2023 EDITION HOME HEALTH AIDE (HHA) HANDBOOK
©2023. TRUE CARE. This document remains the property of True Care and is not to be reproduced or transmitted for any business/commercial venture without the written express permission of the President.
TABLE OF CONTENTS I. INTRODUCTION 5 IV. EMPLOYEE TRAINING REQUIREMENT 40 A. Preface.............................................. 5 B. Code of Conduct.............................. 6 A. Home Health Aide......................... 41 II. EQUAL OPPORTUNITY 8 V. PAYROLL 42 A. Statement of Purpose..................... 9 A. Wage Parity/Paid Time Off Policy.43 B. Harassment or Discrimination..... 10 B. Payday............................................. 46 C. Immigration Reform VI. EMPLOYEE LEAVES OF ABSENCE 48 and Control Act.............................. 18 D. True Care Complaints and A. Military Leave................................. 49 B. Time Off to Vote............................. 49 Grievances...................................... 18 C. Leave for Bone III. HIPAA & CONFIDENTIALITY 20 Marrow Donation.......................... 49 D. Leave for Blood Donation............. 49 A. Employee Statement E. Family and Medical Leave of Confidentiality ................................21 of Absence & New York B. HIV Confidentiality......................... 22 Paid Family Leave.......................... 50 C. Health Insurance Portability and V. EMPLOYEE BENEFITS 66 Accountability Act (HIPAA)............ 22 D. Telephone Policy............................ 23 VI. EMPLOYMENT GUIDELINES 24 A. Jury Duty Leave.............................. 67 B. Health Insurance........................... 67 A. Employment Outline..................... 25 C. Worker’s Compensation............... 67 B. Scope of Work................................ 26 D. Short-Term Disability Insurance.. 68 C. Contacting True Care.................... 28 D. Fraud, Waste and Abuse............... 30 VI. SAFETY 70 E. Personal Vehicles Restrictions..... 31 F. Finances.......................................... 31 A. Client Safety – General.................. 71 G. Payment.......................................... 31 B. Client Safety – Pediatrics............... 78 H. Acceptance of Gifts........................ 31 C. Employee Safety ........................... 79 I. Key Policy........................................ 31 D. General........................................... 86 J. Escort Policy................................... 31 K. Smoking Policy............................... 32 L. Drug and Alcohol Policy................ 32 M. Substitute Service.......................... 32 N. Relief Policy.................................... 33 O. Telephone Policy............................ 33 P. Visit Compliance and EVV............. 33
About Our Company True Care is a licensed home care agency providing personalized care to families throughout New York City and Westchester County since 2009. We offer private pay options that allow our Clients to customize their care to suit their present and emerging health needs. It is our mission to raise the standard of home care services by offering the highest level of care and maintaining excellence in staff, procedures, and responsiveness. We deliver seamless continuity of care by working directly with New York MLTC, CHHA, and hospice companies. Our in- home programs include home health aide assistance, specialized memory care, home infusion therapy, infusion pharmacies, care management, appointment and procedure escort, private duty nursing, hospice, palliative care, and consumer- directed assistance (CDPAP). 4 HHA HANDBOOK |
I. INTRODUCTION A. Preface Further, any employment agreement entered into by the Human Resources The purpose of this Manual is to Department shall not be enforceable ensure that True Care personnel unless it is in a formal written agreement policies, procedures, programs, and and signed by a representative of benefits are properly documented the Human Resources Department. and communicated to all employees. Additionally, no supervisor, manager, or other representative of True Care has the The policies in this manual are guidelines authority to make any verbal promises, only, with the exception of our policy on at- commitments, or statements of any kind will employment, as described below, and regarding True Care’s policies, procedures, are subject to change at the sole discretion or any other legally binding terms. of True Care. Nothing in this manual is intended to This manual, and the language used in interfere with the rights of any employee to this manual, is not a contract, express or engage in protected concerted activity, either implied, guaranteeing employment for any with co-workers or others, or any other rights specific duration. Although we hope that provided by the National Labor Relations your employment relationship with us will Act, to the extent that conduct is protected be long term, either you, or True Care may under the National Labor Relations Act, this terminate this relationship at any time, for manual does not prohibit it. any reason, with or without cause or notice. These written policies should increase No supervisor, manager, or representative understanding, eliminate the need for of True Care, other than the Human individual decisions on matters of company- Resources Department, has the authority wide policy and help to ensure uniformity. to enter into any agreement with you Any exceptions to any of the policies for employment for any specified period contained in this manual are to be approved of time or to make any promises or in writing by the Human Resources commitments contrary to the foregoing. Department. With respect to insurance and other benefits, the terms of the insurance policy or benefit plan supersede any statements contained in this manual. | HHA HANDBOOK 5
