Employee Handbook
Care and Respect Every Day
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Arc of Westchester Employee Handbook
Welcome to Arc of Westchester. You are joining a team of professionals dedicated to enhancing the lives of people with intellectual and developmental disabilities. Working here is more than a job. It’s an enriching experience, unlike any other. At Arc of Westchester, you will experience the satisfaction that results from helping someone embrace and cultivate their talents and dreams and fulfill a life of distinction. We are here to assist you in a career that will be rewarding and is vital to the overall mission of our agency. Arc of Westchester is not only an advocate for the people we serve and their families, we are an important part of our local communities. We are committed to promoting environmental stewardship at all levels of our agency. Our employees are encouraged to be part of these efforts. This handbook provides you with a brief summary of Arc of Westchester policies and practices and how they affect you. Information may change from time to time and will be reflected in an electronic version located in a public folder.
Richard P. Swierat Executive Director
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TABLE OF CONTENTS Arc of Westchester History................................................................................4 Employee Relations Philosophy .....................................................................5 About Employee Handbook.............................................................................6 Employee Policies and Benefits........................................................................7-14 Equal Employment Opportunity Sexual Harrassment Other Forms of Harrassment Employment TB Testing Orientation Period Staff Development & Conferences Performance Appraisals Personnel Files Confidential & Personal Information Alcohol/Controlles Substance Policy Smoke Free Workplace Environmental Policy Job Classification and Salary............................................................................15-20 Salary & Increments Promotions & Transfers Job Classifications Hours of Work Work Week & Paydays Direct Deposit Pay Correction Policy Expense Reimbursement Employee Responsibilities................................................................................21-26 Rules of Conduct Federal False Claims Act Grievance Procedure Attendance & Punctuality Overtime Safety & Security Workplace Violence Employee Computer Usage Social Media
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Employee Responsibilities (cont)....................................................................21-26 Solicitation, Distribution, Posting & Access to Premises Personal Phone Calls, Cell Phone Use and Text Messaging Contact with the Media Time Away From Work.....................................................................................27-33 Holidays Vacation Policy Sick Days Personal Days Jury Duty Family Medical Leave Leaves Under New York State Leaves As a Reasonable Accommodation Employee Benefits Program..............................................................................34 Health Insurance Dental Insurance Life, Accidental Death, Dismemberment, Loss of Site, Insurance and Long Term Disability Tax-Sheltered Annuity and Retirement Program Workers’ Compensation If You Must Leave The Agency........................................................................35 Employment Counseling, Discipline & Discharge Resignation References
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OUR HISTORY Arc of Westchester is the largest private voluntary agency in Westchester County serving children and adults with developmental disabilities, including autism. Founded in 1949 by families of children with developmental disabilities, Arc of Westchester now serves not only individuals with developmental disabilities, but also those individuals with cerebral palsy, autism, epilepsy, or brain injury. Their conditions and needs are diverse, but they all have one thing in common. They all want to learn, have a job and live in the community just like everyone else. As one of the 60 Chapters of NYSARC, Inc., along with being a chapter of The Arc of the US, we currently operate over 14 preschool inclusionary classes in schools throughout the county and have day services located in Yonkers, Mount Kisco, Ossining, New Rochelle, Port Chester, Peekskill and White Plains, 44 community residences throughout the county, a summer and year-round recreation and transitions program, and a broad spectrum of family support services. Our mission is to empower children, teens and adults with intellectual and developmental disabilities, including individuals on the autism spectrum, to achieve their potential by strengthening families and encouraging personal choices, abilities and interests. Our vision is a world in which children, teens and adults with intellectual and developmental disabilities including individuals on the autism spectrum enjoy fulfilled lives and an inspired future.
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THE ARC OF WESTCHESTER’S EMPLOYEE RELATIONS PHILOSOPHY The Arc of Westchester is committed to providing the best possible environment for employees to maximize their professional growth and development and achieve their career goals. The Agency’s approach is to treat each employee as an individual while seeking to develop a spirit of teamwork. The Arc of Westchester strives to achieve both strategic, quality and person-specific goals can be accomplished and this is fostered through an open and progressive workplace. Most importantly, issues and concerns are discussed and resolved in a mutually respectful atmosphere so that the highest quality of care can be provided at all times.
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A WORD ABOUT THIS EMPLOYEE HANDBOOK This Employee Handbook contains information about the employment policies and practices of the Arc of Westchester (also referred to as the “Agency”). Each employee is expected to read this Employee Handbook carefully, as it is a valuable reference to understand their job and the Agency. The policies outlined in this Employee Handbook should be regarded as management guidelines only and so none of the information within should be considered contractual in nature. The Agency retains the right to make decisions involving employment as needed to conduct its work in a manner that is beneficial to it, its employees, and the participants we serve. This Employee Handbook supersedes and replaces any and all prior Employee Handbooks and any inconsistent verbal or written policy statements. Except for the policy of at-will employment, which can only be changed by the Executive Director in a signed written contract, the Agency reserves the right to revise, delete and add to the provisions of this Employee Handbook at any time with or without further notice. All such revisions, deletions or additions to the Employee Handbook will be in writing and will be signed by the Executive Director. No oral statements or representations can change the provisions of this Employee Handbook. The Agency is an at-will employer. This means that regardless of any provision in this Employee Handbook, either an employee or the Agency may terminate the employment relationship at any time, for any reason, with or without cause or notice. Nothing in this Employee Handbook or in any document or statement, written or oral, shall limit the right to terminate employment at-will. No officer, employee, or representative of the Agency is authorized to enter into an agreement – express or implied – with any employee for employment for a specified period of time except the Executive Director, who may only do so in a written document signed by the Executive Director.
