PERSONNEL POLICIES
These are the P=
ersonnel
Policies adopted by the Board of Directors for
1.1 Policy Statement
It is =
the
policy of
1.2 Personnel Definitions – DAC =
has
two major classifications for workers that receive pay for duties through D=
AC-NW: Employee; and, Employee-of-Record.=
Employee-of-Record, Hourly:&nb=
sp;
Work on a hourly basis per progress reports/timesheets as approved u=
nder
Medicaid plan for each employer-of-fact as defined in Medicaid regulations =
or
as per a private pay agreement for provision of similar in-home services.
Under federal Fair=
Labor
law, much, if not all, personal assistance may be defined according to FLSA
definitions as “Companion Services”, which are exempt from over=
time
pay regulations. Nevertheless=
, DAC
discourages any work above 40 hours per week. If a worker is working over 40 hou=
rs per
week, DAC will carefully review duties to determine exempt status. In the interest of safety for work=
ers
and customers, DAC will review any ongoing work schedule in excess of 40 ho=
urs
per week to determine if fatigue may be presenting any safety concerns.
1.3 Employment at Will
Employ=
ees of
In dea=
ling
with poor performance or misconduct,
Only t=
he Board
of Directors of Disability Action Center - Northwest, Inc. may enter into a=
ny
contract (written or oral) with any employee. An employee’s Letter of Hire=
is
meant only to clarify the status of employment.
Employ=
ees-of-Record
are hired by and are employees-of-fact of the DAC Personal Assistance Servi=
ces
customers. DAC may offer assi=
stance
in any stage of the employment process, but is not responsible for the final
employment decision other than to complete a Criminal Background check,
complete necessary paperwork, and perform payroll functions.
1.6 Personnel Records
The Ex=
ecutive
Director or designee will maintain a confidential personnel file for every
employee and employee-of-record consisting of:
1) Rec=
ords of
personal history, education, training. and experience which pertain to the =
job;
2) Cop=
y of the
Letter of Hire/employment agreement stating status of employment,
3) Ori=
entation
records,
4) Eva=
luations
and supervisor's reports; and
5) Oth=
er
pertinent information such as name, current address, telephone number, Soci=
al
Security number, INS verification, and/or verification of professional lice=
nse
or registration with date of expiration.
In add=
ition to
the above, employee-of-record files will include:
1) Cri=
minal
history check including the self-declaration form
2) Hea=
lth
screen history
3)
Confidentiality agreement
4) Sch=
edule
agreement
The pe=
rsonnel
file will be available to the Executive Director or his/her designee, the
President of the Board, and the individual staff member. The file will be kept as up-to-dat=
e as
possible.
Person=
nel
files will also be kept for volunteers and should include a completed volun=
teer
form, orientation records, evaluations, and any other records related to th=
eir
work at Disability Action Center - Northwest. Monthly attendance records for pai=
d and
volunteer staff will be filed with the fiscal records.
1.7 Employee Agreement
A copy=
of
these Personnel Policies shall be available upon request to each applicant =
for
employment. A copy of these
Personnel Policies will be given to and discussed with each new employee.
1.8 General Requirements of all Employ=
ees
and Employees-of-Record
All em=
ployees
and employees-of-record will be required to have the basic qualifications as
outlined in the appropriate job description and/or certifications in the
specialized field in which he/she works.&n=
bsp;
It is essential that all employees and employees-of-record keep their
professional certifications up-to-date and maintain an active interest and
participation in their respective organizations.
1.9 Ethics/Confidentiality<=
span
style=3D'font-family:Verdana;color:black'>
It is =
the
expectation of
1) Not=
engage
in any activities that might be construed as taking advantage of
customers/consumers of center services.
2) Mai=
ntain
confidentiality. Employees and
employees-of-record must treat all information regarding customers/consumer=
s as
strictly confidential and must not give out any information or furnish any
names to media or to anyone outside the organization without the written
consent of the customer/consumer.
Care must be exercised at all times to see that unauthorized volunte=
ers
and consumer trainees are not exposed to the files or other confidential
information about customers/consumers or employees and employees-of-record.=
3) Sup=
port the
goals and promote the positive benefits of the organization to all people
through assuming the role of an advocate for persons with disabilities;
4) Not=
accept
any gratuities that might be construed as jeopardizing the provider and
customer/consumer relationship.
1.10 Employment Procedures
Disabi=
lity
Action Center - Northwest, Inc. will not hire any employee or
employee-of-record with a history of consumer abuse/neglect, child abuse/ne=
glect,
or a criminal history that may be deemed as being detrimental to Disability
Action Center - Northwest, Inc.'s service population, programs, or
reputation.
In ord=
er to
achieve this, a reference check of prior employers will be conducted on all=
current
and prospective employees and a criminal background check will be performed=
for
each employee-of-record.
How=
does
a Customer enroll an assistant?
When a Customer wishes to hire an assistant, the Customer
contacts the DAC office Assistant Program Staff to have at least the follow=
ing
document before the assistant starts work.