B. Code of Conduct • Providing more than the authorized hours of services or negotiating the hours Every organization must have some rules of work directly with the patient and/or and regulations in order to function the family efficiently. We believe that our code of conduct can be best defined by describing • Violation of Client confidentiality activities for which employees may be immediately disciplined, including • Working for the Client privately discharged. The list below, which is not exhaustive and may include additional acts • Stealing or willfully damaging any of misconduct other than those identified, property of True Care, its employees, is intended to make employees aware that customers, or visitors we cannot tolerate: • Excessive absenteeism or tardiness • Refusal to service a Client for reasons of race, color, sexual orientation, • Taking excessive breaks (note, live-in citizenship status, national origin, sex, shifts have specific break time rules that religion, age, marital status, gender identity must be followed at all times) physical disability, illness, or military status, or any discriminatory reason • Leaving the premises during working hours without appropriate patient relief; • Endangering the life of a Client • Failure to fulfill assigned duties and • Neglecting a Client document the same • Abusing a Client physically or verbally • Gambling on True Care’s or Client’s property • Administering Client medication or doing • Fighting or assaulting any individual on anything else that is beyond the scope of True Care’s or Client’s property, including permissible duties any family member or visitor of the Client • Proven or repeated allegation of theft. • Threatening, intimidating, coercing, or otherwise interfering with the job • Not returning from an approved leave performance of fellow employees or visitors. of absence • Verbally abusing True Care’s Clients • Abandoning the Client by leaving and visitors before the end of your shift or arrival of replacement • Unauthorized disclosure of the Company’s business information or Client • Refusal to utilize EVV or follow other confidential information. For avoidance requirements of Medicaid of doubt, any information concerning the Client, such as their name, hours of • Submission of false documentation services, address, plan of care, payor information, and the like are all protected • Use of alcohol, drugs or any mind-altering private Client information substance during work time, or coming to work under the influence from • Use or possession of unlawful drugs or any substance alcoholic beverages on the premises • Accepting gifts or money from the Client • Possession of firearms or any other weapons on True Care’s or Client’s premises at any time 6 HHA HANDBOOK |
• Falsification of any employment True Care employees who violate the Code document, including timesheets, job of Conduct may be disciplined, up to and application, documentation submitted including termination. Where warranted, with job application (e.g., references or relevant law enforcement authorities may identifications for I-9) also be notified of employee misconduct and an employee may be referred for • Misrepresenting facts when applying for criminal investigation. a leave of absence or for other time off from work If any employee has a reason to believe the Code of Conduct has been violated, • Disregarding safety rules or common he/she must promptly report the matter safety practices to the Director of Human Resources Administrator, at 718-854-8783, or in • Any form of discrimination or harassment writing addressed to True Care, 117 which violates a federal, state or city Church Ave, Brooklyn, NY 11218. statutes, including, but not limited to, All reports will remain confidential to discrimination or harassment based upon the extent possible under the specific race, color, religion, sex, national origin, circumstances, but disclosure may be age or disability necessary in some cases. True Care employees are encouraged to speak to • Soliciting or accepting gratuities from their immediate supervisor if they have True Care’s Clients, or business associates any questions or concerns about the Code of Conduct. All True Care employees are • Carelessness or “fooling around” during an expected to follow the Code of Conduct employee’s working time that results in loss throughout their employment with the of productivity or may result in distracting company. All employees will attend a semi- the employee from work or Client duties annual in-service training to update and/or review the Code of Conduct, among other • Abuse of any devices or equipment workplace rules and policies issued by the Company to the employee Nothing in this manual is intended to • Inefficiency, inability, and/or negligence interfere with the rights of any employee in the performance of assigned duties to engage in protected concerted activity, either with co-workers or others, or any • Failure to meet True Care’s expected level other rights provided by the National Labor of performance requirements, pass the Relations Act. competency assessment, or demonstrate understanding of plan of care • Engaging in romantic relations with a co-worker on the job • Engaging in any illegal conduct during work time Each employee is expected to know, understand and at all times abide by True Care’s code of conduct and to cooperate fully in any investigation that True Care may undertake to enforce the code of conduct and other company rules. | HHA HANDBOOK 7