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EMPLOYEE POLICIES AND BENEFITS EQUAL EMPLOYMENT OPPORTUNITY Arc of Westchester has been and continues to be an equal opportunity employer committed to complying with all federal, state, and local equal opportunity laws. It has been the policy of the Agency to provide equal opportunity in all areas of employment, including but not limited to: recruiting, hiring, training, transfer, assignment, promotion, compensation, evaluation, discipline, benefits, demotion, termination, and layoffs in all programs. All employment policies and decisions are administered without regard to an individual’s actual or perceived race, color, creed, religion, sex, national origin, citizenship, age, marital status, familial status, sexual orientation, gender identity or expression, disability, pregnancy, status as a victim of domestic violence/stalking/sex offense, genetic information or predisposing genetic characteristics, veteran/military status, or any other characteristic protected by federal, state, or local law. All members of the management team are committed to the spirit and letter of Arc of Westchester’s equal employment opportunity policy. The Agency’s diverse work force demonstrates its commitment to an inclusive work environment that is free of discrimination and represents an essential element of its policy. This commitment serves as the foundation for the creation of the Agency’s Employee Wellness and Activities Committee. The Agency will provide reasonable accommodations to qualified individuals with a disability consistent with the law. What constitutes a reasonable accommodation depends on the circumstances and thus will be addressed on a case-by-case basis. Any request for an accommodation should be made to your supervisor and/or to the Human Resources Department. Any individual at any time, even after separation of employment who feels this policy has been violated should immediately contact his or her supervisor or the Human Resources Department. Employees can raise concerns and make reports by utilizing the Grievance Procedure (on page 23) without fear of reprisal. Anyone found to engage in any type of inappropriate conduct under this policy will be subject to disciplinary action, up to and including termination of employment. Page 7
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SEXUAL HARASSMENT The Agency does not tolerate sexual harassment of its employees. The purpose of this policy is to ensure that employees of the Agency are free from sexual harassment in the workplace or at any other location where Agency sponsored activities occur, since such conduct may be unlawful and negatively affect the Agency and its employees. If you believe that you or another employee is sexually harassed by a supervisor, employee, non-employee, vendor or other third parties with whom you interact as part of your job, you are directed to bring the matter to the Agency’s attention immediately in the manner set forth below. Sexual harassment is not easily defined. Examples of conduct that could constitute sexual harassment include unwelcome sexual advances, request for sexual favors, obscene gestures, displaying sexually graphic magazines, calendars, posters, or Internet sites, sending sexually explicit e-mail, voice-mail, or other electronic transmissions, or other verbal, non-verbal or physical conduct of a sexual nature, such as uninvited or non-consensual touching or sexually-related comments or compliments, that: (1) has the purpose or effect of creating an intimidating, hostile, or offensive working environment; or (2) has the purpose or effect of unreasonably interfering with an individual’s work performance; or (3) otherwise adversely affects an individual’s employment opportunities. In addition to the above, any disrespectful behavior through insulting or degrading sexual remarks or conduct, and threats, demands, or suggestions, that an employee’s work status is contingent upon the employee’s toleration of or acquiescence to sexual advances, are grounds for disciplinary action, up to and including termination. All employees have a duty to report any instance of sexual harassment, whether the harassment is directed toward you or another employee and whether committed by a supervisor, fellow employee, or non-employee. If you feel that you have been subjected to sexual harassment, or if you witness conduct that you believe is sexual harassment, report the matter immediately to your immediate supervisor. If you are not sure to whom you should speak about an issue of sexual harassment, or if you have not received a satisfactory response within five (5) business days after reporting any incident of what you perceive to be sexual harassment, immediately contact the Director of Human Resources at 914-495-4635 and she will ensure that an investigation is promptly conducted. Please be aware, however, that investigations sometimes take longer than five days to complete. Every report of perceived sexual harassment will be fully investigated and corrective action will be taken where appropriate. Page 8
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Any employee who engages in inappropriate conduct deemed to be sexual harassment, or who otherwise violates this policy will be subject to disciplinary action, up to and including termination of employment. It is unlawful and against the Agency’s policy to retaliate against an employee for making a sexual harassment complaint or for cooperating in an investigation of a sexual harassment complaint; such retaliation is also grounds for disciplinary action up to and including termination. Information resulting from complaints filed under this procedure will be kept confidential by the Agency’s management to the extent possible.
