Legacy Policy 500.506 - Oregon Nurses Association

LEGACY HEALTH
ADMINISTRATIVE
Policy #:
500.506
Origination Date:
4195
Last Revision Date: 4115
SECTION:
HUMAN RESOURCES
TITLE:
ACTIONS TO CORRECT EMPLOYEE PERFORMANCE OR CONDUCT
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PURPOSE
The purpose of this policy is to clarify ways of addressing job related performance or conduct through
documented communication of problems and expectations for improvement.
DUTIES
The policy on Actions to Correct Employee Performance or Conduct is a Duty to Follow a Procedural Rule, a Duty
to Produce and Outcome and a Duty to Avoid Unjustifiable Harm and Risk. The duty to follow a procedural rule is
set by the organization. Employees will be subject to disciplinary action when they act in reckless disregard
toward the risk associated with not following set procedures. The duty to produce an outcome is set by the
organization but the way to accomplish the outcome is left up to the employee. The duty to avoid unjustifiable
harm or risk is a duty that we all owe to the organization.
RISK of NON-COMPLIANCE
The risks of not complying with this duty include harm to the organization’s relationship with its clients and
stakeholders, harm to the organization’s customers, financial loss to the organization and a loss of reputation
within the community.
POLICY
Employees are expected to comply with Legacy Health (LH) policies for conduct and performance. Any
noncompliance with these standards must be corrected.
1. Employees are responsible for knowing the rules and standards for individual behavior. Every employee is
responsible for obtaining information from leaders or other appropriate persons, in order to assure
compliance with organizational rules and performance expectations. These expectations are outlined in
New Employee Orientation, the Preferred Employee Profile, Legacy’s Mission and Values, Core
Accountabilities, LH Clinical and Administrative Standards, Job Descriptions, Competencies Department
procedures, including but not limited to Employee Mandatory Education, LH 500.810. These policies and
guidelines are accessible via the Intranet or LH leadership.
2. Department level leadership, along with Human Resources, has the responsibility for determining when
corrective action is necessary and which corrective action options are appropriate. One of the tools that
Legacy often considers in making this decision is the Just Culture Algorithm. Leadership may also use
coaching and counseling to help employees understand and comply with rules and expectations.
Coaching is recommended for minor performance issues especially when the employee may not
understand performance expectations.
3. Corrective action can be based on a single incident, continued instances, and/or overall performance or
conduct. Separate progressive corrective actions are not required for each issue or incident. Depending
on the severity of the incident, any step, including termination, may be an appropriate first action.
Progression through each of the corrective action steps is not automatic or required.
LHS500.5o6Actions to Correct Employee Performance or Conduct
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4. Consultation with an Employee Relations Consultant is expected at each step in the process.
Managers g~i~ consult with an Employee Relations Consultant when written corrective action is being
considered and before initiating termination.
5. All levels of corrective action should be documented in writing and the original signed document sent to
Human Resources.
6. The manager may place a hold on the annual salary increase of an employee at the Written or Final level until
the employee has demonstrated satisfactory performance improvement.
CORRECTIVE ACTION OPTIONS
Coaching: Coaching is often the first step to correct performance. The Manager or supervisor meets with the
employee to describe the problem or issue and expectations. This discussion may be documented on the
Discussion Notes form, which can be found on the
Intranet: http:Ilmylegacy.Ihs.orplAdm inistrativelhrlformslPageslcorrectiveaction.aspx
1. The completed form should be retained in the department file for reference if needed. Discussion Notes
are NOT corrective actions and are not sent to Human Resources to be placed in the employee’s Human
Resources file. A copy of the note is given to the employee.
2. Documented Verbal Corrective Action: A corrective action discussion may be used following a specific
incident, or after a period of time during which conduct or performance does not meet expectations. The
corrective action discussion should be documented in writing on the Corrective Action form, which can be
found on the Intranet: http:llmylegacy.lhs.orp!AdministrativelhrlformslPagesfcorrectiveactjon.aspx.
The original signed document must be sent to Human Resources to be placed in the employee’s Human
Resources file. A copy of the Corrective Action is given to the employee.
3. Written Corrective Action: This action can address either a specific incident that calls for immediate
attention or an overall concern about performance or conduct that includes more than one issue or
problem. Written Corrective Action is more serious than a Documented Verbal Corrective Action.
Employee Relations should be consulted before Written Corrective Action is administered. The original
signed document Jfl!~ be sent to Human Resources to be placed in the employee’s Human Resources
file. A copy of the Corrective Action is given to the employee.
4. Final Corrective Action: Final Corrective Action may or may not be given before termination of
employment. It should clearly and concisely describe problem areas, performance expectations/
standards, and necessary actions for the employee to meet expectations. The Final Corrective Action
states that termination will follow if the employee does not correct the problem. Employee Relations should
be consulted before Final Corrective Action is administered. The original signed document must be sent to
Human Resources to be placed in the employee’s Human Resources file. A copy of the Corrective Action
is given to the employee.
5. Suspension Preceding Final Determination: Suspension may occur when safety or security concerns
indicate that an employee must be removed from the workplace, or when an investigation is needed.
Suspension may occur with or without pay, depending on the nature of the concern or investigation.
6. Termination:
a. Termination may occur when corrective action has not resulted in sufficiently improved performance or
conduct or when problems are of a serious nature.
LHS.500.5O6Actions to Correct Employee Performance or Conduct
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b. Although an employee may be given a warning before termination, there may be instances where
management determines that immediate termination is the appropriate corrective action. e.g. when
Reckless Behavior occurs.
c.
Reasons for termination may be documented in a letter tQ the employee. A copy of this letter is
included in the employee’s Human Resources file.
d. An employee whose performance varies between acceptable and unacceptable over time generally will
not be given repeated performance improvement warnings and may be terminated based on previous
corrective action.
e. Employee Relations must be contacted before an employee is terminated for performance or conduct.
CROSS-REFERENCED POLICIES:
LHS.500.108,
LHS.500.200,
LHS.500.204,
LHS.500.504,
Termination of Employment
Salary Administration
Employee Conduct
Harassment
Approvals:
HR Leadership,
Executive Council,
HR Leadership
Originator: