Personal Assistance

PERSONAL ASSISTANCE

SERVICES (PAS)

POLICY & PROCEDURE MANUAL

This Personnel Manual applies to all CIL

Personal Assistance Services Program Personal Care Workers

Revised 8/1/00
Table of Contents

• Education

• Advocacy

• Independent living service

• Coalition building

FACT SHEET

What isthe CIL?

The CIL is an independent living center for persons with physical disabilities, hearing impairments and/or visual impairments. The CIL provides a variety of services for the purposes of assisting peoplewho are physically disabled or sensory impaired to live more independently in the community. Most services are limited to residents of ______, ______, ______and ______Counties.

What are the Agency’s Funding Sources?

The CIL receives funding from city, county, state and federal units of government, United Way and private foundations. Additional funds are raised by the agency through advertising fees, sale of publications and fund raising events. The Personal Assistance Service is currently primarily funded by Medical Assistance payments for service.

To Whom is the Agency Staff Responsible?

The CIL staff is responsible to the Executive Director. The Executive Director responsible to the Board of Directors.

What is the Board of Directors?

The CIL Board of Directors is a member body that is legally responsible for the policy making, programming, planning, evaluation, and financial management of the agency.

What is the Personal Assistance Service?

The State Medical Assistance Program, Community Options Program (COP) and Private Pay offers a benefit which allows MA certified agencies to provide personal services to consumers who choose this option. These services will include personal assistance such as bathing and dressing, as well as some light housekeeping. The goal of the program is to enable people with severe, long term disabilities to maintain an independent lifestyle in the community.

IMPORTANT NOTICE

These materials are a convenient summary of various personnel policies, practices, and procedures followed by the CIL. They are intended to be a convenient resource for prospective and active employees to promote consistency and organization in the administration of the CIL. These materials are not intended to create, nor do they create contract rights. Not withstanding any provision herein, the CIL reserves the right to make employment-related decisions on a case-by-case basis. The CIL further reserves the right to amend or delete any provision of these materials at any time, without advance notice.

DRUG FREE WORKPLACE

The following policy statement is made in compliance with the Drug Free Work Place Act of 1988. All agencies receivingfunds from the Federal Government are required to make this compliance statement.

1. It is the intention ofthe CIL to maintain a drug free work place. This policy serves notice to employees that the unlawful manufacturing, distribution, possession, purchase, sale or use of a controlled substance is prohibited while on duty or while in the work place. Criminal conviction of any of the above mentioned actions could include required participation in an approved drug rehabilitation program or termination from employment.

1. All employees are required to notify their supervisor within five days of any criminal drug conviction where the violation has occurred in the work place.

1. The agency, as required by law, will notify the Federal Contracting Agency within ten days of the receipt of the employee's conviction notice.

1. Any employee who requires information on drug awareness, available drug counseling, rehabilitation or other assistance should contact their supervisor for referral.

See Alcohol and Controlled Substance Policy in Appendix L.

EMPLOYEE DEFINITION

The following employees are covered by this Personnel Policy Manual. Personal Care Workers employed in the CIL’s Personal Assistance Services Program.

PERSONAL CARE WORKER OR PERSONAL SERVICE WORKER

Those employees who are hourly employees who provide personal care services to consumers' in their homes.

EMPLOYMENT AT WILL

All Personal Care Workers in the Personal Service Program are employed at will. This means that, subject to applicable state and federal statutes, the employment relationship is for no definite period and may, regardless of the time and manner of payment, be terminated at any time by the employer or employee, with or without cause, and previous notice.

The CIL will terminate the employment of any employee whenever, in the CIL’s judgment, such termination is required. Examples of circumstances that may result in termination include the following :

1. Unsatisfactory performance of job duties.
2. Insubordination.
3. Chronic absenteeism or tardiness or incidents of unexcused absences.
4. Providing false information to the CIL in connection with the employment application.
5. Any false statement or any act of dishonesty during the course of employment.
6. Breach of confidentiality. An example of breach of confidentiality is sharing an address or any other personal information of a consumer with any individual who is not an employee. This is grounds for termination.
7. Violation of any CIL policies.
8. Careless acts.

The preceding list is not intended to be all-inclusive. Other circumstances that may lead to immediate termination of employment are in this manual under the heading "Rules of Performance/Conduct". The CIL reserves and will exercise the right to take whatever disciplinary action may be required by the circumstances, including termination of employment, whether or not the conduct on which the action is based is listed above or described elsewhere in this manual.