II. EQUAL OPPORTUNITY 8 HHA HANDBOOK |
A. S tatement of Purpose We believe all employees are entitled to Equal Employment Opportunity. We do not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, sexual orientation, age, marital status, ancestry, national origin, mental or physical handicap, disability, veteran’s status, genetic predisposition, carrier status, or any other legally protected characteristic provided they are qualified and able to perform the essential functions or duties of a job, with or without a reasonable accommodation. We try to employ the best people for each position. All personnel decisions are based on merit. You should report any concerns or questions about this policy or potential violations thereof to the Human Resources department. It is the intent and desire of True Care that Equal Employment Opportunity be provided in employment, promotions, wages, and all other privileges, terms and conditions of employment to all employees. | HHA HANDBOOK 9
B. Harassment or disciplined, discriminated against, Discrimination or otherwise subject to adverse employment action because the 1. Overview employee reports an incident True Care is committed to maintaining a of sexual harassment, provides workplace free from sexual harassment. information or otherwise assists Sexual harassment is a form of in any investigation of a sexual workplace discrimination. True Care has harassment complaint. True Care a zero-tolerance policy for any form of has a zero-tolerance policy for such sexual harassment, and all employees retaliation against anyone who, in are required to work in a manner that good faith complains or provides prevents sexual harassment in the information about suspected workplace. This Policy is one component sexual harassment. Any employee of True Care’s commitment to a of True Care who retaliates against discrimination-free work environment. anyone involved in a sexual Sexual harassment is against the law. harassment investigation will be All employees have a legal right to a subjected to disciplinary action, up workplace free from sexual harassment, to and including termination. Any and employees can enforce this right employee, paid or unpaid intern, by filing a complaint internally with True or non-employee working in the Care, or with a government agency or in workplace who believes they have court under federal, state or local anti- been subject to such retaliation discrimination laws. should inform a supervisor, manager. Any employee, paid or 2. Policy unpaid intern or non-employee who 1. True Care’s Policy applies to believes they have been a victim all employees, applicants for of such retaliation may also seek employment, interns, whether paid compensation in other available or unpaid, contractors and persons forums, as explained below in the conducting business with True Care. section on Legal Protections. 2. Sexual harassment will not be 4. Sexual harassment is offensive, tolerated. Any employee or is a violation of our policies, is individual covered by this policy unlawful, and subjects True Care who engages in sexual harassment to liability for harm to victims of or retaliation will be subject to sexual harassment. Harassers remedial and/or disciplinary action, may also be individually subject to up to and including termination. liability. Employees of every level who engage in sexual harassment, 3. Retaliation Prohibition: No person including managers and supervisors covered by this Policy shall be who engage in sexual harassment subject to adverse employment or who knowingly allow such action including being discharged, behavior to continue, will be penalized for such misconduct. 10 HHA HANDBOOK | 5. True Care will conduct a prompt,
thorough and confidential conduct which is either of a sexual investigation that ensures due nature, or which is directed at an process for all parties, whenever individual because of that individual’s management receives a complaint sex when: about sexual harassment, or otherwise knows of possible sexual • Such conduct has the purpose harassment occurring. Effective or effect of unreasonably corrective action will be taken interfering with an individual’s whenever sexual harassment work performance or creating an is found to have occurred. All intimidating, hostile or offensive employees, including managers work environment, even if the and supervisors, are required complaining individual is not the to cooperate with any internal intended target of the sexual investigation of sexual harassment. harassment; 6. A ll employees are encouraged to • Such conduct is made either report any harassment or behaviors explicitly or implicitly a term or that violate this policy. True Care will condition of employment; or provide all employees a complaint form for employees to report • Submission to or rejection of such harassment and file complaints. conduct is used as the basis for employment decisions affecting 7. M anagers and supervisors are an individual’s employment. required to report any complaint that they receive, or any harassment A sexually harassing hostile work that they observe to the Director environment consists of words, signs, of Compliance. jokes, pranks, intimidation or physical violence which are of a sexual nature, 8. This policy applies to all employees, or which are directed at an individual paid or unpaid interns, and non- because of that individual’s sex. Sexual employees and all must follow harassment also consists of any and uphold this policy. This policy unwanted verbal or physical advances, must be posted prominently in all sexually explicit derogatory statements work locations and be provided to or sexually discriminatory remarks employees upon hiring. made by someone which are offensive or objectionable to the recipient, which 3. What is “Sexual Harassment”? cause the recipient discomfort or humiliation, which interfere with the Sexual harassment is a form of sex recipient’s job performance. discrimination and is unlawful under federal, state, and (where applicable) Sexual harassment also occurs local law. Sexual harassment includes when a person in authority tries to harassment on the basis of sex, sexual trade job benefits for sexual favors. orientation, gender identity and the This can include hiring, promotion, status of being transgender. continued employment or any other terms, conditions or privileges of Sexual harassment includes unwelcome employment. This is also called “quid pro quo” harassment. | HHA HANDBOOK 11
Any employee who feels harassed promotional material, reading should complain so that any violation materials or other materials of this policy can be corrected promptly. that are sexually demeaning or Any harassing conduct, even a single pornographic. This includes such incident, can be addressed under sexual displays on workplace this policy. computers or cell phones and sharing such displays while in 4. Examples of sexual harassment the workplace. The following describes some of the • Hostile actions taken against an types of acts that may be unlawful individual because of that individual’s sexual harassment and that are strictly sex, sexual orientation, gender prohibited: identity and the status of being transgender, such as: • Physical assaults of a sexual nature, such as: ° Interfering with, destroying or damaging a person’s workstation, ° Touching, pinching, patting, tools or equipment, or otherwise grabbing, brushing against interfering with the individual’s another employee’s body or ability to perform the job; poking another employees’ body; ° Sabotaging an individual’s work; ° Rape, sexual battery, molestation or attempts to commit these ° Bullying, yelling, name-calling. assaults. 5. Who can be a target of • Unwanted sexual advances or sexual harassment? propositions, such as: Sexual harassment can occur between ° Requests for sexual favors any individuals, regardless of their accompanied by implied or overt sex or gender. New York Law protects threats concerning the victim’s employees, paid or unpaid interns, and job performance evaluation, a non-employees, including independent promotion or other job benefits contractors, and those employed by or detriments; companies contracting to provide services in the workplace. A perpetrator ° Subtle or obvious pressure for of sexual harassment can be a superior, unwelcome sexual activities. a subordinate, a coworker or anyone in the workplace including an independent • Sexually oriented gestures, noises, contractor, contract worker, vendor, remarks, jokes or comments about client, customer or visitor. a person’s sexuality or sexual experience, which create a hostile 6. Where can sexual work environment. harassment occur? • Sexual or discriminatory displays Unlawful sexual harassment is not or publications anywhere in the limited to the physical workplace itself. It workplace, such as: can occur while employees are traveling ° Displaying pictures, posters, calendars, graffiti, objects, 12 HHA HANDBOOK |
for business or at employer sponsored everyone’s responsibility. True Care events or parties. Calls, texts, emails, cannot prevent or remedy sexual and social media usage by employees harassment unless it knows about it. can constitute unlawful workplace Any employee, paid or unpaid intern or harassment, even if they occur away nonemployee who has been subjected from the workplace premises or not to behavior that may constitute sexual during work hours. harassment is encouraged to report such behavior to a supervisor or 7. What is “Retaliation”? manager. Anyone who witnesses or becomes aware of potential instances of Unlawful retaliation can be any action sexual harassment should report such that would keep a worker from coming behavior to a supervisor or manager. forward to make or support a sexual harassment claim. Adverse action Reports of sexual harassment may be need