Mom's Healing Hands Personnel Policies PDF

Summary

This document details personnel policies for Mom's Healing Hands. It outlines various aspects of employment, from purpose and at-will status to employee rights, management and employee responsibilities. The document clarifies the handbook's non-contractual nature and the employer's right to change policies.

Full Transcript

MOM’S HEALING HANDS PERSONNEL POLICIES MOM’S HEALING HANDS PERSONNEL POLICIES TABLE OF CONTENTS SUBJECT 1. PURPOSE 2. AT-WILL STATUS OF EMPLOYMENT 3. EQUAL EMPLOYMENT OPPROTUNITY STATEMENT 4. MANAGEMENT RIGHTS 5. DRESS CODE 6. QUALTFICATIONS 7. PERSONNEL FILE 8. JO...

MOM’S HEALING HANDS PERSONNEL POLICIES MOM’S HEALING HANDS PERSONNEL POLICIES TABLE OF CONTENTS SUBJECT 1. PURPOSE 2. AT-WILL STATUS OF EMPLOYMENT 3. EQUAL EMPLOYMENT OPPROTUNITY STATEMENT 4. MANAGEMENT RIGHTS 5. DRESS CODE 6. QUALTFICATIONS 7. PERSONNEL FILE 8. JOB DESCRIPTION 9. PROMOTIONS 10. WORK SCHEDULE 11. TRAINING 12. SLEEPING ON DUTY 13. TIME SHEET ADMINISTRATION (or SCHEDULE) 14. ABSENCE AND TARDINESS 15. ACCEPTANCE OF GIFTS AND LOANS 16. TELEPHONES 17. VISITORS 18. NO SOLICITATION POLICY 19. OTHER EMPLOYMENT 20. MEDIA RELEASES 21. INSPECTION OF CONTAINERS AND PACKAGES 22. EMPLOYEE HONESTY AND INTEGRITY 23. 23. HEALTH AND SAFETY 24. LEAVES OFABSENCE 25. MEDICAL EVALUATIONS 26. RESIDENT RIGHTS 27. INCIDENTS AND ACCIDENTS 28. RESIDENT ABSENT WITHOUT NOTICE 29. ABUSE REPORTING 30. MISTREATMENT 31. VOLUNTEERS 32. MILITARY LEAVE 33. VACATIONS 34. PAID HOLIDAYS 35. SICK PAY 36. BEREAVEMENT PAY 37. JURY DUTY 38. WORKERS COMPENSATION 39. SOCIAL SECURITY 40. COMMUNICATIONS 41. CONFIDENTIALITY 42. SEXUALHARRASSMENT POLICY 43. RESIGNATION 44. EXIT INTERVIEW 45. TRANSPORTATION RESIDENTS: POLICY FOR STAFF AND DRIVERS 46. SUBSTANCE SCREEN POLICY HANDBOOK CHANGES This handbook contains the policies and procedures of Mom’s Healing Hands in outline form, It is only meant to serve as a reference guide, The policies and benefits described are not conditions Of employment, and do not reflect a contract between the employer and an employee. The employer reserves the unilateral right to add, delete, or amend these policies and benefits provided for in this handbook. Employees should feel free to contact their supervisor or any member of management with questions concerning the contents of this handbook. WAIVER CLAUSE I have read the Personnel Policies Handbook and understand the material contained therein. I agree to all the conditions set forth in the Handbook. I also understand that I have no reasonable expectation to believe these policies will remain in effect indefinitely. I understand that this handbook does not constitute an expressed or implied contract. I further understand that this policy manual does not constitute a contractual arrangement or agreement between Mom’s Healing Hands and I. I understand that the employer reserves a unilateral right to changes, withdraw, or add to these policies at any time. Signature of Employee ____________________________ Date: ___/___/___ I understand that there is a copy of the Adult Foster Care Licensing Rules and a copy of the Licensing Statute (Public Act 218), available in the facility for staff to review at any time. 1. PURPOSE The purpose of Mom’s Healing Hands is to provide a home-like setting for the care for semi independent living consumers. It is the desire of this organization to provide the least restrictive environment possible that will maximize the social and psychological growth of the residents of the facility. The goal of this organization is for the residents to become as self-sufficient as possible and for their needs to be met in a dignified and humane manner. 2. AT-WILL STATUS OF EMPLOYMENT The employee understands that the nature of the employment relationship is an “at-will”. This means that at the sole discretion of either Mom’s Healing Hands or the employee, the relationship may be terminated with or without cause and with or without notice. Personnel practices including the right to hire, transfer, suspend or discharge, to relieve employees from duty and to maintain discipline and efficiency of employees, rest exclusively in the sole discretion of the employer. Mom’s Healing Hands may introduce new administrative methods and job requirements as changing needs indicate. Nothing in this manual operates to change the status of the employee from at-will to any other status. All disciplinary provisions in this manual are advisory. Mom’s Healing Hands expressly reserves the right to terminate any employee at the sole discretion of the employer. Any representations that change the employee status from an at-will employment status must be in writing and signed by the executive director (President or Chief Executive Officer) of Mom’s Healing Hands. Any other purported changes in the at-will nature of the employment arrangement are without any effect. Employee acknowledges and certifies that no oral statements or promises of employment beyond the at-will policy of Mom’s Healing Hands were made prior to, or relied upon by Employee prior to hire. Signature of Employee: ___________________________ Date: ___/___/___ 3. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT Mom’s Healing Hands subscribe to a policy of equal employment opportunities and will maintain and conduct all practices relating to recruitment, hiring, discipline, and other terms and conditions of employment in a manner which does not discriminate on the basis of race, color, religion, national origin, age, sex, handicap, marital status, height or weight. Under Michigan law, a handicapper needing accommodations for employment must notify the employer in writing within 182 days after the need is known or reasonably should have been known. Failure to notify the employer may result in a loss of your rights. Should you have any questions or concerns on your rights, please contact the Executive Director immediately in writing. 4. MANAGEMENT RIGHTS Mom’s Healing Hands expressly retains and reserves including but without limiting the generality of the foregoing, the right to: 1. Hire, fire, suspend and otherwise discipline its employees as the employer, in its sole discretion, deems advisable. 2. To determine the work hours of the employee, to assign the employee and to layoff the employee as Mom’s Healing Hands, in its sole discretion, deems fit. Management reserves the right to reduce work hours and transfer employees. 3. To determine the job classifications and duties of each employee) subject to change without written notice to the employee. 4. To manage its affairs efficiently and economically including the determination of quantity and quality of services to be rendered, the control of equipment to be used, and discontinuance of any services or methods of operation. 5. To produce new equipment, methods, or processes, change or eliminate existing equipment, and institute technological changes, decide on supplies and equipment to be purchased. 6. To subcontract or purchase the construction of new facilities, or the improvement of existing facilities, as the employer, in its sole discretion, deems advisable. 7. To determine the number, location, and type of facilities, to direct the work force, to assign the type and location of work assignments, and determine the number of employees assigned to operations. 8. To close or otherwise reduce the scope of operation of any or all facilities 9. To determine starting and quitting times, and the number of hours to be worked by employees. 10. To establish and change work schedules, work standards, and the methods of processes and procedures by which such work is to be performed by employees. 11. To select employees for promotion or transfer to other supervisory positions, and to determine the qualifications and competencies of the employees to perform the available work. 5. DRESS CODE Employees are expected to maintain high standards of neatness, cleanliness and personal hygiene. All employees should arrive for work in neat clean clothing, appropriate for the occasion. All employees should be constantly aware that they act as role models for the residents and as a reflection of our organization. 6. QUALIFICATIONS The actual hiring of an employee is based on the qualifications of the applicant, as determined in the sole discretion of Mom’s Healing Hands. The following qualifications and requirements are not all inclusive. Please see the actual job description. Any employee hired must be at least 18 years of age. An administrator shall meet all of the following: 1. A high school diploma or general education diploma or equivalent. 2. At least 1 year of experience working with the resident population identified in the homes program statement and admission policy. 3. Must be suitable to meet the physical, emotional, social and intellectual needs of each resident. 4. Must be capable of appropriately handling emergency situations. 5. Must be capable of assuring program planning, development, and implementation of services to residents consistent with the homes program statement and in accordance with the resident assessment plan and care agreement. 