cover the time until the employee’s anniversary date of working at MCN. The employee will draft this plan, then send it to their supervisor who will add feedback. The final version is submitted to the CEO for approval and filed in the employee’s personnel file with a copy returned to both the employee and supervisor. At three-month intervals, the employee will review and comment on work plan progress then present that to supervisor who will review and add her/his own comments (agreement, disagreement). Following a quarterly check-in meeting, the employee, supervisor and CEO will sign off and it will go into employee’s personnel folder (with copy to employee and supervisor). (If the CEO does not agree with employee and supervisor comments, all three will meet to discuss and revise until agreement is reached, then sign off.) Annual Evaluation: Within three weeks of the employee’s anniversary date of beginning to work at MCN, the employee and supervisor will meet to complete the final performance evaluation based on the Employee Work plan for that year. The results of this evaluation form the basis for recommendations regarding employee merit increases or other forms of compensation. If an employee disagrees with the supervisors final comments in the evaluation, he/she may specifically state his/her disagreement in an addendum to the evaluation, which shall be completed within five working days of the original evaluation signing. This addendum will be signed and dated by the employee, supervisor, and CEO, and included in the employee’s personnel file. An addendum does not change the supervisor’s evaluation of the employee, which will remain in force as written. After completing the final evaluation, the employee and supervisor will begin the process again by putting together an Employee Work plan for the coming year. MCN Human Resources Manual Page 111 MCN Guideline Professional Business Conduct Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 2005 Dates Reviewed: 2005-2011, 2014 Dates Revisions Announced to Staff: August 2009 Purpose: Mandated by: Applies to: Definitions: Most Recent Approval Date: September 1, 2011 Next Review Due: 2016 Dates Revised: 9/2011 To maintain a professional business atmosphere at MCN. n/a All MCN staff. “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. For more information: n/a Text of Policy: MCN is a professional organization and, as such, all employees must conduct themselves in keeping with the accepted rules of confidentiality, current codes of professional ethics, and a professional and personal code of conduct which is in keeping with MCN’s and the employee’s professional standing in the community. Employees are expected to behave like professionals and to treat fellow employees with the utmost courtesy. This includes lending a hand to other employees as needed and as possible. A “that’s not my job” attitude is strongly discouraged. Each employee is responsible for keeping his/her working area, as well as common areas of the office (i.e. kitchen, conference room, living room) clean, neat, and professional looking. In keeping with a professional office environment, employees should silence cell phones while in the office and only make or receive cell phone calls while on a break. Employees are expected to act in a fiscally professional manner as well and safeguard MCN assets for the exclusive benefit of the organization. Each has a responsibility to report theft of MCN Human Resources Manual Page 112 material items or intellectual property, keep personal use of MCN resources (including time) to a minimum, and to accurately report reimbursable business expenses. MCN employees are expected to act in an ethical manner. Employees are never to accept money, gratuities, ask for loans, or borrow the corporation’s property in return for doing their job at MCN. Dress Code As representatives of MCN, employees should remember that their appearance is a direct reflection on the level of professionalism in the company. For this reason, all employees shall follow these basic guidelines in regard to dress and personal appearance. A semi-casual business dress atmosphere is maintained in the MCN Austin office during general operations. Visits from representatives of outside organizations, businesses, or agencies may require more formal attire or appearance. Likewise, when representing MCN at external meetings, conferences, trainings, or other events, more formal attire and appearance are generally required. Questions about appropriate attire and/or appearance should be directed to a supervisor. Management may impose additional appropriate standards and specifications as needed. Semi-casual is a dress code in the American context. It is less presentational than business casual but not as lax as full casual dress. In general, closed toed shoes are appropriate. Sandals may also be appropriate in the summer and tennis shoes are acceptable as well. Nice looking dress jeans or synthetic pants are acceptable. Slacks that are cotton or other synthetic material, dressy shorts and capris are appropriate Inappropriate pants include sweatpants, exercise pants, tight or short shorts and any spandex or other form-fitting pants such as biking pants. Casual dresses and skirts are acceptable. Dresses, sun dresses and skirts should be at a length at which you can sit comfortably in public, high cut in the front and no shorter than fingertip length. Mini-skirts, skorts, beach dresses and strapless