not be job-related or occur in made verbally or in writing. A form for the workplace to constitute unlawful submission of a written complaint can retaliation. be accessed on the intranet, and all employees are encouraged to use this Such retaliation is unlawful under federal, complaint form. Employees who are state, and (where applicable) local law. reporting sexual harassment on behalf The New York State Human Rights Law of other employees should use the protects any individual who has engaged complaint form and note that it is on in “protected activity.” Protected activity another employee’s behalf. occurs when a person has: Employees, paid or unpaid interns or • filed a complaint of sexual non-employees who believe they have harassment, either internally or with been a victim of sexual harassment may any anti-discrimination agency; also seek assistance in other available forums, as explained below in the • testified or assisted in a proceeding section on Legal Protections. involving sexual harassment under the Human Rights Law or other 9. Supervisory Responsibilities anti-discrimination law; All supervisors and managers who • opposed sexual harassment by receive a complaint or information about making a verbal or informal complaint suspected sexual harassment, observe to management, or by simply what may be sexually harassing behavior informing a supervisor or manager of or for any reason suspect that sexual harassment; harassment is occurring, are required to report such suspected sexual • complained that another employee harassment to Director of Compliance. has been sexually harassed; or In addition to being subject to discipline • encouraged a fellow employee to if they engaged in sexually harassing report harassment. conduct themselves, supervisors and managers will be subject to discipline 8. Reporting Sexual Harassment for failing to report suspected sexual Preventing sexual harassment is | HHA HANDBOOK 13
harassment or otherwise knowingly • If documents, emails or phone allowing sexual harassment to continue. records are relevant to the allegations, take steps to obtain and Supervisors and managers will also be preserve them. subject to discipline for engaging in any retaliation. • Request and review all relevant documents, including all electronic 10. Complaint and Investigation of communications. Sexual Harassment • Interview all parties involved, including All complaints or information about any relevant witnesses; suspected sexual harassment will be investigated, whether that information • Create a written documentation of the was reported in verbal or written form. investigation (such as a letter, memo Investigations will be conducted in a or email), which contains the following: timely manner, and will be confidential to the extent possible. ° A list of all documents reviewed, along with a detailed summary of An investigation of any complaint, relevant documents; information or knowledge of suspected sexual harassment will be prompt and ° A list of names of those thorough, and should be completed interviewed, along with a detailed within 30 days. The investigation will summary of their statements; be confidential to the extent possible. All persons involved, including ° A timeline of events; complainants, witnesses and alleged ° A summary of prior relevant perpetrators will be accorded due process to protect their rights to a fair incidents, reported or and impartial investigation. unreported; and Any employee may be required to ° The final resolution of the cooperate as needed in an investigation complaint, together with any of suspected sexual harassment. corrective actions action(s). Employees who participate in any investigation will not be retaliated against. • Keep the written documentation and associated documents in the Investigations will be done in employer’s records. accordance with the following steps: • Promptly notify the individual who • Upon receipt of complaint, [person complained and the individual(s) who or office designated] will conduct an responded of the final determination immediate review of the allegations, and implement any corrective actions and take any interim actions, as identified in the written document. appropriate. If complaint is oral, encourage the individual to complete • Inform the individual who complained the “Complaint Form” in writing. If he of their right to file a complaint or or she refuses, prepare a Complaint charge externally as outlined below. Form based on the oral reporting. 11. Legal Protection and External Remedies Sexual harassment is not only 14 HHA HANDBOOK |