6. Must be competent in all of the following areas: a) Nutrition b) First Aid c) Cardiopulmonary Resuscitation d) Foster Care e) Safety and Fire Prevention f) Financial and Administrative Management g) Knowledge of the needs of the population being served h) Resident Rights Prevention and Containment of Communicable Diseases 7. Must be in such physical or mental health so as not to negatively affect either the health of the resident or the quality of his or her care. 8. As a condition of continued employment, the administrator must participate in and successfully complete on an annual basis, 16 hours of training designated or approved by DI or complete six credit hours at an accredited college or university. Training or education under this section must relate to the homes admission policy and program statement. (Note: Administrator is defined under licensing rule.102 (1) (b) all the person who is designated by the licensee to be responsible far the daily operation and management of the adult foster care home.) Direct care staff shall meet all of the following: 1. Must be able to complete required reports and follow written and oral instructions that are related to the care and supervision of residents. 2. Must be suitable to meet the physical, emotional, intellectual, and social needs of each resident. 3. Must he capable of handling emergency situations 4. Before performing assigned tasks, must be competent in all of the following areas: a) Reporting Requirements b) First Aid c) Cardiopulmonary Resuscitation d) Personal care, supervision, and protection e) Resident Rights f) Safety and Fire Prevention g) Prevention and Containment of Communicable Diseases 5. Must be in such physical and mental health so as not to negatively affect either the health of the resident or the quality of his or her care. EMPLOYMENT REQUIREMENTS AND CONDITIONS (AJ.1 Employees) Mom’s Healing Hands are licensed by the State of Michigan, Department of Consumer & Industry Services, DCIS regulations, other state laws and federal laws require that each and every employee have the following forms on file with the employer: 1. Application 2. Employee Medical Release Form (Physical), signed by a licensed physician or his or her designee attesting to the physicians knowledge of the employees physical health. 3. Tuberculosis Test (repeated every three years) must be obtained before working in the home. 4. Federal and State Withholding Tax Forms, 5. 1-9 Employment immigration Eligibility Form. Must be completed within three (3) days of hire. 6. Two (2) Letters of Recommendation (can be written by relatives, friends and/or past employers). (Please note under the Bullard-Plawecki Employee Right to Know Act that these recommendations are not to be included in the employees personnel file/record). 7. Signature acknowledging receipt of Personnel Manual. 8. Optional; Certificate of Vehicle Insurance (if employees transport residents in their automobile, or use their automobile for employer business when on duty). 9. Drivers license (copy of) only if employee will drive as part of job functions. All of this information must be turned in to the office within three (3) weeks of the hiring of the employee unless a shorter time period is noted. This information, except for reference letters, will be kept in the employees personnel file/record. An employee who, following a medical examination or the administrative of tests, is found to have symptoms of a physical, emotional or mental condition which could be hazardous to the clients or to other staff members or which prevents the employee from performing the duties of his or her employment, shall be relieved of his or her assignment and shall be required to furnish a certificate of recovery by a qualified physician before he or she will be permitted to return to work. In the event you are a person with a covered disability, you must notify us in order to make a determination of accommodation as defined under the Americans Disabilities Act or Michigan Handicappers Civil Rights Act. 7. PERSONNEL FILE/RECORD A. Contents of File A personnel file will be kept for each employee. The personnel file of each employee may contain his or her application for employment Federal and State tax forms, evidence of education, resume, training and previous experience, the records of hiring, job assignments, work schedules, salary, job performance evaluations, correspondence relating to the employee, reprimands and other discipline. Separate itemization of all credits for meals, tips, and lodging against the minimum wage taken each pay period, if any, may also be included in the file. The file may contain other information not prohibited by law. (NOTE: If you are a covered employer under the Americans Disabilities Act, medical records shall not be kept in file mid must be maintained separately. Also, under the Bullard-Plawecki Employee Right to: Known Act, an employees medical records shall not be kept in the personnel file if maintained in a physicians office. A separate file must be maintained for this medical information.) B. Personnel Files For the purpose of maintaining complete and accurate personnel files, employees are required to report any changes in their personal status to the employer. The information needed is: 1. Change of address or telephone number. 2. Any change affecting your tax withholding status. 3. Legal change of name. 4. Change of persons designated to call in case of emergency. 5. Changes that would affect your insurance benefits. C. Employee Access to File You may see your personnel file by submitting a written request to Mom’s Healing Hands in order to make finding your file easier, your request should include your name, social security number, dates of employment, and name of the facility in which you work. The examination of the personnel file should be done during regular office hours, unless other arrangements are necessary. JOB DESCRIPTION Upon application, each employee will have received a written job description, which describes the following: 1. Qualifications necessary for the position. 2. Essential functions of the position applied for (if the ADA applies). 2. Job classification 2. Brief description of responsibilities and duties. 2. Title of immediate supervisor. Any job description distributed by Mom’s Healing Hands is not inclusive of all duties that the employee will be required to perform. Mom’s Healing Hands expressly reserves the right to change the responsibilities and duties as he or she so desires. The job description may be changed orally and the employer need not provide a new written job description. The job description shall be signed by the employee to indicate acceptance and knowledge of the responsibilities of the position. The signed job description shall be placed in the employees personnel file at the office with a copy provided to the employee. 9. PROMOTIONS It is the policy of Mom’s Healing Hands that, as our organization continues to expand and grow, we will endeavor to fill new job opportunities from among our own employees, provided, in Mom’s Healing Hands judgment, a fully qualified person is available. Should you wish to be considered for a promotion, notify your supervisor or home manager, in writing. The following areas will be evaluated for persons desiring consideration but not limited to: skills, abilities, education, seniority, attendance, willingness assignments, dependability, quantity and quality of work accomplished. Mom’s Healing Hands reserves the right to hire outside its current staff if, in the judgment of the employer, persons from outside the present employees are more qualified. 10. WORK SCHEDULES Licensed adult foster care facilities are required to provide personal care, protection, and supervision of residents 24 hours a day, 7 days a week. Our schedules are: Our work period for overtime calculations is based upon a 7-day work period beginning day and ending Sunday. All hours worked over 40 in this work period will be compensated at time-and-a-half (1/2) their regular rate of 52 weeks a year. Each employee is expected to work overtime when scheduled or requested by the employer or supervisors. This is a condition of employment. Mom’s Healing Hands will endeavor to give at least twenty-four (24) hours notice whenever possible. Due to the nature of our employment, employees are expected to take a temporary or permanent reduction in work hours if requested by the employer. All employees are expected to work a reasonable amount of overtime on less than 24hour notice when the situation warrants and when requested as a condition of employment. 