OTHER FORMS OF HARASSMENT The Agency also does not tolerate harassment in the workplace or at any other location where Agency-sponsored activities occur, whether the harassment is based on an individual’s actual or perceived race, color, creed, religion, sex, national origin, citizenship, age, marital status, familial status, sexual orientation, gender identity or expression, disability, pregnancy, status as a victim of domestic violence/stalking/ sex offense, genetic information or predisposing genetic characteristics, veteran/military status, or any other characteristic protected by federal, state, or local law. The purpose of this policy is to ensure that employees are free from all forms of harassment in the workplace, since such behavior has a negative impact on both the Agency and its employees. If you believe that you or another employee is harassed by a supervisor, employee, client, vendor, or other third parties with whom you interact as a part of your job, in violation of our policies, you are directed to bring the matter to the Agency’s attention immediately in the manner set forth below. Harassment is any conduct that: (1) has the purpose or effect of creating an intimidating or hostile working environment; or (2) has the purpose or effect of unreasonably interfering with an individual’s work performance; or (3) otherwise adversely affects an individual’s employment opportunities. Examples include vulgar conversation or jokes; unwelcome comments about an employee’s physical characteristics, religious beliefs, ethnic background, medical condition, or disability; slurs, threats, or other similar verbal, non-verbal or physical conduct directed toward a person, which is sufficiently severe or pervasive to create an unprofessional and hostile working environment. Page 9
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All employees have a duty to report any instances of harassment, whether the harassment is directed toward you or another employee. If you feel that you have been subjected to harassment, or if you witness conduct that you believe is harassment, report the matter immediately to your immediate supervisor. If you are not sure to whom you should speak about an issue of harassment, or if you have not received a satisfactory response within five (5) business days after reporting any incident of what you perceive to be harassment, immediately contact the Director of Human Resources at 914-495-4635 and she will ensure that an investigation is promptly conducted. Please be aware, however, that investigations sometimes take longer than five days to complete. Every report of perceived harassment will be fully investigated and corrective action will be taken where appropriate. Any employee who engages in conduct that violates this policy will be subject to disciplinary action, up to and including termination of employment. It is against the Agency’s policy to retaliate against an employee for filing a harassment complaint or for cooperating in an investigation of a harassment complaint; such retaliation is also grounds for disciplinary action up to and including termination. Information resulting from complaints filed under this procedure will be kept confidential by the Agency’s management to the extent possible.
EMPLOYMENT TB TESTING As a condition of employment, employees must comply with the TB testing requirements set forth in the Personnel Policy manual. A copy is available in the Human Resources office.
ORIENTATION PERIOD New employees are subject to an orientation period of ninety (90) days. Generally, benefits provided by the Agency will go into effect for eligible employees after they have successfully completed the orientation period, except as provided in this handbook or in relevant benefit plan documents. During the orientation period, eligible employees may accrue time off benefits. However, employees may not receive paid time off until after the orientation period has been completed. Completion of the orientation period does not affect the at-will nature of employment. Page 10
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STAFF DEVELOPMENT& CONFERENCES All new employees are expected to attend an Agency-wide orientation training program. This program is designed to ensure all staff receive the basic training as mandated by OPWDD (Office for People With Developmental Disabilities), SED (State Education Department), and other regulatory authorities. Trainings are conducted throughout the year on a variety of topics. Some of these training sessions are mandatory and others are voluntary. Please consult your supervisor to discuss your attendance at these trainings. Staff are encouraged to improve their skills by attending conferences and outside training. However, due to budgetary and staffing limitations, we may not be able to give time off for class attendance or course fees. In any event, employees are required to maintain all certifications and licenses required for their position.
PERFORMANCE APPRAISALS An official performance appraisal is completed for each employee after the three month orientation period. In addition, an annual evaluation is generally completed during the month of the employee’s anniversary date. Employees working in the Children School for Early Development will generally be evaluated after the three month orientation period following their hire and before the end of the school year. All school year reviews will be generally be completed by May 31 evaluating performance during the current school year in compliance with the New York State Education Department rules and regulations. From time to time, due to other pressing business matters, the supervisor may not be able to complete the employee’s appraisals in a timely fashion. If this occurs, it should not be interpreted by the employee as either a positive or a negative comment on their performance.
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PERSONNEL FILES The Agency maintains all personnel files in a confidential manner. Employees have a right to access information in their file. Employees may not make any copies of documents in their personnel file or remove any documents or files from the Human Resources office. All employees are responsible for submitting any changes in license, certification and personal information to the Human Resources Department. The ADA (American with Disabilities Act) requires that any and all medical documents be contained in a separate locked file. We have established a separate set of files in the Human Resource Department that will include TB testing results and other medical and personal information as received.
CONFIDENTIAL AND PERSONAL INFORMATION The Agency recognizes that its program participants and their families trust that all information regarding their personal circumstances, medical history and treatment and financial situation will be held in the strictest confidence. In accordance with federal and state law, all employees must agree to use the confidential and/or personal information of program participants only as needed to perform their job duties. Employees who, by their unique position, have access to the Agency’s participant information are prohibited from divulging information regarding program participants other than on a “need to know” basis. A breach of participant confidentiality may result in disciplinary action up to, and including, termination of employment. Further, to respect the privacy of program participants, no employee may take unauthorized images with the use of cameras, video recorders, or cell phones or make recordings of any kind while acting as an Agency representative in all programs. Personal health information and other confidential information should never be stored or transmitted through cell phones.
ALCOHOL/CONTROLLED SUBSTANCE POLICY The Agency has vital interests in ensuring a safe, healthy and efficient working environment for our employees, their co-workers and its program participants. The unlawful or improper presence or use of controlled substances or alcohol in the workplace presents a danger to everyone. For these reasons, employees are prohibited from reporting to work or working while using or under the influence of alcohol or illegal Page 12
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or unauthorized substances. Employees are prohibited from reporting to work or working when the employee uses any controlled substance, except when the use is pursuant to a doctor’s orders and the doctor advised the employee that the substance does not adversely affect the employee’s ability to safely perform his or her job duties. Any employee believed to be involved with any of these prohibited activities may be placed on administrative leave without pay pending the completion of an inquiry or investigation, and the matter may be referred, when applicable, to the appropriate law enforcement authorities. The Agency further reserves the right to take any and all appropriate and lawful actions necessary to enforce this substance abuse policy including, but not limited to, the inspection of Agency property, as well as an employee’s personal property when the Agency has reasonable suspicion to believe that the employee has violated this substance abuse policy. Consistent with its fair employment policy, the Agency maintains a policy of non-discrimination and reasonable accommodation with respect to recovering addicts and alcoholics, and those having a medical history reflecting treatment for substance abuse conditions. For the Agency’s complete policy regarding alcohol and controlled substances, please see the Agency’s Personnel Policy manual.