EMPLOYMENT UNDERSTANDING

In connection with my employment as a Personal Care Worker by the CIL, I acknowledge an understand the following points:

• An inherent part of the CIL‘s philosophy is that persons with disabilities should have the freedom and opportunity to control their own lives, manage their own affairs, and live as they choose within the community.

• The CIL further believes that persons with disabilities who receive personal assistance services from the CIL should take an active role in the planning implementation and evaluation of those services.

• The CIL wants every personal care consumer to be satisfied and comfortable with the services he or she receives, and a personal care consumer which is not satisfied with my services as a Personal Care Worker has the right to terminate those services.

• I understand that I must contact a CIL Scheduler within five (5) days after my assignment with a consumer comes to an end or a reduction in hours occurs if I want another assignment. I further understand that my failure to contact the CIL within said five days will be interpreted as a “voluntary quit” and may affect my eligibility for unemployment and other benefits.

• If I quit working for a particular personal care consumer, or if a consumer terminates my services, the CIL does not guarantee that I will be assigned to another consumer or placed in another position.

EQUAL EMPLOYMENT OPPORTUNITY

AND AFFIRMATIVE ACTION POLICIES

The CIL hereby affirms commitment to all federal, state and local laws, regarding Equal Employment opportunity and Affirmative Action. It is the CIL’s position that equal opportunity and affirmative action are a legal, social and economic necessity.

The CIL is committed to equal opportunity for all persons regardless of disability, race, creed religion, sex, color, sexual orientation, national origin or ancestry, marital status, or other criterion specified by law.

The CIL pledges itself to apply this commitment to recruiting, hiring, compensation, fringe benefits, staff development and training, promotion, termination and all other conditions of employment.

Statement on Racism and Discrimination

The CIL works for and supports Equal Opportunity for all and seeks to promote the city as a most desirable place for all of its residents to live. In order to achieve this goal, we need to address issues, such as racism and discrimination, that limit access to education, health care, employment and housing. The CIL believes that in order to enhance the quality of life for all residents, we must work toward ending those practices, behaviors and attitudes that contribute to racism and other forms of discrimination. The CIL promotes increased opportunities for all people to participate in our community and to live together harmoniously with mutual understanding and respect.

Responsibility for Implementation

The Executive Director of the CIL is responsible for implementing, auditing and evaluating the effectiveness of the Affirmative Action Plan which includes:

Assuring equal opportunities for employment, promotion and career development for all staff on an ongoing basis.

Marketing the programs and services of the organization in a manner conforming to this plan.

Designing and implementing reporting, auditing and evaluating systems that will measure the status and effectiveness of the Affirmative Action Plan.

Communication of Policy and Plan

Internal:

This plan will be incorporated in the CIL’s personnel policies, a copy of which will be given to all employees.

This commitment and its implementation will be communicated to the workers at meetings, through the PAS newsletters, memos and training or in-services.

External:

The CIL’s commitment to equal employment opportunity and affirmative action is communicated in the followingways:

• Notification of policy in writing to employment recruiting sources. These include the media (daily newspapers) and employment agencies.

• Specific notification to resources aware of persons with disabilities seeking employment.

• Incorporation of equal opportunity and affirmative action policy statement in purchase orders and contracts.

• Incorporation of equal opportunity and affirmative action policy statement in application for employment and staff recruitment forms.

• Incorporation of equal opportunity and affirmative action statement in annual reports and brochures.

HOURS OF WORK

Each hourly personal service employee is expected to report to work on each day of his or her approved working schedule. Employees not reporting to work as scheduled must call or otherwise get a message to their designated scheduler/recruiter and the consumer as soon as they are aware of the absence. If such notice is given, the absence may be excused at the discretion of the designated supervisor, Recruiter/Scheduler and/or consumer. Unexcused absences or lack of notification of an appropriate absence may result in disciplinary actions up to and including termination. Employees will be considered to have “voluntarily quit” after three days of unreported or unexcused absence.

The foregoing policies are subject to the requirements of the Family and Medical Leave Act.

SMOKE FREE WORKPLACE

The CIL maintains a smoke free workplace. When working in a consumer’s home, it is the consumers right to determine if their home is smoke free or if smoking is allowed.