dresses are inappropriate for the office. A button-down shirt, semi-formal T-shirt, sweater shirt or sweater vest is acceptable. Almost any kind of coat, scarf or hat may pair with semi-casual dress in inclement weather. In most contexts, excessive jewelry is considered out of place with semi-casual dress. MCN Human Resources Manual Page 113 MCN Guideline Harassment Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 2005 Dates Reviewed: 2007, 2009, 2011, 2014 Dates Revisions Announced to Staff: July 1, 2011 Purpose: Mandated by: Applies to: Definitions: Most Recent Approval Date: March, 22, 2011 Next Review Due: 2016 Dates Revised: 2007 To maintain a workplace free of harassment. US Department of Labor All MCN staff. “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. For more information: Text of Policy: MCN is committed to providing a work environment, which is free of unlawful harassment and intimidation. Company policy prohibits harassment because of race, color, sex, religion, national origin, age, disability, pregnancy, sexual orientation, gender identity and expression, HIV / AIDS status and/or status a veteran or member of the armed services or any other basis protected by federal, state or local law, regulation, or ordinance. ALL SUCH HARASSMENT IS ILLEGAL. MCN has a zero tolerance policy for vulgar, abusive, humiliating or threatening language, practical jokes, or other inappropriate behavior in the workplace. MCN’s anti-harassment policy applies to all individuals involved in the operation of the company, and prohibits unlawful harassment by an employee of MCN including officers/directors, supervisors and co-workers, or by any vendors and/or independent contractors and their employees. Non-employee violators of this policy are subject to expulsion from MCN’s facilities when harassment occurs on company premises. MCN may discontinue service to off-MCN premise violators of this policy. Furthermore, MCN may report violators to the appropriate authority for MCN Human Resources Manual Page 114 civil or criminal action. MCN prohibits retaliation of any kind against employees, who, in good faith, bring harassment complaints or assist in investigating such complaints. Any employee who believes that he or she is the victim of any type of harassment, including sexual harassment, should immediately report such actions to their supervisor, or to any manager or corporate officer/director. If an employee’s immediate supervisor is involved in the alleged harassment, it is unnecessary to make a report to that individual. Employees are encouraged to report the alleged harassment within three calendar days of the offense. It is not necessary to file a formal complaint or grievance to complain of sexual harassment. MCN takes all complaints seriously and handles complaints as promptly, thoroughly and confidentially as possible. MCN will clearly inform the employee of his or her rights to assistance and how to preserve and protect those rights. MCN will fully and completely investigate any report of alleged harassment and will take appropriate corrective action depending on the severity of the conduct. This can include disciplining or discharging any individual who is found to have violated this prohibition against harassment. The complaining employee will be informed of the action taken. An employee who engages in acts of harassment contrary to MCN’s policy may be personally liable in any legal action brought against them. Employees should also be aware that as an employer, MCN has a duty to prevent and correct harassment even when the complaining employee asks that no action be taken and that the complaint be kept confidential. MCN will not tolerate retaliation against any employee for making an allegation of harassment or for participating in such an investigation. Retaliation in any form is prohibited. Any employee who violates this policy is subject to disciplinary action up to and including dismissal. Examples of Prohibited Behaviors: Prohibited unlawful harassment because race, color, sex, religion, national origin, age, disability, pregnancy, sexual orientation, gender identity and expression, HIV / AIDS status and/or status a veteran or member of the armed services or any other protected basis includes, but is not limited to, the following behaviors: Verbal actions such as slurs, derogatory comments or jokes, epithets or unwanted sexual invitations, advances or comments; Visual conduct such as sexually-oriented, pornographic and/or derogatory photographs, posters, drawings, cartoons, gestures, e-mail or Internet sites; Physical actions such as unwanted touching, assault, blocking another’s way or interference with work because of sex, race or any other protected category; Threats or demands to submit to sexual advances or requests as a condition of continued employment, offers of employment benefits in return for sexual favors, or to avoid some other negative employment action; and Retaliation against any employee for making an allegation of harassment or for participating in such an investigation. MCN Human Resources Manual Page 115 Sexual harassment is further specified as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when: Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individuals; or Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. MCN Human Resources Manual Page 116 MCN Guideline Personal Use of MCN Resources Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 2005 Dates Reviewed: 