SMOKE FREE WORKPLACE In the interest of maintaining a safe and healthy workplace, protecting all employees and visitors from secondhand smoke and in compliance with the New York State Clean Indoor Act, the Agency has implemented a smoke-free workplace for all Arc of Westchester facilities, including but not limited to group homes. Smoking (which includes the use of electronic cigarettes and/or vaporizers) will also be prohibited in all agency vehicles or other vehicles used for transporting program participants. Employees may smoke in designated areas. Cigarettes and matches must be placed in ashtrays and approved receptacles in these areas.
ENVIRONMENTAL POLICY The Arc of Westchester is committed to environmental stewardship at all levels of the Agency. The Agency’s goals are to minimize pollution and waste, conserve energy and water, protect habitat, support renewable Page 13
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energy resources, buy environmentally friendly products, and encourage environmentally preferable transportation. All employees will receive information about the Agency’s efforts to improve our environmental performance and will be expected to support and act in accordance with these goals. For the Agency’s complete policy regarding environmental practices, please see the Agency’s Personnel Policy Manual.
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JOB CLASSIFICATION AND SALARY SALARY & INCREMENTS The Agency’s philosophy is to attempt to compensate employees in such a way as to attract, retain and develop the most qualified employees. Funding for salaries comes primarily from government sources and dollars raised through fundraising efforts. The Agency will continue to review the salary structure in relation to the funding sources to see that this philosophy is carried out. However, regular and/or occasional wage increases are not guaranteed.
PROMOTIONS & TRANSFERS It is the Agency’s policy to promote from within when appropriate. Generally, openings are posted and employees are encouraged to apply for these open positions. Employees are required to inform their current supervisor if they apply for a transfer and promotion. The Agency reserves the right to hire non-employees to fill vacant positions in all cases.
JOB CLASSIFICATIONS Employees will be classified as either non-exempt or exempt from minimum wage and overtime laws. - Non-exempt employees are entitled to overtime pay as required by applicable federal and state law. - Exempt employees, pursuant to applicable federal and state laws, are not entitled to overtime pay, and are not subject to certain deductions to their salary under the Agency’s policies. Your supervisor will notify you of your employment classification at the time of hire and at any time in which your classification changes.
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In addition to the preceding categories, employees will also fall under one of the following: Full-Time Employees – Full-time employees are those employees who are hired to work 30 or more hours per week. Full-time employees are eligible for all benefits offered by the Agency except as otherwise stated in this handbook and/or in the relevant benefit plan documents. Part-Time Employees - Part-time employees are those who are hired to work less than 30 hours per week. Part-time employees, who are working at least 17.5 hours per week, are eligible for prorated vacation, sick pay, holidays, and floating holidays. Temporary Employees - Temporary employees hired by Arc of Westchester are on our payroll for a limited period of time. The employees are eligible for all the same rights and privileges as our regular full and part-time employees, as appropriate. Temporary employees’ employment is at-will. Grant Employees - Grant employees may be full or part-time and are eligible for the benefits provided in the grant under which they are working. Per Diem Employees – Per diem employees are those who typically will be called to respond to last-minute requests due to staff fluctuations, leaves of absence and general vacancies. They may also be scheduled for short-term work, part-time or full-time assignments or filling in temporarily for regular staff. Per Diem staff are eligible for state-mandated and possibly retirement benefits if they meet current qualifications as stated in the Arc of Westchester’s Pension Plan Document. The Agency cannot guarantee a per diem employee regular or continuous work opportunities because the work hours available depend upon the changing needs of the Agency.
HOURS OF WORK Management will inform new employees of their daily work schedule (except for per diem employees without a regular schedule). Management reserves the right to change an employee’s schedule at any time. Page 16
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WORK WEEK AND PAYDAYS The regular work week for all employees begins at midnight on Monday and ends at 11:59 pm the following Sunday. Employees are paid biweekly on the Friday, following the close of thepay period on the previous Sunday.
DIRECT DEPOSIT Direct Deposit of your pay check into your personal bank is available to all employees. Employees are strongly encouraged to use this convenient service. Please see the Payroll or Human Resources Department for more information.