STAFFING

The CIL is a complex organization consisting of a network of interrelated programs serving the needs of persons with disabilities within the Metropolitan area. In addition, certain services may be available in a broader geographic region.

The number and type of employees in the CIL are directly related to and determined by the programs and services which are offered and the availability of funds for those programs and services.

Some positions are funded through sources outside of the CIL. Personnel practices stipulated by these funding sources will be adhered to by the CIL and outlined in job descriptions.

Prospective employees will be considered for a specific position and required to meet the specifications for that position.

The Executive Director of the CIL is employed at the discretion of the Board of Directors.

The Executive Director and designated personnel are responsible for hiring and terminating staff. The same persons have responsibility for personnel administration.

Written applications for employment shall be submitted to the CIL. Selected applicants will receive personal interviews for final selection prior to employment offers.

New employees will receive an orientation to the agency and the program for which they are hired. The Supervisor of that program will be responsible for guaranteeing that an orientation is provided.

WAGES AND SALARY

Payroll is issued on a Bi-weekly basis. All increases will be dependent upon funding source restrictions and are not mandatory.

BENEFITS

Personal Care Workers are only eligible for benefits that are stated in this Policy Manual.

Tax-Deferred Annuity: Designed toenable our employees to accumulate savings for retirement while benefiting from favorable tax treatment on their current salary. It is a voluntary retirement savings program that offers the advantage of making contributions from your pre-tax salary; your defer payment of federal income taxes on the amount you contribute until they are withdrawn or paid as benefits, in addition to having interest and investment earnings accumulate on a tax-deferred basis until withdrawn or paid as benefits.

Educational Reimbursement: Designed to encourage employees to increase their knowledge and professional effectiveness through completing job or agency related courses at approved educational institutions. Full or part-time employees are eligible to participate after completion of one year of service. Reimbursement to a maximum of $1,000 per semester for tuition and required fees. Books and supplies may be reimbursed at a rate of 50% not to exceed $75.00 per semester. Contact the Human Resources Administration for details.

Life Insurance and Accidental Death and Dismemberment

Employees who have been an active employee of the agency for at least six months and who average eight or more hours per week are eligible for these benefits at no cost to the employee. Employees will be notified by the agency when eligible and must complete the required paperwork.

Bereavement

Employees may have up to three consecutive unpaid days and no more than these total days of absence in case of a death in the family. Absences exceeding 3 days should be approved by their direct supervisor.

Family is defined as husband, wife, parent, child, brother, sister, grandparent, grandchild, mother-in-law and father-in-law or significant others at the discretion of the Executive Director.

Employee Assistance Program

To make it easier to seek out professional advice and counseling, the services of our EAP are provided free of charge, kept strictly confidential, and made easily accessible to all our employees and their families.

Family and Medical Leave Act Compliance

The CIL will comply with the requirements of the State Family and Medical Leave Act as it pertains to employers of 50 or more persons. The specifications of the State Family and Medical Leave Act are detailed in Appendix A. In addition, a summary of the State Family and Medical Leave Act will be postedthroughout the agency as required by the Act.

Holidays

The CIL will observe the holidays listed below. Employees who work on these holidays will be paid at the holiday rate of pay.

January-New Year’s Day, Martin Luther King’s Birthday

February-President’s Day

May-Memorial Day

July -4th of July

September-Labor Day

November-Thanksgiving Day

December-Christmas Day

Jury Duty

Jury duty is a civic responsibility that the CIL encourages employees to meet.

The employee must submit a copy of his/her summons to serve on a jury within seventy-two working hours of receipt of the summons. Also, after the employee has completed jury duty he/she must submit evidence of having served on a jury for the time claimed.

Leave of Absence

A leave of absence is an approved absence during which an employee receives no earnings.

At the Executive Director's discretion, with agreement of the Program Director, an employee

may be entitled to a leave of absence, without pay, for a period not to exceed three months.

Employees may also be allowed unpaid leaves for education or training, or other reasons as agreed between the employee and the employer. The Executive Director may approve or deny such requests. If denied, the Executive Director will state the reason for the denial. An employee who disagrees with the stated reason(s) may use the grievance procedure (Appendix B).

Leaves of absence must be requested in writing before the start of the leave. If an extension of leave time becomes necessary, the employee may request an extension of the leave, but such extension will be permitted only if the CIL’s total operating requirements permit.