2005–2007, 2009, 2011, 2014 Dates Revisions Announced to Staff: July 1, 2010 Most Recent Approval Date: 3/22/2011 Next Review Due: 2016 Dates Revised: 2011 Purpose: To delineate the acceptable and unacceptable personal uses of MCN resources. Mandated by: n/a Applies to: All MCN staff. Definitions: “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. “Excessive use” is defined as use which interferes with normal job duties, responsiveness, or the ability to perform daily job activities. “Material” is defined as any visual, textual, or auditory entry. “Personal Time” is defined as lunch time, breaks, before and after regular work hours. “Inappropriate” is defined as racist, sexist, threatening, or otherwise objectionable or illegal. For more information: n/a Text of Policy: The use of MCN resources, including computers, printers, fax machines, phones, mail/postage systems, email and all forms of Internet access, is for company business and is to be used for authorized purposes only. Personal use of the computer, local phone, email, or the Internet is acceptable as long as it is not excessive or inappropriate, occurs during personal time, and does not result in expense to MCN. MCN Human Resources Manual Page 117 Currently, MCN permits employees to print documents on corporate printers and/or use the postage meter as a perk of employment; employees must log their use of the printer and/or postage meter and then reimburse MCN at the end of each month. Use of fax machines and long-distance phone calls incur a charge to MCN and personal use of these systems is permitted only in very rare circumstances and must be approved by a supervisor. Personal use of these systems may require reimbursement to MCN by the employee. MCN automation systems are company resources and are provided as business communications tools. These systems should not be used to solicit or sell products, distract co-workers, or disrupt the workplace. Use of company resources for illegal activity is grounds for immediate dismissal and possible criminal prosecution. Using company automation systems to create, view, transmit or receive racist, sexist, threatening, or otherwise objectionable or illegal material is strictly prohibited. Such material violates MCN’s anti-harassment policies and is subject to disciplinary action up to and including dismissal. Internet Use: The Internet is to be used to further MCN’s mission, to provide effective service of the highest quality to MCN’s constituents and staff, and to support other direct job-related purposes. Supervisors should work with employees to determine the appropriateness of using the Internet for professional activities and career development. The various modes of Internet access are MCN resources and are provided as business tools to employees who may use them for research, professional development, and work-related communications. All MCN policies and procedures apply to employees’ conduct on the Internet, especially but not exclusively, relating to: intellectual property, confidentiality, company information dissemination, standards of conduct, misuse of company resources, anti-harassment, and information and data security. Violation of these policies and/or state and federal laws can lead to disciplinary action up to and including dismissal and possible criminal prosecution. MCN owns the rights to all data and files in any information system used in the company. Internet use is not confidential and no rights to privacy exist. The user should have no expectation to privacy. MCN reserves the right to monitor Internet usage, both as it occurs and in the form of account histories and their content. MCN has the right to inspect any and all files stored in private areas of the network in order to assure compliance with policy and state and federal laws. MCN will comply with reasonable requests from law enforcement and regulatory agencies for logs, diaries, archives, or files on individual Internet activities. Existing rules, policies and procedures governing the sharing of work-related or other confidential information also apply to the sharing of information via the Internet. MCN has taken necessary actions to assure the safety and security of our network. Any employee who attempts to disable, defeat, or circumvent MCN security measures is subject to disciplinary action up to and including dismissal. MCN Human Resources Manual Page 118 Use of MCN computers, networks, and Internet access is a privilege granted by management and may be revoked at any time for inappropriate conduct. Email Use: MCN’s electronic mail system must not be used to violate the laws and regulations of the United States or any other nation or state, city, province or other local jurisdiction in any way. As MCN owns the rights to all data and files in any computer, network or other information system used in the company, MCN also reserves the right to monitor electronic mail messages and their content. Employees must be aware that the electronic mail messages that they send and receive using MCN equipment are not private and are subject to viewing, downloading, inspection, release and archiving by MCN officials at all times. Employees must also be aware that emails they send using an MCN computer (even if not using MCN email) are able to be identified as coming from MCN’s server and so are subject to the same guidelines for appropriate use and content as email sent directly from MCN email. Because any inappropriate use of email