11. TRAINING All necessary training required by the State, any governmental agency, or Mom’s Healing Hands must be completed, and any and all tests must be successfully completed. All employees must satisfactorily attend all in-service training provided by each homes contracting agency or as may be required by Mom’s Healing Hands Documentation of in-service attendance will be kept in each employees personnel file. Employees must complete all training so required to the satisfaction of the State, its agencies and Mom’s Healing Hands Any additional requirements which the state or the employer may impose in the future must be complied with. During the orientation period of employment, new employees will receive intense on- the-job training from experience members of the staff. All employees will be required to review the licensing statute and administrative rules, and sign a statement that they have reviewed the statute and rules. This statement shall be signed on a yearly basis. All employees will be required to attend all regular and special staff meetings and special in-service training sessions that may be held at the home. Documentation of in home, In-service attendance will also be kept on file. 12. SLEEPING ON DUTY Sleeping on duty is strictly prohibited. 13. TIME SHEET ADMINISTRATION The purpose of the time sheet is to insure an accurate record of all hours that you work. It is Mom’s Healing Hands policy that all work performed by you will be while you are on the clock. In order for you to receive correct payment of wages, you are required to sign in and out on your own time sheet according to your schedule. All employees are expected to be at their work areas ready and able to start work at the scheduled time and are expected to remain in their work areas until their scheduled quitting time. All employees will be paid for the time they actually worked according to their work schedule. Any time worked beyond the work schedule must be authorized and approved by your employer or supervisor in writing. All employees must sign their time sheet (or schedule). An employees signature on his or her time sheet (or schedule) indicates that he or she has worked all of the scheduled time including overtime and that all hours actually worked by the employee are represented on the time sheet (or schedule). Failure of employees to note any discrepancies in hours worked or amount of pay within 2 weeks of receiving their pay shall be deemed an accurate statement, without objection, that the hours and pay are correct. 14. ABSENCE AND TARDINESS Upon accepting employment with Mom’s Healing Hands, you assumed the personal responsibility of being on the job each scheduled day. You should strive for perfect attendance. Absenteeism is defined as a failure to meet a scheduled shift exclusive of approved leaves. Tardiness is defined as the failure to report to work at the time scheduled. We recognize that occasional absence and lateness are unavoidable. However, absenteeism and tardiness always cause lost wages to you and difficulty in meeting our staffing requirements. Being that the residents of the home require round the clock attention, the tardiness of an employee will necessarily force the other employees to continue working for the health, welfare and safety of the residents. Employees are expected to inform their supervisor or the home manager that they will be late or absent as soon as it becomes evident. You must call each day you are going to be late or absent. Failure to do so will result in the employee being recorded as late, no-call or absent, no-call, asking a friend, another employee, or a relative to give notification is not considered acceptable. Excessive tardiness will result in termination. Excessive tardiness is defined as being late more than three (3) times per every 30 days. If an employee is more than one hour late, the employer may at its sole discretion remove the employee from the schedule for the rest of the shift. Excessive absenteeism will result in termination. Excessive absenteeism is defined as being absent more than one (1) day a month for any reason. Any employee who is absent two (2) consecutive scheduled work days without reporting their absence to their supervisor will be considered a voluntary quit. When an employee does not notify the supervisor and does not report to work; this is termed a no call, no show. This policy covers the entire work tenure of the employee, and does not provide the opportunity to erase no call, no show incidents through good attendance. Absences for more than two (2) days because of illness will require a statement from your doctor covering days absent, diagnosis and ability to return to work. 15. ACCEPTANCE OF GIFTS AND LOANS We are strongly opposed to having employees accept gifts of any individuals, family members, or kind from firms, who residents for whom we provide care or business relationship with us. It must be made clear that our have a direct decisions are business entirely on the basis of merit, as accurately as can be determined. If or are asked to accept a gift, made you receive a gift promptly contact your supervisor. Employees are not permitted to borrow money from residents or family members of residents under any circumstances. Employees are also strictly prohibited from borrowing money from other employees. Employees are not to commingle, borrow or pledge funds of a resident. Michigan law makes it a misdemeanor, with the possibility of 2 years in jail, a $25,000 fine or both if convicted. 16. TELEPHONES Employees are to use the telephone for business purposes only, or in case of emergency, no personal calls are to be received or made during working hours. 17. VISITORS No visitors other than government authorized visitors are allowed in the home without permission from the employer. Visitation will be permitted during normal waking hours. Visitors other than family, guardians or friends of residents must have prior authorization to visit. Staff shall maintain a log book of visits to be signed by all visitors. This applies to former employees as well as strangers. It is the responsibility of each supervisor to refer unauthorized visitors to the employer. 18. NO SOLICITATION POLICY In the interest of efficiency and for the protection of our employees, Mom’s Healing Hands has adopted the following policy concerning solicitation and distribution of materials by employees and non-employees. There shall be no solicitation or distribution of literature or conducting of personal business of any kind by any employee during the actual working time of the employee or the actual working time of the person being solicited. This does not include break and lunch periods. Solicitation or distribution of materials or literature by non-employees on Mom’s Healing Hands premises is expressly prohibited at all times. Please escort unauthorized persons to your supervisor. 19. OTHER EMPLOYMENT Employees are not permitted to perform any services or have any interest or involvement, either directly or indirectly, in any other business which resembles or competes with ours. If an employee violates this policy, he or she may be terminated. If you already have or are considering an outside business involvement or employment which would appear to violate this rule, you should advise the employer immediately. 20. MEDIA RELEASES Information is not to be given to the media. If a contact is made by the media directly to the home, the staff on duty should request the name of the caller, the telephone number where the person can be reached and the name of the media represented. Inform the media representative that the employer or executive director will return the call. The employee shall advise the employer of any such call at once. Staff should never release the home telephone number of any other staff member including the supervisory staff. No member of the press should be allowed in the home without the express approval of the employer or Executive Director. 21. INSPECTION OF CONTAINERS Mom’s Healing Hands reserves the right to inspect all containers and packages leaving the premises such as boxes, bags, lunch buckets, brief cases, etc. at all locations on Mom’s Healing Hands premises. 