Completed W-4 form
Completed I-9 form with supporting documents
Proof of completed criminal background check
The submission of the above information will permit the =
DAC
office to enter the assistant’s information into the payroll system a=
nd
allow mailing time for the required enrollment documents. No payment will be made until these
forms are received and processed.
What
enrollment forms are required?
After the Customer finds an assistant, the DAC office wi=
ll
furnish the assistant with an enrollment package. The papers included can be complet=
ed
with or without help from the staff at DAC. The Assistant must also provide th=
e DAC
office with the following information for their file:
Copy of drivers license (or State ID Card), Social Secur=
ity
Card
Proof of vehicle liability insurance, if applicable
Copy of C.N.A. certification, if applicable
To prevent payroll delay, the above documents must be completed and delivered to the DAC office within three days of employment.<= o:p>
In the event the assistant has indicated a medical condi=
tion
that may prevent him/her from doing the duties of the job or that may inter=
fere
with the Customer’s service or safety, DAC urges that the Customer
suspend this assistant’s employment until the individual obtains medi=
cal
clearance.
In-home assistants generally fall under the Companionship
Exemption in the Fair Labor Standards Act and do not qualify for overtime p=
ay.
How=
does
a Customer or Assistant complete a time sheet?
To properly complete a time sheet the Customer and assis=
tant
should:
Review the information to ensure that all of the names a=
nd
numbers on the time sheet are correct.&nbs=
p;
If an error is noted, the Customer should correct the time sheet and=
initial
the change before sending to DAC.
Enter the daily hours for each assistant in the column
corresponding to the days that person worked.
If different services are provided, such as homemaker and
chore services, this must be clearly indicated on the time sheet.
The Customer and assistant must sign and date the form.<=
span
style=3D'mso-spacerun:yes'> Time sheets should not be signed or
dated prior to the last day worked by the assistant.
The Customer should return the original to DAC, and leav=
e a
copy with the customer.
The DAC office must receive the time sheet by the Wednes=
day
after the week ending date to prevent a payroll interruption.
1) Employees-of-re=
cord are
hired by the FI program customer according to customer choice.
2) Each employee-o=
f-record
must pass a health screen and complete a criminal background check as well =
as
meet all other requirements for working in the
Wha=
t is
the pay rate for assistants?
The pay rate for assistants, Respite, Homemakers, Chore =
and
PCS (Personal Care) Service Providers is $9.00 per hour. Customers should keep in mind that
raises may only occur if and when the state Medicaid reimbursement rate is
increased or as announced by DAC Staff.&nb=
sp;
At that time, customers will be notified that they have the ability =
to
increase the pay rate for their assistant.
How=
will
assistants receive their payroll checks?
An Assistant will receive a payroll check every other
Friday, following the processing of weekly time sheets. The payroll checks will be payable=
to
the assistants and will be mailed to the assistant’s home, unless the
Customer requests it be mailed to them to review for accuracy. Should the assistant or Customer n=
otice
any payroll discrepancy, they must call the appropriate DAC staff person to
discuss this problem before the payroll check is distributed, cashed or
deposited.
The Customer is authorized to manage the hiring,
supervision, training, and scheduling of an assistant. Please note that personal agreemen=
ts
between the Customer and assistant, financial or otherwise, have absolutely=
no
bearing on the assistant receiving their payroll check. See Personnel Policy and Procedure
Manual section 1.13 of Payroll for information on assistants who do not rec=
eive
paychecks.
Gar=
nishment
Under court orders, DAC is obligated to accept legal cla=
ims
against your wages.
Orientation:
1) Eac=
h new
employee and employee-of-record shall be given instruction and guidance
regarding the duties of the position and will acknowledge by signing a copy=
of
the job description.
2) Eac=
h new
employee and employee-of-record will be instructed on personnel and other
relevant policies, office procedures, and safety guidelines, and will
acknowledge such by signature.
Termination:
Termin=
ation or
resignation of Employees-of-Record is typically fully under the control of =
the
personal assistance program customer; however, DAC requires that certain
documents be filed upon termination as listed in specific Personal Assistan=
ce
program procedures. DAC may
directly terminate services of assistants in situations dealing directly wi=
th
major violations of Medicaid policy, failed legal background checks, or oth=
er
significant actions that jeopardize customer safety through immediate cessa=
tion
of fiscal intermediary payroll services.&n=
bsp;
Procedures are covered in the service procedures manual.
1=
.12 Job Description
Employ=
ee-of-record
job descriptions showing general duty areas are provided at the time of
hire. Specific implementation=
of
duties for each customer are developed with the customer according to the c=
ustomer
Plan of Care.
All
employees-of-record will be paid every two weeks according to a schedule
developed by the DAC business office, such that pay will be provided for ho=
urs
worked in the two weeks prior to the week before the payday. Employees and employees-of-record =
have
the option of picking up a check directly at one of the DAC offices, receiv=
ing
the check through regular US Postal Service mail, or having funds directly
deposited into a bank account of the employee’s or employees-of-recor=
d’s
choosing.