PAY CORRECTION POLICY It is the Agency’s policy and practice to accurately compensate employees and to do so in compliance with all applicable state and federal laws. To ensure that you are paid properly for all time worked and that no improper deductions are made, you must record correctly all work time and review your paychecks promptly to identify and report all errors. Review Your Pay Stub - The Agency makes every effort to ensure that employees are paid correctly. Occasionally, inadvertent mistakes may happen. When mistakes happen and are called to the Agency’s attention, any necessary corrections will be made promptly. Please review your pay stub when you receive it to make sure it is correct. If you believe a mistake has occurred or if you have any questions, please use the reporting procedure outlined below. Non-Exempt Employees - If you are classified as a non-exempt employee, you must maintain a record of the total hours you work each day. These hours must be accurately recorded by punching in/out using the ADP eTime System. Each employee must verify that the reported hours worked are complete and accurate. Your time card must accurately reflect all regular and overtime hours worked, any absences, late arrivals, or early departures. If your time card is not accurate, notify your supervisor immediately. When you receive each pay check, please verify immediately that you were paid correctly for all regular and overtime hours worked each work week. Unless your supervisor authorizes you, you should not work any hours that are not authorized. Do not start work early, finish work late, or perform any other extra or overtime work unless you are authorized to do so and that time is recorded on your time card. Employees are Page 17
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prohibited from performing any “off-the-clock” work. “Off-the-clock” work means work you may perform but fail to report on your time card. Any employee who fails to report or inaccurately reports any hours worked will be subject to disciplinary action, up to and including termination. It is a violation of the Agency’s policy for any employee to falsify a time record, or to alter another employee’s time records. It is also a serious violation of our policy for any employee, or manager to instruct another employee, to incorrectly or falsely report hours worked or alter another employee’s time card to under- or over-report hours worked. If any manager or employee instructs you to (1) incorrectly or falsely under- or over-report your hours worked, or (2) alter another employee’s time records to inaccurately or falsely report that employee’s hours worked, you should report it immediately to the Payroll or Human Resources Departments. Exempt Employees - If you are classified as an exempt, salaried employee, you will receive a salary that is intended to compensate you for all hours you may work for the Agency. This salary will be established at the time of hire or when you become classified as an exempt employee. While it may be subject to review and modification from time to time, such as during salary review times, the salary will be a predetermined amount that will not be subject to deductions for variations in the quantity or quality of the work you perform. Under federal and state law, your salary is subject to certain deductions. For example, your salary may be reduced for the following reasons (although employees will be required to use paid time off, where eligible, to ensure full pay):
• Full day absences for personal reasons • Full day absences for sickness or disability • Full day disciplinary suspensions or administrative leaves for infractions of our written policies and procedures
• To offset amounts received as payment for witness fees or military pay
• The first or last week of employment in the event you work less than a full week
• Any full work week in which you do not perform any work Page 18
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Your salary may also be reduced for certain types of deductions such as your portion of health, dental and life insurance premiums; state, federal or local taxes, social security, etc. In any work week in which you performed any work, your salary will not be reduced for any of the reasons listed below. However, please note that your accrued vacation, personal, or other forms of paid time off may be reduced for full or partial day absences for personal reasons, sickness, disability, or inclement weather. Partial day absences for personal reasons, sickness or disability • Your absence on a day because your employer has decided to close a facility on a day on which you were scheduled to work • Absences for jury duty, attendance as a witness, or military leave in any week in which you have performed any work • Any other deductions prohibited by state or federal law To Report Concerns or Obtain More Information - If you have questions about deductions from your pay, please immediately contact your supervisor. If you believe that you have been subject to any improper deductions or your pay does not accurately reflect your hours worked, you should immediately report the matter to your supervisor. If the supervisor is unavailable or if you believe it would be inappropriate to contact that person (or if you have not received a prompt and fully acceptable reply), you should immediately contact the Payroll or Human Resources Departments. Every report regarding under- or over-reported hours or any other violation of this policy will be fully investigated and corrective action will be taken where appropriate, up to and including termination for any employee(s) who violates this policy. In addition, the Agency will not allow any form of retaliation against individuals who report alleged violations of this policy or who cooperate in an investigation of such reports. Retaliation is unacceptable, and any form of retaliation in violation of this policy will result in disciplinary action, up to and including termination. Employees must record the start and end of their work day using the ADP eTime System.
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EXPENSE REIMBURSEMENT Consistent with Agency objectives, OPWDD rules and regulations and the OPWDD Consolidated Fiscal Report Instruction Manual, the Agency’s Board of Directors authorizes reimbursement to agency management and staff for reasonable costs associated with expenses that are directly related to the Agency’s business. Requests for reimbursement must be submitted to your supervisor no later than the fifth (5th) day of the month following the month in which the expenses were incurred. For example, if an employee incurred expenses in January, the employee’s request for reimbursement would be due no later than February 5. For additional information regarding the Agency’s expense reimbursement policies and procedures, please see the Personnel Policy manual.
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EMPLOYEE RESPONSIBILITIES RULES OF CONDUCT It is important that all employees work together for the good of the whole so that the rights and interests of the organization, employees, and program participants are assured. The importance of this matter necessitates that the Agency take disciplinary action (which may include oral or written warnings, probation, suspension or discharge) against any employee for failing, in the Agency’s judgment, to adhere to appropriate professional standards of behavior. Common sense is your best guide for proper conduct. It is impossible to spell out everything that is expected of you by the Agency and your co-workers in terms of conduct on the job. However, the following list includes some examples of actions that may lead to discipline up to and including immediate termination: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.
Neglecting or abusing a program participant Failing to report neglect or abuse of a program participant Failure or refusal to follow directions Allowing or requiring program participants to carry out duties of employees (unless such tasks are described in his or her service plan developed by the clinical team) Possessing firearms or other weapons on Agency property or while engaged in Agency business Engaging in personal financial transactions with, or accepting gifts or gratuities from, program participants Destroying, defacing, damaging or stealing Agency, staff or program participant property Stealing or misusing funds of the Agency, staff or program participants Failing to conduct business in a fiscally responsible manner Engaging in personal business during working time Falsifying Agency records/documents, including time and attendance and billing records Violating the Agency’s equal employment opportunity or sexual or other harassment policies Violating the Agency’s Confidential and Personal Information policy and/or HIPAA
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14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24.