through the MCN server (whether from MCN email or an independent account) could result in liability issues for MCN, any violation of these guidelines for appropriate use and content is taken very seriously and can result in disciplinary procedures (see section 002.02). No employee may access another employee’s computer, computer files or electronic mail messages without prior authorization from either the employee or an appropriate MCN official. Examples of Prohibited Behaviors: Sending chain letters Engaging in private or personal business activities Misrepresenting oneself or MCN Engaging in unlawful or malicious activities Using abusive, profane, threatening, racist, sexist or otherwise objectionable language in either public or private messages Sending, receiving or accessing pornographic materials Becoming involved in partisan politics Downloading any programs, screensavers, music, or other files without the express authorization of MCN’s information technology staff Causing congestion, disruption, disablement, alteration or impairment of MCN networks or systems Defeating or attempting to defeat security restrictions on company systems and applications Software Copyright: MCN has licensed the use of certain commercial software application programs for business purposes. Third parties retain the ownership and distribution rights to such software. No employee may create, use, or distribute copies of such software that are not in compliance with the license agreements for the software. Violations of this policy can lead to disciplinary action up to and including termination (see section 002.02). Employees are individually liable for any MCN Human Resources Manual Page 119 and all damages incurred as a result of violating company security policy, copyright, and licensing agreements. MCN Human Resources Manual Page 120 MCN Guideline Travel Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date:1992 Dates Reviewed:1992, 1994,1996, 1997,1999, 2000, 2001, 2003, 2005,2007,2009, 2011 Dates Revisions Announced to Staff: January 2012, Purpose: Mandated by: Applies to: Definitions: For more information: Most Recent Approval Date: 6/4/2013 Next Review Due: 2015 Dates Revised: 1992, 1994,1996, 1997,1999, 2000, 2001, 2003, 2005, 2007, 2009, 2011, 2012, 2013 2013 To provide guidance for employees needing to travel to conduct MCN business. Texas Department of State Health Services All MCN employees. “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. n/a Text of Policy: MCN employees have the need to travel for work-related purposes. Expenses for such travel shall be reimbursed by MCN provided the employee follows the guidelines for permission to travel as well as the procedures for submitting reimbursement forms. Employees should consult with their supervisors prior to any travel in order to discuss the reason for travel, the dates of the travel, and the approximate cost. All travel to be made in an official capacity for MCN business is to submitted for approval to the CFO on the travel authorization and reimbursement form and must be authorized by the CEO/CFO or his/her designee prior to incurring any expenses. Expenses for travel that is completed without prior approval may not be reimbursable. Approved travel expenses can be prepaid in certain circumstances. An employee may request from the CFO a travel advance (up to the full amount) of the employee’s out-of-pocket expenses during the travel (i.e. per diem). If the request for an advance of funds is granted, the employee is responsible and liable to MCN for these advanced funds. Such funds should be reconciled within two weeks of issuance with a substantiating travel report so that the employee’s account can be settled. Whenever possible, travel expenses such as airfare, hotel, rental car, registration fees, and airport parking should be billed directly to MCN. Receipts must be submitted for ALL expenses charged to MCN (employee may be held liable for expenses not substantiated by a receipt). MCN Human Resources Manual Page 121 Employees should carry the MCN tax-exempt ID number and information in order to request tax exemption whenever possible and keep travel costs to a minimum. Employees are expected to share a room when possible. If the employee chooses not to share a room, they will be required to pay the difference and may pay the difference from their Health and Well Being funds. Allowable expenses are usually limited to air fares, ground transportation by the most cost effective method, hotel and per diem. Certain out-of-pocket expenses may also be approved. Employees incurring authorized out-of-pocket expenses for incidental items may be reimbursed upon submitting a travel expense report and presenting the receipt and proof of expenses. The following are examples of allowable miscellaneous expenses: Auto storage (airport parking) and metered parking expenses Taxi service and airport limousines, including tips Bridge and road tolls Telephone Internet Alternative documentation may be submitted for minor expenses such as telephone, subway, toll fares, meter parking, etc. Personal Automobile Use: sEmployees will be reimbursed at the applicable federal rate per mile using the employee’s automobile for authorized MCN business both local and out-of-town. When being reimbursed for personal auto use, there is no additional reimbursement for gasoline. Documentation of the number of miles traveled is required for personal auto reimbursement. Corporate Auto