22. EMPLOYEE HONESTY AND INTEGRITY As a new employee, you were accepted by Mom’s Healing Hands with the fact in mind that your honesty and integrity are of the highest level. We are certain these traits will greatly increase your chances of success if you continue them through your lifetime. In case employees observe another employee taking any property of Mom’s Healing Hands without authorization, or misusing it; it becomes their responsibility to advise Mom’s Healing Hands through their supervisor of this fact. Property, equipment, or supplies of the employer are not to be removed from the employer’s premises by any employee without express permission to do so from your employer or supervisor. Those employee who are exposed to confidential information about our business, are expected to keep such information confidential. It is the policy of Mom’s Healing Hands to conduct a criminal history check through the Michigan state Police and other state police agencies where appropriate. Since this information may not be available until after an applicant has been hired and assumed responsibilities, it may be necessary to conduct a post-hire good moral character assessment which includes information found in the criminal history report. If Mom’s Healing Hands substantiates that the employee provided dishonest or false answers on the job application or during all pre-hire interviews, the employee will be terminated immediately. Should a criminal history report include information which suggests the employee is inappropriate to work with vulnerable adults, Mom’s Healing Hands will investigate the accurateness of the criminal history report and allow the employee a reasonable amount of time to refute the contents. During the course of this investigation, Mom’s Healing Hands reserves the right to suspend without pay the employee until the matter is resolved to the sole satisfaction of Mom’s Healing Hands Employees who are convicted of a felony, a serious misdemeanor or any other serious crime, the nature of which implies that the employee is incapable of performing his or her job with honesty, are subject to termination. Employee who are convicted of a crime that shows a lack of good moral character, as determined by the Department of Consumer & Industry Services Rules on Good Moral Character, are subject to termination. An employee who is under investigation or is charged with a crime may be subject to suspension without pay or re-assignment until the investigation or charge is resolved. If the charge is not conclusively resolved in the court system, Mom’s Healing Hands reserves the right to determine the employee continuation of employment. In addition, if the employee is determined not to be guilty but trial publicity or knowledge among co-.workers is such as to create a negative atmosphere, Mom’s Healing Hands reserves the right to terminate the employee employment. 23. HEALTH AND SAFETY Mom’s Healing Hands makes every effort to maintain safety, and safety is the responsibility of every individual. Always use your best judgment and avoid carelessness and risky situations. If an accident should occur, report it immediately to your supervisor, who will then make certain that all necessary steps are taken. Home Managers must provide information to the office about all such injuries within one working day after they occur. All employees are expected to practice excellent hygiene when visiting and working in the homes. Our residents are susceptible to diseases and may even be carriers of various diseases which are easily transmitted when poor hygiene is practiced. We urge you to become aware of the safety procedures necessary to avoid either contracting or spreading disease. If you have special medical risks or problems yourself, you must educate yourself to deal with the special risks of the homes. It is not the responsibility of this agency to transfer employees or to relieve the employees of their duties for resident care based on the medical risks of the employees. The primary responsibility of the employer is the care and protection of the residents. We make every effort to provide adequate training and information for the employees, and we urge that employees make every effort to practice safe procedures and good hygiene. All incidents and accidents involving a resident, visitor, or staff must be reported. If you are aware of any medical or health problems which pose a direct threat and result in a significant risk of substantial harm to you or someone else, it is necessary that the matter be discussed with your supervisors. Mom’s Healing Hands reserves the right to request medical evaluations including drug screens, at the employer’s expense for employees when it appears, in the employer’s judgment, that an employee has a condition that is potentially dangerous to residents or self. Should you be injured or otherwise hurt on the job, immediately report it to your supervisor. You have a right to know about the chemicals and materials found in your work place. Mom’s Healing Hands will identify hazardous chemicals/materials, label containers, secure Material Safety Data Sheets and train all employees, with regard to the safe utilization of all hazardous chemicals/materials in the work place. When your injury requires a doctor attention, your supervisor will arrange to send you to a Mom’s Healing Hands doctor. Your supervisor will sign your time sheet, note time of departure, and indicate the nature of your injury. If, according to a doctor, an injured employee can return to work during the same shift, Mom’s Healing Hands expects that employee to return to work as soon as possible. If, according to a doctor, an employee cannot return to work, that employee will suffer no loss in pay for the balance of an eight hour shift. Employees are expected to follow all rules regulations as set forth in this manual, as well as any other manual, directive, guidelines or other such documents that Mom’s Healing Hands may, at its sole discretion, issue in the future. Any violation of any statute, rule or regulation (including health and safety violations) must be, if possible, corrected immediately and under any circumstances be reported to the supervisor. 24. LEAVES OF ABSENCE A leave of absence without pay may be granted to an employee who has completed one year of employment. A leave of absence shall not exceed three (3) months. The leaves of absence consist of medical leaves, educational leaves and maternity leaves. These leaves may be granted at the sole discretion of the employer as follows: Medical or Maternity Leave may be granted in the event of an extended illness or injury of the employee. A physicians’ statement shall be required. Educational Leave may be granted for return to college, student or for any other educational purpose as approved by the employer. Employees shall be required to submit a letter of explanation thirty (30) days in advance of the requested leave. Mom’s Healing Hands shall continue any health insurance benefits under the employer policies for an employee during a medical leave or a maternity leave. Any co-pays by employees shall be the responsibility of the employee. An employee shall be responsible for the entire expense of health insurance during an educational leave. Health insurance benefits shall cease to be provided to any employee when three (3) months have elapsed since the last date that the employee worked for Mom’s Healing Hands These benefits shall cease three (3) months from the date that a medical leave, educational leave or maternity leave commenced if an employee does not return to work at that time. These benefits shall also cease if an employee is unable to work for any reason including a work-related injury, when three (3) months have elapsed since the last date that the employee worked for Mom’s Healing Hands For any employee who accepts another job or position while on leave of absence (excluding educational leave if for teaching, his or her and all benefits will cease immediately. Vacation time, sick and personal time and holidays are not paid or accumulated during a medical leave, educational leave or maternity leave. Seniority is not accumulated during any of these leaves of absence. Prior to a leave of absence, employees shall be paid for all accrued personal and sick time. Employees shall be allowed to bank up to eighty (80) hours of accrued and used vacation time to be used upon their return to work. This request must be made to the employer prior to the leave of absence: (Note: For mental health contract providers with 3800B specialized residential services contracts, some of these contracts require the liquidation of accrued expenses/accounts payable within 90 days of the close of the contract year which may necessitate a different vacation policy that does not permit the banking of vacation time.) An employee desiring to return to work from a leave of absence shall notify Mom’s Healing Hands of such desire thirty (30) days prior to the date that the employee desires to return to work, If thirty (30) days notice is not reasonable under certain circumstances, the employee shall provide as much notice as is reasonable under the circumstances, If you are a person with a covered disability, you may request a modification of this policy as a reasonable accommodation which shall not result in additional paid leave. 25. MEDICAL EVALUATIONS Mom’s Healing Hands reserves the right at any time to require the employee to submit to a medical examination verifying that the employee is physically and emotionally capable of performing the employee’s job responsibilities from a physician selected by the employer at the employer’s expense. Mom’s Healing Hands also reserves the right at its sole discretion and expense to require an employee who is presently working, and is not on any leave of absence, to provide a physicians statement verifying that the employee is physically and emotionally capable of performing the employees job responsibilities. 26. RESIDENTS RIGHT’S The following resident rights must be adhered to by all employees. Any staff observing any person violating these Resident Rights must report it to the administrator/home manager immediately and in writing. 