prohibited by True Care but is also discrimination. An individual may not prohibited by state, federal, and, where file with DHR if they have already filed a applicable, local law. HRL complaint in state court. Aside from the internal process at True Complaining internally to True Care Care, employees may also choose to does not extend your time to file with pursue legal remedies with the following DHR or in court. The one year or three governmental entities at any time. years is counted from date of the most recent incident of harassment. New York State Division of Human Rights (DHR) You do not need an attorney to file a complaint with DHR, and there is no The Human Rights Law (HRL), codified cost to file with DHR. as N.Y. Executive Law, art. 15, § 290 et seq., applies to employers in New York DHR will investigate your complaint and State with regard to sexual harassment, determine whether there is probable and protects employees, paid or unpaid cause to believe that discrimination interns and non-employees regardless has occurred. Probable cause cases of immigration status. A complaint are forwarded to a public hearing alleging violation of the Human Rights before an administrative law judge. If Law may be filed either with DHR or in discrimination is found after a hearing, New York State Supreme Court. DHR has the power to award relief, which varies but may include requiring Complaints with DHR may be filed any your employer to take action to stop time within one year of the harassment. the harassment, or redress the damage If an individual did not file at DHR, they caused, including paying monetary can sue directly in state court under the damages, attorney’s fees and civil fines. HRL, within three years of the alleged | HHA HANDBOOK 15
DHR’s main office contact information investigate the complaint, and determine is: NYS Division of Human Rights, whether there is reasonable cause to One Fordham Plaza, Fourth Floor, believe that discrimination has occurred, Bronx, New York 10458, at which point the EEOC will issue a Right 718-741-8400 [appropriate other to Sue letter permitting the individual to contact info], www.dhr.ny.gov file a complaint in federal court. Contact DHR at 1-888-392-3644 or The EEOC does not hold hearings or visit dhr.ny.gov/complaint for more award relief, but may take other action information about filing a complaint. including pursuing cases in federal The website has a complaint form that court on behalf of complaining parties. can be downloaded, filled out, notarized Federal courts may award remedies if and mailed to DHR. The website also discrimination is found to have occurred. contains contact information for DHR’s regional offices across New York State. If an employee believes that he/she has been discriminated against at work, he/ United States Equal Employment she can file a “Charge of Discrimination.” Opportunity Commission (EEOC) The EEOC has district, area, and field The EEOC enforces federal anti- offices where complaints can be filed. discrimination laws, including Title VII Contact the EEOC by calling of the 1964 federal Civil Rights Act 1-800-669-4000 (1-800-669-6820 (TTY)), (codified as 42 U.S.C. § 2000e et seq.). visiting their website at www.eeoc.gov An individual can file a complaint with or via email at [email protected] the EEOC anytime within 300 days from the harassment. There is no cost to file a If an individual filed an administrative complaint with the EEOC. The EEOC will complaint with DHR, DHR will file the 16 HHA HANDBOOK |
complaint with the EEOC to preserve • Being regarded as having such an the right to proceed in federal court. impairment Local Protections In accordance with our policy, we: Many localities enforce laws protecting • Will ensure that qualified individuals individuals from sexual harassment and with disabilities are treated in a discrimination. An individual should nondiscriminatory manner at all times contact the county, city or town in which and in all stages of the employment they live to find out if such a law exists. and application relationship. For example, employees who work in New York City may file complaints of • Will keep all medical-related sexual harassment with the New York information confidential in City Commission on Human Rights. accordance with the requirements of Contact their main office at Law the ADA and retain such information Enforcement Bureau of the NYC in separate confidential files. Commission on Human Rights, 40 Rector Street, 10th Floor, New York, • Will provide applicants and employees New York; call 311 or 212-306-7450; with disabilities with reasonable or visit www.nyc.gov/html/cchr/html/ accommodations that do not cause home/home.shtml an undue hardship to the Company Contact the Local Police Department • Engage in the interactive process to determine a reasonable If the harassment involves physical accommodation that does not cause touching, coerced physical confinement an undue hardship. or coerced sex acts, the conduct may constitute a crime. Contact the local 13. Procedure for Requesting police department. Accommodations from the Company 12. Employees with Disabilities Act An employee with a disability or True Care complies with the impairment who needs a work Americans with Disabilities Act (ADA) accommodation may request it from of 1990 and applicable state and local our Employee Relations Manager. laws prohibiting discrimination in Employees who are expecting/ employment against qualified individuals pregnant may follow the same process with disabilities. True Care also provides discussed herein to request an reasonable accommodation for such accommodation for any pregnancy- individuals in accordance with these related impairments. The Company laws. The term “disability” means, with will likewise follow the same process. respect to an employee: Lastly, this policy will apply to all employees who seek a workplace • A physical or mental impairment that accommodation on the basis of their substantially limits one or more of the religious belief or observances. major life activities of such individual; On receipt of an accommodation request, • A record of such an impairment; or the Employee Relations Manager will meet with the individual to discuss | HHA HANDBOOK 17