Excessive lateness or absences or failing to comply with the Agency’s call-in procedures The use of profane, abusive or threatening language Inappropriate relationships with program participants or their family members or guests The unauthorized/unlawful use of e-mail, cell phones, use of social media, internet usage (personal and Agency owned) while on “working time.” “Working time” includes the time during which employees are scheduled to work, but does not include scheduled rest periods, meal breaks, and other specified times when employees are not expected to be working Unsatisfactory work performance Sleeping or using working time for non-work related matters Violation of the Agency’s solicitation and distribution policy Interfering with other employees’ performance of duties Failing to comply with the Agency’s safety policies and procedures and/or applicable laws and regulations Failing to maintain licenses/certifications Violation of the Agency’s Conflict of Interest policy
FEDERAL FALSE CLAIMS ACT The Arc of Westchester is required to comply with the Federal False Claims Act (31 U.S.C. 3729 et seq.) and New York State false claims laws. One of the primary purposes of false claims laws is to combat fraud and abuse in government funded programs. Examples of fraud or false claims include, but are not limited to, Arc or a similar agency misrepresenting services which were rendered. You have a responsibility as an Arc of Westchester employee to report any event of fraud, waste and/or abuse that you suspect or have witnessed. To report fraud, waste and/or abuse, please speak with your supervisor, or contact the Arc of Westchester Corporate Compliance Officer, or call the Agency HOT LINE at (914) 495-4488 to anonymously make a report. You may also bring a civil action on behalf of the United States Government to recover funds paid by the Government as a result of a false claims. Arc of Westchester will not retaliate against any employee for participating in any legally protected whistleblower activities including but not limited to reporting false claims. A copy of Arc of Westchester’s complete policy on the False Claims Act and Code of Conduct is available from the Corporate Compliance Officer. Page 22
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GRIEVANCE PROCEDURE A staff member claiming a grievance with regard to salary, hours, working conditions or any other matter, is entitled to be heard by his or her supervisor without fear of termination or reproach. The grievance may be satisfied at any point in the process. The sequence of review includes the Supervisor, Director of the Program, Department Director, Assistant Executive Director in charge of the program, Director of Human Resources, Associate Executive Director/COO, and if necessary, the Executive Director for final disposition. Any grievance specifically against the Executive Director will be presented in writing to the Board President, and appropriate action shall be taken according to Agency policy.
ATTENDANCE & PUNCTUALITY It is essential for the health and safety of program participants that all employees report to work on time, on a regular basis. If an employee is going to be late or absent for any reason, he/she must telephone his/her supervisor as soon as possible, but in no event later than the employee’s scheduled starting time. Employees are encouraged to email and/or text their supervisors if they are unable to reach them by telephone. Email or text notice should be used in addition to, and not as a substitute for, calling in. Also, please note that certain Programs (such as the Residential, Day and Pre-School Programs) have specific call-out procedures that require additional notice. These specific callout procedures are contained in the Program/Department guidelines, and employees working in these Programs are responsible for reviewing and complying with them. Repeated unexcused absences, tardiness, or if an employee calls out of work the day before or the day after a holiday or approved vacation may result in disciplinary action up to and including termination of employment.
OVERTIME There will be times when you will need to work overtime to meet the needs of program participants and/or the Agency. Although you will be given advance notice when feasible, this is not always possible. Employees should only work overtime if authorized to do so by their supervisor. Non-exempt employees will be paid at a rate of time and one-half their regular hourly rate for hours worked in excess of 40 hours in a Page 23
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workweek.Only actual hours worked count toward computing weekly overtime. Pay for sick days and other non-working time does not count as hours worked for overtime purposes. If you have any questions concerning overtime pay, check with the Payroll or Human Resources Departments.
SAFETY AND SECURITY The Agency complies with all State and Federal laws concerning safety and security. While the Agency endeavors to keep work areas safe, employees are expected to observe all safety and security procedures and to immediately report any unsafe conditions. Employees are responsible for immediately reporting accidents and injuries to a supervisor and the Human Resources Department. For more information regarding the Agency’s Safety Program, please see the Personnel Policy manual. Arc of Westchester assumes no responsibility for loss of or damage to personal property either in parking lots or agency buildings or while on agency business. Employees are urged to use precautions in safeguarding their personal possessions.
WORKPLACE VIOLENCE Violence by an employee or anyone else against an employee, supervisor, program participant, or a third party, will not be tolerated. The purpose of this policy is to minimize the potential risk of personal injuries to employees at work and to reduce the possibility of damage to Agency property. If you receive or overhear any threatening communications from an employee or outside third party, report it to the immediate supervisor and/ or the Human Resources Department or the Corporate Compliance Officer at once. All reports of work-related threats will be kept confidential to the extent possible, investigated and documented. Employees are expected to report and participate in an investigation of any suspected or actual cases of workplace violence. Violations of this policy may result in disciplinary action, up to and including termination. Page 24
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EMPLOYEE COMPUTER USAGE During working time,the Agency’s communication and computer systems are intended for business purposes only. “Working time” includes the time during which employees are actually scheduled to work, but does not include scheduled rest periods, meal breaks and other specified times when employees are not expected to be working. The Agency’s communication and computer systems include the e-mail and Internet systems. Users have no legitimate expectation of privacy in regard to their use of the systems. Furthermore, all Agency policies, including but not limited to those regarding discrimination, harassment, and violence, apply in full force to employees’ usage of the Agency’s electronic communication systems. Employees are also required to comply with all privacy, trademark, and copyright laws when using the Agency’s electronic communication systems. For the Agency’s complete policy regarding the use of its electronic communications systems, please see the Personnel Policy manual.
SOCIAL MEDIA The Agency has established rules and guidelines for Agency employees using social media, such as blogs and websites like Facebook, LinkedIn, Twitter, and YouTube. For example, employees may not engage in social media activities during working time, and all Agency policies, including but not limited to those regarding discrimination, harassment, and violence, apply in full force to employees’ usage of social media. A complete set of rules and guidelines are contained in the Personnel Policy manual.