1. The right to be free from discrimination on the basis of race, religion, color, national origin, sex, age, handicap, marital status, or source of payment in the provision of services and care, 2. The right to exercise his or her constitutional rights including the right to vote, the right to practice religion of his or her choice, the right to freedom of movement, and the right of freedom of association. 3. The right to refuse participation in religious practices 4. The rights to write, send, and receive uncensored and unopened mail at his or her own expense. 5. The right of reasonable access to a telephone for private communications. Similar access shall be granted for long distance collect calls and calls which otherwise are paid for by the resident. A licensee may charge a resident for long distance and toll telephone calls. When pay telephones are provided in group homes, a reasonable amount of change shall be available in the group home to enable residents to make change for calling purposes. 6. The right to voice grievances and present recommendations pertaining to the policies, services, and house rules of the Home without fear of retaliation. 7. The right to associate and have private communications and consultations with his or her own physician, attorney, or any other persons of his or her choice. 8. The right to participate in the activities of social, religious, and community groups at his or her own discretion. 9. The right to use the services of advocacy agencies and to attend other community services of his or her choice. 10. The right of reasonable access to and use of his or her personal clothing and belongings. 11. The right to have contact with relatives and friends and receive visitors in the home at a reasonable time. Exceptions shall be covered in the Residents Assessment Plan, and special consideration shall be given to visitors coming from out of town or whose hours of employment warrant deviation from usual visiting hours. 12. The right to employ the services of a physician, psychiatrist, or dentist of his or her choice for obtaining medical, psychiatric, or dental services. 13. The right to refuse treatment and services including the taking of medication, and to be made aware of the consequences of that refusal. 14. The right to request and receive assistance from the responsible agency in relocating to another living situation. 15. The right to be treated with consideration and respect, with due recognition of personal dignity, individuality, and the need for privacy. 16. The right of access to his or her room at his or her own discretion. 17. The records of the resident that are required to be kept by the licensee under the Adult Foster Care Facility Licensing Act or rules shall be confidential and properly safeguarded as required by the Licensing Act, Section 12(3). 1. INCIDENTS AND ACCIDENTS In the event of the death of a resident; any accident or illness that requires hospitalization; incidents that involve serious hostility; any hospitalization; any attempts at self-inflicted harm or harm to others; any instances of destruction to property; and incidents that involve arrest or conviction of a resident for arson, rape, murder, burglary, robbery, larceny, motor vehicle theft and aggravated assau1t staff shall do the following: 1. Immediately inform the administrator/home manager. 2. Complete a written incident and accident report, date and sign the report. 3. The administrator/home manager or staff if requested shall make a reasonable attempt to contact the residents designated representative and responsible agency by telephone. If a message is left, write down the time and name of the person who received the message. 4. Within 48 hours the administrator/home manager must send a copy of the incident and accident report to: a) The resident’s designated representative b) Responsible Agency c) AFC licensing consultant 5. The Licensee/administrator shall immediately investigate the cause of an accident or incident that involves a resident, employee or visitor. 6. For purposes of this policy, an incident: means a seizure or a highly unusual behavior episode including a period of absence without prior notice. 1. RESIDENT ABSENT WITHOUT NOTICE* 7. If a resident is absent without notice, the licensee/administrator or direct care staff shall do the following: 8. Make a reasonable attempt to contact the residents designated representative and responsible agency. 9. Contact the local police authority. 10. Make a reasonable attempt to locate the resident by making appropriate telephone calls to determine the resident’s location and searching the immediate area, keeping in mind staffing requirements of the home. A direct care staff shall also immediately call the licensee/administrator. 11. The licensee/administrator shall submit a copy of the written report to the residents designated representative and responsible agency within 24 hours of each occurrence. 1. ABUSE REPORTING* All suspected abuse shall be reported orally and in writing to the administrator/home manager immediately. 1. As an entity tinder contract with Mom’s Healing Hands, if you have reasonable cause to suspect the abuse of a recipient or resident, you shall immediately make or cause to be made, by telephone or otherwise, an oral report of the suspected abuse to the law enforcement agency of the county, or city, in which the abuse is suspected to have occurred or to the state Police. 2. Within 72 hours a written report shall be filed with the law enforcement agency and the licensee. 3. A person who makes the report of abuse will not be dismissed or otherwise penalized for making the report unless he or she is the cause for the abuse. The report of abuse shall be confidential and subject to disclosure only with the consent of that person or by judicial process. 4. The report of abuse is not required if the person has knowledge that the incident of suspected abuse has been reported to the appropriate law enforcement agency. Abuse that is required to be reported to appropriate agency is as follows: 1. Assault 2. Assault and battery 3. Sexual intercourse under pretext of medical treatment 4. Murder 5. Manslaughter 6. Criminal sexual conduct including sexual penetration 7. Criminal sexual contact 8. Assault with intent to commit criminal sexual conduct including penetration. Abuse for reporting to appropriate law enforcement agencies does not include an assault or assault and battery which is committed by a recipient or resident against another recipient or resident. This type of incident must still be reported to the licensee or administrator/home manager. All of the above must be reported by the licensee to the Department of Consumer & Industry Services or other appropriate governmental agency. We will investigate the abuse and take appropriate action. 30. MIS-TREATMENT’ Employees shall not mistreat a resident, Mistreatment as defined in adult foster care administrative R.400.14308(1), R.400.15308(1) includes any intentional action or omission which exposes a resident to a serious risk of physical or emotional harm or the deliberate infliction of pain by any means. Staff shall not: 1. Use any form of punishment. 2. Use any form of physical force other than physical restraint, Physical restraint means the bodily holding of a resident with no more force than necessary to limit the residents movement. 3. Restrain a resident’s movement by binding or tying or through the use of medication, paraphernalia contraptions, material, or equipment for the purpose of immobilizing a resident. 4. Confine a resident in an area, such as a room where egress is prevented, in a closet, or in a bed, box or chair or restrict a resident in a similar manner. 5. Withhold food, water, clothing, rest or toilet use. 6. Subject a resident to any of the following: a. Mental or emotional cruelty b. Verbal abuse c. Derogatory remarks; about the resident or members of his or her family d. Threats e. Refuse the resident entrance to the home f. Isolate a resident by complete and unattended separation from staff and other residents. g. Use any electrical shock device 31. VOLUNTEERS It is the policy of Mom’s Healing Hands Inc. to encourage volunteers to work in the home and with residents. Each volunteer working in the home must certify in writing that he or she is free from communicable disease and the volunteer’s physical and mental health will not negatively affect either the health of the resident or the quality of the residents care before volunteering in the home. A volunteer under the direction of Mom’s Healing Hands shall sign a statement indicating whether he or she is on court-supervised probation or parole or has been convicted of a crime. We may also require a criminal history record check. The volunteer under the direction of the licensee shall be in such physical and mental health so as not to negatively affect either the health of the resident or quality of his or her care and must be suitable to assure the welfare of residents. A volunteer under the direction of Mom’s Healing Hands will be required to review and familiarize him/her self with the policies and procedures of Mom’s Healing Hands The volunteer’s name, address, and telephone number must be submitted to the home. A volunteer will not be considered in determining staffing requirements unless the volunteer meets the qualifications of a direct care staff member. 