LEGACY HEALTH ADMINISTRATIVE Policy #: 500.506 Origination Date: 4195 Last Revision Date: 4115 SECTION: HUMAN RESOURCES TITLE: ACTIONS TO CORRECT EMPLOYEE PERFORMANCE OR CONDUCT Page 1 of 3 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 Page 2 of 3 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 Page 3 of 3 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:
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