SOLICITATION, DISTRIBUTION, POSTING, AND ACCESS TO PREMISES In order to prevent disruption in its operation, the Agency has developed policies governing the solicitation, distribution and posting of materials. Solicitation of and/or distribution to an employee by another employee is prohibited while either the person doing the soliciting or distributing or the employee being solicited or distributed to, is on his or her “working time” or in any immediate participant care area. “Working time” includes the time during which employees are actually scheduled and or expected to work, but not during approved breaks or rest periods.
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The Agency maintains bulletin boards in numerous areas. These bulletin boards are limited to official Agency materials. Employees are not permitted to post their own materials. No Trespass Rule – Solicitation, distribution, posting, or trespassing by non-employees on the Agency’s premises is prohibited.
PERSONAL PHONE CALLS, CELL PHONE USE AND TEXT MESSAGING It is important to keep our telephone lines free for business calls. Although the occasional use of the Agency’s telephones for a personal emergency may be necessary, routine personal calls should be kept to a minimum and may require approval from your immediate supervisor. Employees may not use cell phones during working time except in emergency or other urgent situations. Employees may not use cell phones while driving. Some employees may be provided with Agency cell phones, which may not be used for non-business purposes during working time.“Working time” includes the time during which employees are actually scheduled and or expected to work, but not during approved breaks or rest periods. Employees may be disciplined if their personal use of Agency cell phones causes the Agency to incur excessive charges. Employees should be aware that using cell phones for calls or texting for transmittal of information concerning program participants may violate Agency policy. For the Agency’s complete Cell Phone Policy, please see the Personnel Policy manual.
CONTACT WITH THE MEDIA Employees are not authorized to speak about the Agency’s views and positions as an agent of or on behalf of the Agency with a media representative unless specifically instructed or approved to do so by the Executive Director. Media requests for statements from the Agency must be referred to the Office of the Executive Director.
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TIME AWAY FROM WORK HOLIDAYS The Agency grants a total of 11 paid holidays per calendar year, which includes (8) posted holidays and (3) floating holidays. Posted Holidays: New Year’s Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day following Thanksgiving, and Christmas Day. Floating holidays are granted to all employees who have successfully completed the orientation period. Full-time Employees receive pay for holidays as follows:
• Employees in a 40-hour program receive 8 hours of pay per holiday.
• Employees in a 35-hour program receive 7 hours of pay per holiday.
Part-time Employees working at least 17 ½ hours per week receive pay for holidays if the holiday falls on a regularly scheduled day of work. In addition, three (3) floating holidays are granted on a prorated basis depending on the regular program hours as follows:
• Employees in a 40-hour program receive 4 hours of pay per holiday.
• Employees in a 35-hour program receive 3.5 hours of pay per holiday.
Residential employees who are scheduled to work on any of the eight (8) holidays on which Arc of Westchester is closed will be paid for the holiday (at their regular hourly rate) plus their actual hours worked. Full time employees not scheduled to work on a holiday will be paid for the holiday depending on program hours, and cannot, in addition, use their vacation, floating holiday, or personal time. Unused floating holidays may not be carried over from year to year, and will not be paid out at termination.
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VACATION POLICY An employee may, upon approval of their supervisor, take vacation time as it is accrued, after successfully completing the three-month orientation period. Full-time employees accrue vacation as follows: Exempt Personnel
4 weeks per year
Non-Exempt Personnel (Less than 1 year of completed employment) 2 weeks per year Non-Exempt Personnel (With at least 1 year of completed employment) 3 weeks per year Part-time employees accrue vacation on a prorated basis based on regular hours hired to work. Grant employees may accrue vacation after completion of the orientation period. Per diem employees do not accrue vacation. The vacation year is based on the final pay period before December 31. Accrued, unused vacation time may not exceed an employee’s annual maximum accrual amount unless approved by the Executive Director. Accrued unused vacation time will paid out at termination of employment. Employees switching from full or part time to per diem status will be compensated for any accrued unused vacation time. Employees may not otherwise “cash out” unused vacation time. For the Agency’s complete Vacation Policy, please see the Personnel Policy manual.
SICK DAYS Sick days are accrued monthly for a total of fifteen sick days per year for full-time employees. Part-time employees accrue sick days at a prorated amount based on regular hours hired to work. Sick days may be carried over from year to year. An employee may accrue a maximum of 90 sick days. Employees will not be compensated for accrued, unused sick time at termination.
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PERSONAL DAYS Full-time employees are granted five (5) days per calendar year for personal needs. Use of personal days are granted with the approval of the supervisor based upon program requirements. Unused personal days may not be carried over from year to year, and will not be paid out at termination.
JURY DUTY The Agency will pay full wages to those staff members who are required to fulfill their Jury Duty obligations.
FAMILY MEDICAL LEAVE Basic Leave Entitlement - FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees in a rolling year for the following reasons:
• • • •
For incapacity due to pregnancy, prenatal medical care or child birth; To care for the employee’s child after birth , or placement for adoption or foster care; To care for the employee’s spouse, son or daughter, or parent who has a serious health condition; or For a serious health condition that makes the employee unable to perform the employee’s job.
Military Family Leave Entitlements - Eligible employees with a spouse, son, daughter, or parent on covered active duty or call to covered active duty status in the Reserve component of the Armed Forces for deployment to a foreign country in support of a contingency operation or Regular Armed Forces for deployment to a foreign country may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, caring for the parents of the military member on covered active duty and attending post-deployment reintegration briefings.