32. MILITARY LEAVE If you are inducted or enlist in the armed forces of the United States, you are to notify your supervisor so that arrangements can be made to authorize a leave of absence. The leave shall be for a maximum period of four 4) years, except when the employee’s period of military service may be involuntarily extended due to an act of war or a declared state of national emergency. In that event the period of military leave shall be extended, in accordance with federal law, until the end of the involuntary extension of the employee’s military service. You must apply for a reinstatement within ninety (90) days of your date of discharge or lose your seniority and forfeit your right to return. Members of the Armed Forces Reserve or National Guard participate in two (2) weeks of annual training will be granted a leave of absence provided proper documentation is provided. 33. VACATIONS Vacations may be taken any time during the year. Mom’s Healing Hands reserves the right to deny a specific vacation period based on scheduling needs. This provision will permit employees to make formal vacation arrangements, if so desired. Employees who are scheduled for an vacation may requested one (1) week in advance, in writing. If you are absent from work for more than ninety (90) days in any one (1) calendar year, for any reason, will disqualify you for vacation that year. NO VACATIONS ARE PAID BY MOM’S HEALING HANDS. 34. HOLIDAYS All staff will be scheduled and perform regular duties on all holidays. 35. SICK DAYS All regular, full-time employees can return to work with appropriate physician documentation. 36. BEREAVEMENT PAY In the event of a death in the immediate family of any regular full-time employee (spouse, child, father, mother, sister, brother, grandparents,), the employee will be entitled to one (I) day off if attending the funeral. 37. JURY DUTY As a good citizen, the employer encourages all employees, whenever they are requested to do so, to participate as an active member of a jury 38. WORKERS COMPENSATION All employees, full-time and part-time, are protected while on the job by Workers compensation Insurance. This insurance will provide coverage for you if you are injured, suffer an occupational illness at work or have a prolonged absence due to such injury. In case of an accident, no matter how slight, notify the supervisor and fill out an accident report immediately. Payments for medical expenses and lost time at work are determined by state law. This insurance also provides death benefits to your dependents (if any) in case of death caused at work. Mom’s Healing Hands pays the full cost of this protection. Failure to promptly report an injury may result in toss of benefits. In accordance with the leave of absence policy, upon return to work the employee must have an approved physician note that documents approval to perform their assigned duties with no restrictions. 39. SOCIAL SECURITY Social Security (F.I.C.A.) taxes are deducted from wages earned as required by federal law. This program protects you financially when you reach old age and provides disability income for various categories of employed and dependent persons. Mom’s Healing Hands matches the amount deducted from your pay check for this program. 40. COMMUNICATIONS If something is troubling you, or if you feel you are not being treated fairly, you should express your feelings to your supervisor. When a group of people are working together closely, some misunderstandings are bound to occur. If something is bothering you, if you are discouraged, worried or upset, either about your work or some outside problem, you are not at your peak of efficiency. Please feel free to discuss this matter with your supervisor. Supervisors are sincerely interested in your welfare and will do all they can to help you. It is part of their job to assist in keeping every employee in top condition. Suggestions: We welcome and encourage suggestions. You may have suggestions, problems or complaints which, when expressed, can offer an improved workplace for everyone. It may be a method to improve productivity, a solution to reduce scrap or a clarification of a policy. We hope that each employee feels free to offer ideas that could help us improve our operation. Suggestions should be made to your immediate supervisor. If you feel that your supervisor did not, cannot or will not consider your suggestion, please feel free to bring it to the attention of higher management. 41. CONFIDENTIALLY Each resident has a right to confidentiality. In accepting employment at this facility, you are placed in a position of trust in regard to information regarding the residents of the home. Employees must constantly be aware of the confidential nature of all information regarding the residents. All reports, records, and data are confidential which pertain to testing, care, treatment, reporting, and research associated with the serious communicable diseases or infection of HIV infection, acquired immunodeficiency syndrome, and acquired immunodeficiency syndrome related complex. Any employee who releases information in any form about a resident pertaining to the residents HTV status, may be guilty of a misdemeanor, punishable by imprisonment for not more than one year or a fine of not more than $5,000 or both, and is liable in a civil action for actual damages or $1,000 whichever is greater, and costs and reasonable attorney fees. If anyone contacts you about a resident for which this section may be applicable, immediately direct the person to the Executive Director. The employee should also advise the Executive Director of the contact. Information concerning the residents or staff person is not discussed outside the home. Information concerning the residents or staff person should not be released, whether written, orally, or over the phone, to any individual or agency without the approval of the employer. 42. SEXUAL HARASSMENT POLICY I. POLICY PROHIBITING SEXUAL HARASSMENT A. A. Sexual Harassment Prohibited Sexual harassment at Mom’s Healing Hands is unlawful discrimination. This policy and the law prohibit sexual harassment and retaliation for having brought a complaint of or having opposed sexual harassment and/or for having participated in the complaint process. B. Sexual Harassment Defined 1. Basic Definition: For purposes of this policy, the term sexual harassment means unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical conduct or communication of a sexual nature when: a) Submission to such conduct or communication is made either explicitly or implicitly a term or condition of the individuals employment; or b) Submission to or rejection of such conduct or communication by an individual is used as a basis for employment decisions affecting such individual; or c) Such conduct or communication has the purpose or effect of unreasonably interfering with an individual employment or creating an intimidating, hostile, or offensive work environment, 2. Examples: Examples of unwelcome sexual harassment include, but are not limited to, threatening adverse employment actions if sexual favors are not granted; promising preferential treatment in return for sexual favors; unwanted physical contact; and/or sexually offensive remarks including the following kinds of prohibited behavior: Verbal: sexual advances or propositions or threats; continuing to express interest after being informed the interest is unwelcome; sexual innuendoes; suggestive or insulting comments or sounds including whistling; sexual jokes or teasing of a sexual nature; commentary about an individuals body, sexual prowess or sexual deficiencies; and any other abuse of a sexual nature. Visual: display of sexually suggestive objects, pictures, or letters; leering; obscene gestures; sexually suggestive or offensive graffiti. Physical: unwanted physical contact including offensive touching, pinching, brushing the body, impeding or blocking movement; unwanted sexual intercourse or other unwanted sexual acts, sexual assault or battery. The above list is not meant to be exhaustive, but is included to provide examples of prohibited action. C. Persons and Settings Covered: The Employer does not condone either explicitly or implicitly, sexual harassment by anyone in the organization, clients, vendors, and independent contractors, applicants for employment or visitors to the workplace. II. COMPLAINT PROCEDURE The Employer is responsible for fostering a workplace free from sexual harassment, for discouraging employment-related sexual harassment and for implementing and enforcing this policy. This responsibility is continuing, whether or not complaints of sexual harassment have been brought to the attention of the employer. Any person who feels that she or he has