Draws =
are
strongly discouraged and can only be approved by the Executive Director/CEO=
on
the basis of one allowed draw per calendar year of up to 80% of the amount =
due
for unpaid time worked as verified by a direct supervisor. Variance may only occur in cases of
extreme hardship as approved by the Executive Director/CEO.
Payr=
oll
for Personal Assistant Program Employees-of-record:
Paydays are every =
other
Friday, or the previous day should Friday be a holiday.
Payroll checks are=
payable
to the assistant and, unless other arrangements are requested, will be mail=
ed
to the assistant’s home or other address of the assistant’s
choice. With prior notificati=
on, an
assistant may choose to pick up the check at one of the DAC office location=
s or
set-up direct deposit. DAC
encourages all assistants to consider direct deposit. This allows for pay to be directly
placed into a checking or savings account.=
Paychecks get lost in the mail from time to time, especially during =
the
holidays. Direct deposit is a=
sure
way of avoiding delays. Fill =
out a
form for Direct Deposit at the nearest DAC office to access this option.
To immediately cor=
rect a
payroll discrepancy, the assistant must contact DAC before the payroll chec=
k is
cashed or deposited.
The DAC personal a=
ssistance
Customer manages the hiring, supervision, training, and scheduling of his/h=
er
assistant(s). All payroll fun=
ctions
other than verification of time worked and duties performed are the
responsibility of DAC.
Personal agreements
between the customer and assistant, financial or otherwise, outside of the
relationship identified in employment agreements with DAC, have absolutely =
no
bearing on the assistant receiving a payroll check.
If an assistant do=
es not
receive a mailed payroll check and notifies the DAC office of this problem,=
the
appropriate DAC staff person will compare the assistant’s payroll amo=
unt
to the service schedule shown on the customer’s timesheet to ensure t=
hat
the payroll has been processed correctly and check postage logs to verify t=
hat
the check was mailed.
If the pay has been
processed correctly and mailed, the assistant will be instructed to wait un=
til
the Thursday following payday to see if the payroll check arrives in the ma=
il.
If the payroll che=
ck does
not arrive by that time, the attendant has three options:
1.17 Sexual Harassment=
Becaus=
e of the
unique attributes of the fiscal intermediary services and the partial emplo=
yment
relationship that exists with employees-of-record, DAC has included
employees-of-record in this section.
It must be noted, however, that DAC does not exercise a direct
supervisory relationship with employees-of-record, other than as defined
elsewhere in these policies. =
DAC
cannot be responsible for action of its customers/consumers. Given these conditions, DAC will i=
nclude
employees-of-record in the following procedures.
It is =
illegal
and against Disability Action Center - Northwest, Inc. policy for any emplo=
yee
or employee-of-record, male or female, to harass another employee or
employee-of-record by: making unwelcome sexual advances, favors, or other
verbal or physical conduct of a sexual nature a condition of any worker's
employment; using a worker's submission to or rejection of such conduct as =
the
basis for, or as a factor in, any employment decision affecting the individ=
ual;
or otherwise creating an intimidating, hostile, or offensive working
environment by such conduct. =
The
creation of an intimidating, hostile, or offensive working environment may
include such actions as persistent comments on a worker's sexual orientatio=
n or
explicit photographs. However,
conduct or actions that arise out of a personal or social relationship and =
that
are not intended to have a discriminatory employment effect may not be view=
ed
as harassment.
Employ=
ees or
employees-of-record who feel victimized by sexual harassment should report =
the
harassment to the Executive Director immediately. If the Executive Director is the s=
ource
of the alleged harassment, the problem should be reported to the Chair of t=
he
Board of Directors of Disability Action Center - Northwest.
The Ex=
ecutive
Director, the Chair of the Board of Directors, or his/her designee should
carefully investigate the matter, questioning all who may have knowledge ab=
out
the alleged incident or similar problems.&=
nbsp;
Both the complaint and the investigative steps and findings should be
documented as thoroughly as possible.
Employ=
ees or
employees-of-record who are dissatisfied with the resolution of a sexual
harassment problem may file a complaint in accordance with the organization=
's
grievance procedure(s).
No emp=
loyee or
employee-of-record will be subject to any form of retaliation or discipline
from DAC for pursuing a sexual harassment complaint.
1=
.18 Dispute Resolution Program/Grievance Process
Employ=
ees-of-record
are employees of DAC’s customers and subject to the customer’s
employment practices. DAC will
offer assistance to any customer in handling a grievance with his/her
employee-of-fact. DAC will al=
so
offer information on legal aspects of employment, etc. to the
employee-of-record on request.
1=
.19 Regular Travel
Employ=
ees-of-record
will be reimbursed at the rate of $.25/mile for Medicaid approved
transportation. Trips will be
documented with mileage measured point-to-point per available mileage chart=
s or
odometer, whichever is least. The
customer must indicate agreement with mileage reimbursement requests by sig=
ning
the mileage form. All
employees-of-record must present proof of current liability coverage for
his/her vehicle and a valid drivers license.