Insurance: MCN carries physical damage coverage for employee owned vehicles when they are being used official MCN business and on any rental vehicle that is being used for official MCN business by a permissible driver. This includes coverage for a board member that is renting a car that MCN is paying for or a presenter that is renting a car that MCN is paying for. In the case of employee owned vehicles, physical damage coverage is secondary to the employees’ own insurance. If the employee has an auto accident while on MCN business and s/he does not carry physical damage on their own car, the corporate policy would cover this. This insurance covers permissible drivers in any US state. This insurance does not cover drivers in Mexico. Standard comprehensive and collision deductibles apply. Charging Work Hours during travel: Employees will be paid up to 8 hours for each full day that they are actively traveling, working away from the office or working a portion of a day and traveling a portion of a day. In unusual cases where the employee is required to work exceptionally long hours or work and travel in the same 24 hour period resulting in exceptionally long hours the supervisor may request overtime or comp time to compensate for the additional work. MCN Human Resources Manual Page 122 MCN Human Resources Manual Page 123 MCN Guideline Accidents and Emergencies Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 2005 Dates Reviewed: 2005, 2007, 2009, 2011, 2014 Dates Revisions Announced to Staff: 1/25/2010 Most Recent Approval Date: 3/22/2011 Next Review Due: 2016 Dates Revised: 2007 Purpose: To implement a plan in case of any accidents or emergencies involving MCN staff involved in official MCN activities. Mandated by: n/a Applies to: All MCN staff. Definitions: “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. n/a For more information: Text of Policy: In the event of an accident or emergency situation on MCN premises or away from the MCN premises but while involved in official MCN activities, an employee must notify her/his supervisor or the CEO immediately. A written Accident Report should be prepared and turned in as soon as possible, no later than ten days from date of accident. If injuries prevent the employee from preparing the report, that employee’s supervisor should prepare the report. Instructions for more detailed courses of action in specific situations follow. These situations apply primarily to the Austin office but staff in other offices should follow similar protocols as applicable. Power / Utility Outage If a power outage in Austin is anticipated (i.e. during a lightening storm) staff should turn off all computers. If breakers need to be reset, please notify Alan Barbee (512) 496-4140. Food / Water in an Emergency In the event that an emergency prohibits staff from leaving the MCN Austin premises, attention should be paid to food and water provisions that might be needed. If there is advance warning before a water shut-off, staff should fill both bathtubs with water (to be used for hand washing / toilet flushing) and any pitchers / bottles in the kitchen with water for drinking. Emergency First Aid MCN Human Resources Manual Page 124 MCN staff members are encouraged to complete certification courses for CPR and Basic First Aid. Staff members who have completed such a course should notify their supervisors and have a copy of their certification cards placed in their employment file. A list of certified staff members will be stored on the MCN server (Admin\Employee). Fire Safety Fire extinguishers in the Austin office are located in the kitchen, copy room, and in the basement office. Staff members should attempt to extinguish a fire only when doing so would not put them in harms way. In the event of a fire in the Austin office, staff members should exit the building and meet at the base of the driveway (by the mailbox). The most senior staff person should verify that all staff members from the building are present and assign one staff person to go to 1010 Land Creek Cove to call 9-1-1. Staff members should not re-enter the building until emergency personnel have stated that it is safe to do so. The following doors must not have their deadbolts locked during business hours so that staff members will be able to exit the building quickly should they need to: lower office (Health Network office), living room, front door (main entrance), and basement. Staff members are reminded of the following basic fire safety principles: 1. If there is smoke in the air, stay as close to the ground as possible when exiting the building 2. If any item of clothing catches fire: stop-drop-and-roll to extinguish the fire 3. Test doors before opening them; if a door feels hot, do not open it. Likewise, if you open a door and find more smoke, close the door immediately and do not go through it. 4. If trapped behind a closed door (due to heat or smoke), exit through a window if possible. If exiting is not possible, keep the door shut, try to put something along the crack at the bottom to minimize smoke entering the room, and open a window for fresh air. 5. If trapped in the building for any reason, signal to others that you are there (yell or place something in the window to draw attention). External Disasters/Weather Emergencies In the event of an external disaster staff should follow any official protocol statements issued by police or other emergency personnel (evacuations, road closures, etc.). In the event of a