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FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A “covered servicemember” is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is on the temporary retired list, for a serious injury or illness. These individuals are referred to in this policy as “current members of the Armed Forces.” Covered servicemembers also include a veteran who was discharged or released from military service under condition other than dishonorable at anytime during the five (5) year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation or therapy for a serious injury or illness. These individuals are referred to in this policy as “covered veterans.” The FMLA definitions of a “serious injury or illness” for current Armed Forces members and covered veterans are distinct from the FMLA definition of a “serious health condition” applicable to FMLA leave to care for a covered family member. Benefits and Protections - During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FMLA leave cannot result in the forfeiture of any employment benefit to which employee was entitled to prior to the start of an employee’s leave, but employees must use accrued time off during the leave as stated in the Leave of Absence Policy contained in the Personnel Policy manual. Eligibility Requirements - Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months.
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Definition of Serious Health Condition - A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. Use of Leave - An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. Substitution of Paid Leave for Unpaid Leave - The Agency requires the use of accrued off time while taking FMLA leave as stated in the Leave of Absence Policy contained in the Personnel Policy manual. In order to use paid leave for FMLA leave, employees must comply with the Agency’s paid leave policies. Employees Responsibilities - Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures. Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, Page 31
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or circumstances supporting the need for military family leave. Employees must also inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave. Employer’s Responsibilities - The Arc of Westchester will inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for ineligibility. The Arc of Westchester will inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee. Unlawful Acts by Employers - FMLA makes it unlawful for any employer to:
• Interfere with, restrain or deny the exercise of any right provided under FMLA; • Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. Enforcement - An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.
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LEAVES UNDER NEW YORK STATE LAW In addition to the leaves discussed above, you should be aware that the following leaves may also be available to eligible employees under state law. New York State law provides eligible employees with leave for a variety of reasons, including to vote, express breast milk at work, donate bone marrow or blood, where they are victims of certain crimes and for their own military service or the military service of a spouse. Please contact the Human Resources Department if you need leave for any of these reasons.
LEAVE AS A REASONABLE ACCOMMODATION Employees who have exhausted all leave expressly provided by federal or state law may apply for leave as a “reasonable accommodation” when health or personal matters prevent employees from working. Please contact the Human Resources Department to discuss.
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EMPLOYEE BENEFITS PROGRAMS HEALTH INSURANCE The Agency offers health insurance benefits to eligible employees. For more information regarding benefits offered, costs, and eligibility, please see the Human Resources Department.
DENTAL INSURANCE The Agency offers dental insurance benefits to eligible employees. For more information regarding benefits offered, costs, and eligibility, please see the Human Resources Department.
LIFE, ACCIDENTAL DEATH, DISMEMBERMENT, LOSS OF SIGHT INSURANCE AND LONG TERM DISABILITY The Agency offers life and disability insurance benefits to eligible employees. For more information regarding benefits offered, costs, and eligibility, please see the Human Resources Department.
TAX-SHELTERED ANNUITY AND RETIREMENT PROGRAM The Agency offers a tax-sheltered annuity and a related retirement program to eligible employees. For more information regarding benefits offered, costs, and eligibility, please see the Human Resources Department.
WORKERS’ COMPENSATION All employees are covered by NYS Workers’ Compensation Law, which provides partial wage payment and medical care for work-related injuries. Each injury, however slight it may be, should be promptly reported to the employee’s supervisor or the Human Resources Department. Failure to promptly report an injury at work may cause a delay in receiving benefits.
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IF YOU MUST LEAVE THE AGENCY EMPLOYMENT COUNSELING, DISCIPLINE & DISCHARGE On occasions when employees do not follow Arc of Westchester policies, the Agency favors progressive counseling or discipline (i.e., verbal warnings, written warnings, probation and termination) aimed at correcting problems. However, Arc of Westchester reserves the right to terminate any employee for any act of such serious nature that, in the opinion of the Executive Director, is unacceptable in the workplace.
RESIGNATION In the case of resignation, exempt staff are required to give at least four week’s notice; non-exempt staff are required to give at least two week’s notice.
REFERENCES All external requests for employment information, whether written or verbal, should be referred immediately to the Human Resources Department. The only information normally released is the individual’s employment dates, most recent job title, department and, where authorized, most recent pay rate.
NOTE: For additional information, refer to Personnel Policy manual.
The Arc of Westchester has locations and residences throughout Westchester County. For a complete list of locations, visit www.arcwestchester.org about/locations
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Rev. 2015
Date:__________________
My copy of the handbook includes a summary of The Arc of Westchester False Claims Act Policy.
Signed: _____________________________________________________
Furthermore, I acknowledge that this handbook is neither a contract nor a legal document and nothing in this handbook creates an expressed or implied contract of employment. I understand that I should consult my supervisor or a representative of the Human Resource Department if I have any questions that are not answered in this handbook.
I also understand that any changes made by the agency with respect to its policies, procedures or programs can supersede, modify or eliminate any other policies, procedures or programs outlined in this handbook. I accept responsibility for familiarizing myself with the information in this handbook and will seek verification or clarification of its terms or guidance when necessary.
I, _____________________________________________________________hereby acknowledge that I have received a copy of The Arc of Westchester’s Employee Handbook, which provides guidelines on the policies, procedures and programs affecting my employment with this organization. I understand that The Arc of Westchester can, at its sole discretion, modify, eliminate, revise or deviate from the guidelines and information in this handbook as circumstances or situations warrant.
EMPLOYEE HANDBOOK RECEIPT FORM
The Arc of Westchester The Gleeson-Israel Gateway Center 265 Saw Mill River Road • Hawthorne, NY 10532 T 914.949.9300 www.arcwestchester.org
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NOTES & IMPORTANT NUMBERS
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