been subjected to sexual harassment, who is aware of conduct prohibited under this policy, or who feels that she or he has been retaliated against for having brought a complaint of or having opposed sexual harassment and/or for having participated in the complaint process is encouraged to bring the matter to the attention of either the supervisor or executive director. The employer will investigate all allegations of sexual harassment promptly. To protect the interests of the complainant, the person complained against, witnesses, any other who may report incidents of sexual harassment, and all other persons affected, confidentiality will be maintained to the extent practicable and appropriate under the circumstances. Mom’s Healing Hands will conduct a prompt, through, and impartial investigation using the following procedures: 1. Interviewing the complainant, both at the time the complaint presented and at the time the complaint is reduced to writing; 2. Interviewing all witnesses identified by the complainant and reducing their statements to writing, either by requesting that the witnesses do so or by reducing their statements to writing to be signed or otherwise acknowledged by the witnesses; 3. Reviewing any documentary or other evidence submitted by the complainant; 4. Interviewing the alleged harasser and reducing her or his statement to writing; 5. Interviewing all witnesses identified by the alleged harasser and reducing their statement to writing, either by requesting that the witnesses do so or by reducing their statements to writing to be signed or otherwise acknowledged by the witnesses; 6. Interviewing other potential witnesses who may have observed the conduct alleged or who may possess knowledge regarding the allegation under investigation mid reducing their statement to writing, either by requesting that the witnesses do so or by reducing their statements to writing to be signed or otherwise acknowledged by the witnesses; 7. Reviewing any documentary or other evidence submitted by the alleged harasser; 8. Informing all witnesses including the complainant and the alleged harasser of the confidentiality of the investigation; 9. Completing a written determination of the validity of the complaint III. RESOLVING THE COMPLAINT a) IF VIOLATION FOUND If, as a result of an investigation, Mom’s Healing Hands determines that a violation of this policy has occurred, Mom’s Healing Hands will take prompt and appropriate remedial action to eliminate the policy violation and to insure that it does not recur. Such remedial action may include: 1. Disciplinary action of the harasser up to and including termination of employment; 2. Restoration to an individual of any employment benefits on employment status impaired as a result of the sexual harassment or the exercise of the right to make a complaint of sexual harassment, to oppose sexual harassment, or to participate in an investigation under this policy; 3. Removal from the individual’s personnel record or other records of the employer of any documents containing adverse or negative references to the complainant flowing from the policy violation; 4. Other appropriate measures to assure that any individual adversely affected by the filing of a complaint, participation in any complaint proceeding, or opposition to sexual harassment is restored to the position held prior to the policy violation; 5. Removal of the effects of the policy violation in the workplace, such as the removal of offensive graffiti or posters or similar objects of visual sexual harassment, the elimination of unwanted physical contact; 6. Other appropriate measures to assure that this policy and Mom’s Healing Hands commitment to enforcing this policy, is reiterated in the workplace; such as republication of the policy and in-house training relating to the policy. B. IF NO VIOLATION FOUND If, as a result of the investigation, Mom’s Healing Hands determines that no violation of this policy has occurred, the employer will: 1. Inform the complainant and the alleged harasser of the results of its investigation and the reasons for its finding of no policy violation; 2. Advise the complainant and the alleged harasser that Cornerstone Community Development. Inc. is committed to the enforcement of this policy and will not tolerate sexual harassment or retaliation of any sort; 3. Notwithstanding the determination that no policy violation has occurred, advise all individuals that there will be no retaliation for making a complaint of sexual harassment, opposing sexual harassment, or participating in an investigation under this policy; 4. Advise the complainant to provide additional information relating to any policy violations in the future; 5. Take appropriate measures to assure that this policy, and the Employer’s commitment to enforcing this policy, is reiterated in the workplace, such as republication of the policy and in-house training relating to the policy. B. IF NO DETERMINATION POSSIBLE If, as a result of the Investigation, Mom’s Healing Hands determines that there is insufficient information from which to make a determination whether a policy violation has occurred, Mom’s Healing Hands should: 1. Inform the complainant and the alleged harasser of its finding that no determination can be made; 2. Advise the complainant and the alleged to the enforcement of this policy and retaliation of any sort; 3. Notwithstanding the determination that there is insufficient information for which to determine that a policy violation has occurred, advise all individuals that there will be no retaliation for making a complaint of sexual harassment, opposing sexual harassment, or participating in an investigation under this policy; 4. Advise the complainant to provide additional information relating to any policy violations in the future; 5. Take appropriate measures to assure that this policy, and Mom’s Healing Hands commitment to enforcing this policy, is reiterated in the workplace, such as republication of the policy and in-house training relating to the policy. D. RETALIATION Mom’s Healing Hands shall assure that no individual shall be retaliated against for making a complaint of sexual harassment, opposing sexual harassment, or participating in an investigation under this policy, regardless of whether a policy violation is found, no policy violations found, or no determination of a policy violation is possible. 43. RESIGNATION Should you decide to terminate your employment with Mom’s Healing Hands; please notify your supervisor so that proper arrangements may be made in regard to your final paycheck. 44. EXIT INTERVIEW Each employee, upon termination or resignation, shall engage in an exit interview. At the time of this interview, the employee may be asked to fill out an exit interview form. The employee will also be required to return all home property presently in his or her possession including, but not limited to: keys, gasoline credit cards, etc. 45. TRANSPORTING RESIDENTS: POLICY FOR STAFF AND DRIVERS It is the policy of Mom’s Healing Hands that all staff and drivers of the employers vehicles, or when using their own vehicle to conduct business for Mom’s Healing Hands, shall have a valid Michigan operators license or chauffeurs license as required by law, be insurable under the employers automobile insurance policy, or when using their own vehicle, have proper and adequate automobile insurance and meet other criteria defined below, All occupants in any vehicle shall be properly restrained as required by law. Staff is defined to mean any individual who may be required to transport a resident in an employer’s including emergency vehicle including emergency situations, or who uses their own vehicle to conduct business for Mom’s Healing Hands. An employee whose driving record reveals any of the following will not be permitted to drive employer vehicles, or use their own vehicle to conduct business for Mom’s Healing Hands: 1. Currently suspended license. 2. Three At Fault accidents within three years not resulting in a conviction. 3. Accumulation of 9 or more points in two years. 