weather emergency occurring before the Austin office’s regularly scheduled hour to open (8:00 am), staff should follow the Austin Independent School District (AISD) school delay or closing schedule. If a weather emergency occurs while staff are in the office, the CEO or another member of the management team will determine whether it is safer for personnel to remain in the building or leave. Staff members should use good judgment with regards to disasters or weather emergencies: if it does not seem safe to travel to or from the office, do not do so. Fumes/Vapors/Gas Leaks If an odor of gas or any other toxic or noxious material is detected, alert other staff members that they are to leave the building and follow the same protocol as above for fire: Meet at the base of the driveway (by the mailbox). The most senior staff person should verify that all staff members from the building are present and assign one staff person to go to 1010 Land Creek Cove to call MCN Human Resources Manual Page 125 9-1-1. Staff members should not re-enter the building until emergency personnel have stated that it is safe to do so. Vehicle Accidents Report all accidents to the police at the time of the accident and ask them to file an accident report (regardless of who is at fault). Notify MCN’s non-employer owned vehicle Insurance carrier. MCN Human Resources Manual Page 126 MCN Guideline Health and Hygiene Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 2007 Dates Reviewed: 2009, 2011, 2014 Dates Revisions Announced to Staff: 1/15/2010 Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: To minimize spread of contagious illnesses in the workplace n/a All MCN staff. “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. For more information: n/a Purpose: Mandated by: Applies to: Definitions: Text of Policy: Staff members are advised to take care of their own health, as well as the health of colleagues, by minimizing the potential spread of contagious illnesses. The following procedures should be observed: 1. Avoid contact with any bodily fluids (blood, saliva, feces, etc.) encountered in the workplace. Treat all bodily fluids as potentially hazardous. 2. If sick with a contagious illness, remain at home. If you report to work, you may be asked to leave or to take precautionary measures (such as wearing a medical mask) to avoid infecting co-workers. 3. Wash hands frequently during cold and flu season. Always wash hands after using the restroom and before cooking or eating. 4. If recovering from an airborne contagion, you may be required to provide a note from a medical professional stating that you are no longer contagious before returning to the workplace. Note that all information about contagious or communicable diseases shared with a supervisor or other member of senior management will be treated as confidential information. MCN Human Resources Manual Page 127 MCN Guideline Workplace Violence Response Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: June 2010 Dates Reviewed: 2011, 2014 Dates Revisions Announced to Staff: July 1, 2010 Most Recent Approval Date: June 2010 Next Review Due: 2016 Dates Revised: Purpose: To maintain a workplace free of violence. To assure employees’ physical and job safety if abuse is reported. Mandated by: HHSC Applies to: All MCN staff. Definitions: “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. An “MCN staff member” is any individual included in the previous definition. “Violence” is defined as the expression of physical or verbal force against self or other, compelling action against one's will on pain of being hurt. Worldwide, violence is used as a tool of manipulation and also is an area of concern for law and culture which take attempts to suppress and stop it. “Abuse” is defined as acts causing substantial physical, mental, or emotional injury or the threat of such acts; sexual conduct harmful to the individual’s mental, emotional, or physical welfare; causing, permitting, or encouraging the use of controlled substance(s); or failure to make a reasonable effort to prevent any of the aforementioned items. “Neglect” is defined as placing an individual in (or failing to remove from) a situation which a reasonable person would realize could cause harm to that individual; failing to seek or withholding medical treatment; failure to provide essential items such as food, clothing, and shelter. For more information: Please review the Texas Human Resources codes at http://www.statutes.legis.state.tx.us/ MCN Human Resources Manual Page 128 Text of Policy: MCN has a zero tolerance policy for workplace or domestic violence, abuse or neglect against any person or animal. If any MCN employee becomes aware of or observes any of the abovereferenced behavior or actions by a co-worker, consultant, customer, third party vendor, visitor, or any other party, he or she should notify his/her supervisor or any member of the Senior Management team immediately. Employees should notify the CEO if they are aware of any restraining orders that are in effect, or of the existence of any other non-work-related situation with the potential to erupt into workplace violence. All reports of violence in the MCN workplace will be taken seriously and will be investigated thoroughly and promptly. To the extent possible, MCN will keep the identity of the reporting employee confidential. However, under certain circumstances, MCN may need to disclose the reporting employee’s identity (for example, to protect that individual’s safety). MCN will not tolerate retaliation in any form against an employee who makes a report of domestic or workplace violence. If, after a thorough investigation, MCN determines that workplace violence has occurred, appropriate corrective action will be taken, and discipline will be imposed on the offending employee(s). The level of appropriate discipline will depend on the facts in each case, and may include oral or written warnings, reassignment of responsibilities, probation, suspension, or termination. If a non-employee is responsible for the violent activities, MCN will take corrective action to ensure that such behavior is not repeated. Examples of Prohibited Behaviors: Physically aggressive, violent or threatening behavior, such as attempts to instill fear in others or intimidation; Verbal or physical threats of any sort; Any other conduct that suggests a tendency toward violent behavior. Such behavior includes, but is not limited to, excessive arguing, profanity, threats of sabotage of MCN property, belligerent speech or a demonstrated pattern of insubordination and refusal to follow MCN policies and procedures; Causing physical damage to MCN facilities or defacing company property; Carrying firearms or weapons of any type or kind onto MCN premises, in MCN parking lots, or while conducting MCN business. Leave Options for Employees Experiencing Violence, Abuse and Neglect MCN will make every effort to assist an employee experiencing violence. If an employee needs to be absent from work due to violence, the length of the absence will be determined by the individual's situation through collaboration with the employee and human resources or supervisor. Employees and supervisors are encouraged to first explore paid leave options that can MCN Human Resources Manual Page 129 be arranged to help the employee cope with the situation without having to take a formal unpaid leave of absence. Depending on circumstances, this may include: Arranging flexible work hours so the employee can seek protection, go to court, look for new housing, enter counseling, arrange child care, etc. Considering use of job sharing, compensatory time, paid time off, unpaid leave, etc., particularly if requests are for relatively short periods. Suggested Procedures for Safety and Protection of Employees Experiencing Violence Employee Encourage the employee to save any threatening e-mail or voice-mail messages. These can potentially be used for future legal action, or can serve as evidence that an existing restraining order was violated. The employee should obtain a restraining order that includes the workplace, and keep a copy on hand at all times. The employee may consider providing a copy to the police, his/her supervisor or human resources. The employee should provide a picture of the perpetrator to reception areas and/or security. The employee should identify an emergency contact person should the employer be unable to contact the victim. If an absence is deemed appropriate, the employee should be clear about the plan to return to work. While absent, the employee should maintain contact with the appropriate Human Resources personnel. Employer Have calls screened, transferring harassing calls to security-or have the employee's name removed from automated phone directories. Limit information about employees disclosed by phone. Information that would help locate a victim or indicates a time of return should not be provided. Relocate the employee's workspace to a more secure area or another site. The employer should have trained EAP professionals or external professionals assist the employee with development of a safety plan. Work with local law enforcement personnel, and encourage employees to do so regarding situations outside the workplace. MCN Human Resources Manual Page 130 MCN Guideline Release of Information / Reference Area: Corporate Governance Policy Corporate Functions Guideline Financial Functions Guideline Clinical Functions Guideline Approved By: Board of Directors CEO CFO CMO First Approval Date: 2007 Dates Reviewed: 2011, 2014 Dates Revisions Announced to Staff: 1/25/2010 Most Recent Approval Date: March 22, 2011 Next Review Due: 2016 Dates Revised: Purpose: To provide information about past employment with MCN to new or prospective employers. Mandated by: n/a Applies to: All former MCN staff. Definitions: “MCN staff” is defined as all employees and contractors of MCN as well as staffing agency employees placed at MCN. A “MCN staff member” is any individual included in the previous definition. For more information: n/a Text of Policy: MCN will provide the following information to a new or prospective employer seeking to verify previous employment with MCN without a written or verbal authorization from the former employee / contractor: 1. Former employee / contractor dates of employment / contract 2. Former employee or contractor’s job title If the former employee / contractor provides written or verbal consent, her / his former supervisor, or the MCN CEO, can provide a more detailed reference. The reference should include only information that can be substantiated by the former employee / contractor’s personnel file or evaluations. If a former colleague is asked to provide a personal reference, that person must make it very clear to the new or prospective employer that they are not acting as a representative of MCN. MCN Human Resources Manual Page 131
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