4. A single conviction of a 6 point violation or any of the following infractions: a. at Fault accident resulting in a conviction b. Felonious use of vehicle c. Operating vehicle while under the influence of alcohol or drugs d. Operating a vehicle while impaired e. Fleeing accident f. Reckless driving g. Fleeing an officer An employee who becomes incompetent to drive or is inflicted with a mental or physical infirmity will not be permitted to drive the employer’s vehicles, provided such disability constitutes a threat to public safety. Evaluation of competency or ability will be determined by appropriate medical opinion. Employees not categorized above will be permitted to operate the employer vehicles, or use their own vehicle, and will be required to sign the statement of Driver Responsibility. Staff and drivers agree to advise Mom’s Healing Hands of any traffic tickets or other citations involving an automobile in which staff or drivers are found to be responsible, at fault, or guilty. Motor vehicle driving records will remain as part of the personnel file. Mom’s Healing Hands reserves the right to modify, add or delete from this policy as determined solely by the employer. STATEMENT OF DRIVER RESPONSIBILITY As an employee of Mom’s Healing Hands, I understand that I will be required to drive the employers’ vehicles while on duty, or may need to use my own vehicle to conduct business for Mom’s Healing Hands and that I must maintain a safe driving record for satisfactory job performance. ( ) I am in compliance with the Uniform Policy for Staff and Drivers ( ) I am not in compliance with the Uniform Policy for Staff and Drivers. If not in compliance, state why by signing this statement I verify that I have read and understand the Uniform Policy for Staff and Drivers. I certify that I am in compliance with the policy and consent to allow Mom’s Healing Hands, to verify this statement I f not in compliance with the Un form Policy for Staff and Drivers, I will disclose my driving record to Mom’s Healing Hands, and I understand that I may not be hired, or if employed by the employer my employment may be terminated upon verification of my driving record. I understand that determination of safe driving will include annual or periodic reviews of my Master Driving Record on file with the Michigan Department of State. I agree to advise the employer of any traffic tickets or other conditions involving an automobile for which I am found to be responsible, at fault, or guilty. I also understand that this policy may be altered, modified, or deleted at the sale option of Mom’s Healing Hands, and I agree to follow any changes made upon notice from the employer. Signature: ______________________________________________ Date: _____/____/____ Position: ________________________________________________ 46. SUBSTANCE SCREEN POLICY It is the policy of Mom’s Healing Hands to maintain a drug free work environment for employees. Mom’s Healing Hands reserves the right to require employees to submit to a substance screen by urine, blood, or hair sample when requested. A. Policy Purpose  Assure a drug free staff to serve our residents involved — many who are medically involved.  Reduce vehicle accidents and in home accidents.  Assure greater safety of staff operating equipment in the home.  Maintain high staff morale and employee performance for the benefit of staff and residents.  Reduce crime in the work place.  Reduce absenteeism and tardiness.  Increase staff effectiveness, productivity and reliability.  Secure a living environment which protects the resident property and well being, and sustain the highest quality of residential care service B. All Employees 1. No employee shall possess, consume or carry with them alcoholic beverages of any kind, controlled substances not prescribed by a physician, or illegal drugs on Mom’s Healing Hands property or in an employer vehicle or any other location during working hours. 2. No employee shall report to work after consuming alcoholic beverages, controlled substances, or illegal drugs in condition that makes him or her unfit for full and reliable performance of job responsibilities and appropriate care of residents entrusted to his or her care. 3. Any employee suspected of being under the influence of drugs or alcohol, or any other good cause, will be required to submit to urine analysis or blood test. 4. Any employee involved in an accident may be required to submit to a drug or alcohol test. 5. Any employee involved with damage to equipment belonging or entrusted to the employer may be required to submit to a drug or alcohol test. 6. Any employee who has indicated that he or she is unable to perform their duties or has given employer cause to suspect drug or alcohol usage affecting his or her job may be required to submit to a drug or alcohol test. 7. Excess or unusual absenteeism may be cause for drug or alcohol tests. 8. Any employee convicted of selling drugs, or convicted of illegal drug usage, or illegal possession may be terminated. 9. Employees who, as part of a medical treatment plan, are required by a physician to use prescription drugs or narcotics must report this fact to their immediate supervisor along with any reasonable medial documentation requested by the employer prior to reporting to work. A determination shall be made by Mom’s Healing Hands as to whether the employee is able to perform his or her work responsibilities satisfactorily. C. Procedure A substance screen shall be by securing a urine, bland, or hair sample. Mom’s Healing Hands will utilize only professionally developed and administered drug detection tests and will pay all costs for drug detection tests. Also, the employee will receive a copy of the test results and all reports or analyses prepared as a result of a positive confirmation test. The sample will be secured by means of a chain of custody program at the clinic to assure identification and integrity is maintained from collection through testing. The drugs being identified are those drugs which are used or abused, are not part of a medical treatment plan, and may alter the thinking and actions of its user. The classes of drugs frequently identified by way of illustration and not a total listing of all drugs are amphetamines, barbiturates, benzodiazepines, cocaine, opiates, and cannebenoids (Marijuana or THC). Some over- the-counter drugs may be identified. Positive results will be evaluated in context of the individual’s complete medical history. The specimen will be subject to an initial screen. If a drug is detected, it will be followed with a confirmation test. The results of a drug detection test shall be kept confidential unless disclosure of results is mandated by law, by a court decision, or by the advice of employer’s attorney, or when an employee challenges the results of the test. When an employees confirmation test results are positive, specimens of the tested fluids will be saved in order to enable the employee to challenge test results. The employee will have three days from the date of notification of positive test results to make an official challenge of results and will be required to make arrangements at an approved laboratory for an alternate test and pay for these additional tests, at his or her own expense. If the results of the employees test differ from the employer’s, the employee shall authorize release of the test results to the employer. Mom’s Healing Hands will reconsider the results and take action accordingly. D. Rehabilitation All employees who admit they have a substance abuse problem or test positive for drug or alcohol use and who want to go through a drug or alcohol rehabilitation program for the first time will be conditionally reinstated to their job after successfully completing the substance abuse rehabilitation program and maintaining the preventive course of conduct prescribed by the employees drug or alcohol counselor and his doctor including, but not limited to, regular attendance at AA/NA meetings. Proper documentation and verification of being free of drugs and any doctor statement shall be required before the employee will be permitted to return to work. An employee who is diagnosed as a drug abuser or alcoholic may be granted an unpaid medical leave of absence consistent with the terms and conditions of the Mom’s Healing Hands leave of absence policy. The employee will not be permitted to return to work until certification is presented to the employer indicating that the employee is capable of satisfactorily performing his or her job responsibilities. Failure to cooperate with an agreed upon rehabilitation treatment plan may result in discipline up to and including employee termination. Employees who do not follow the prescribed preventive maintenance treatments by their drug or alcohol counselor and who engage in drugs or alcohol abuse will be subject to immediate termination. Employees will have only one opportunity to go through a rehabilitation program. Employees who refuse to seek appropriate help or rehabilitation as determined by the employer, shall be subject to dismissal. The employee shall be responsible for all medical and rehabilitation costs and fees. E. Refusal If an employee refuses a substance screen, by hair4 blood, or urine test, that employee will be treated as insubordinate for failure to obey a directive and such action will be grounds for dismissal. F. Employee Statement I have read this policy on substance screen testing and understand the purpose and procedures as stated. I agree to participate in the procedures arid grant my permission for the results to be disclosed to Mom’s Healing Hands I agree to cooperate fully in taking the substance screen test. I hereby release Mom’s Healing Hands, his directors, officers, employees, agents and contractors from all liability, claims and damages whatsoever that I may have for administration of the substance screen test. Employee Signature: ____________________________ Date: ____/____/____ 2022

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