and identify the precise limitations or the Company will enforce the United needs resulting from the disability or States’ immigration laws. impairment, pregnancy, or religious observance, and the potential workplace D. T rue Care Complaints accommodation that True Care may be and Grievances able to provide. The same interactive process will be undertaken in conjunction 1. Employee Complaints with requests for a religiously-based accommodation request. In addition to the complaint processes that have been outlined in specific The Employee Relations Manager, sections of this handbook, this policy in conjunction with the appropriate establishes the Company’s open door management representatives identified policy whereby employees can contact as having a need to know (e.g., the their Director of Coordination or individual’s supervisor/department Human Resources Director at any time head), will determine the feasibility of to file a written complaint regarding any the requested accommodation and term or condition of their employment other possible forms of accommodation, or work environment. The Company considering various factors . The cannot solve an issue if it does not know requested accommodation may be about it, so please be sure to submit denied if it creates an undue hardship your complaint with specificity if you for us. truly want our assistance. The Company will contact you as soon as possible The Employee Relations Manager will to discuss your complaint and the inform the employee of the decision in appropriate next steps. All complaints writing. If the accommodation request will be handled confidentially, to the is denied, the employee will be advised extent possible under the specific of his/her right to appeal the decision circumstances of the complaint. You are to the Director of Human Resources by expected to speak with us if necessary submitting a written statement to the to provide more details about the Director of Human Resources along concern/complaint you initiated. The with the reasons for the appeal. Company may or may not substantiate your complaint; that will depend on C. Immigration Reform the facts of the case. Similarly, the and Control Act Company may or may not notify you of the outcome to the case; that will also True Care complies with the Immigration depend on the circumstances of the Reform and Control Act of 1986. In order case. No retaliation is permitted against to comply with this law, we must verify any employee making a complaint your identity and confirm that you are pursuant to Company policy for reasons authorized to work in the United States. protected under, and in accordance No employment decision will be made in with, the New York Labor Law. any discriminatory fashion on the basis of an employee or applicant’s nationality or citizenship status. However, at all times, 18 HHA HANDBOOK |
STOP SEXUAL HARASSMENT ACT NOTICE All employers are required to provide written notice of employees’ rights under the Human Rights SSTTOOPPSSEEXXUUAALLHHAARRAASSSSMMEENNTTAACCTTNNOOTTICICEELaw both in the form of a displayed poster and as an information sheet distributed to individual employees at the time of hire. This document satisfies the poster requirement. TAinhlltAieenhlmeltNehpfmeolYorpfmyoCleorrmyosHef aroasurfeadmariesdpqarileusanpqiyrelueadiRdyreetipdodgotphpsortooetpsvrsrtiodeavLrenidaadwenrwadiwtstreaiatnstnenanionntfioiconretfmiocoraefmteoioamfnteaipomcsnlothpiyoesleoehnetyeaseedg’etisrasditgi’rnisrhibsitgttrushibtyuteousndutduetnedbodretiteconhradeitunihvHsdeideuivHumyidauoalumuneaamlRonepipgmRplhoiopgtysslheoeLteysasoewLeraasstbwpaothetbtheaothkthe aVpbadwSScTiotSatetesaawiSawdiTabTnnnorhothlnceemnnnmineeihieeoheialihidososewlthcmrmtxddtettSSasabTwSieidTawahenhltiichicnnviolfihoghminenoxhcotvuea-imnnna-huieaaerhverlihiideosNtmeewdedtrNhldcimithumertiicmatdduvheilvfxdlineimmhicviooitcnNeuxeoicoosmYiveii-iliYausvwsiuusivogvvervliamoanttaerndl.dirNhcifnuCihicmciuvcaniitifCdiiaYn,enrmsonnoormadlccscNauvileEoesheiiarralYlogsalhusaioviabdlHlatanitsilrpCuniul.icbtfriialmroouc,xmn,HitindHCtiaraYnHkrynaatmad,malrceaavliaeduahtErdalfgaiorlphadaaraabswdtiulionsilipnCausi.lHassinemoinmousee,gu,HansnHn,taxrtelstmaasdaenreemsTaiheqmaitiddarsnlrabo,rttpaadouromasrtiuaaarlisnradc,s.hHaterneuioantaseeeig.nnteceniitnvsnmamgineaeia.msTinotqoqimaittepindisrsTseash,tirosdoeuo.sosrnhsasls,cshhnVtensusouatahseeinRpxltnniinussTenismiieddR.miinaoloiientepnnisn$eiestunusiiorsea.sordrshhnut.dogaklmd,nVenissllatse2ahnpabexgclsdltamfTeeansh,dewChictRaaaptiarneswe5lluuloehawoprdmhewutuduuooittltmoeeimacedotchCsahnfab0Rogtlshssfmeanep,micdasoueopvrasmercrtlasawienlrl,hoacesfmisewaruouit0LiicerslsemetcgerchiCeonRocitoostoccmsgLmnhmgtmpamnaroi0SosvraervdeaannSlnoorrcnmoaceisaeasfefwitiui0nhlsmmsgieirettUeooisomgcitono’cammesw$sgLtsttesarnohsaonde,eeonhsSlr,otmlcUnimnx’sci2isaaanssf,aetfnmaenxsrhaomstaiixsatUrgeomoii’ae5w$nsntvteeautossonamgneodnbtgunouhesnsrtmnnotmes02itdaianbm,netemxnnsdnsedhnvooLaeuensargeadioera,r5natldosnmtfeeo0eadnbtncedloeubeioseaidtbc0rtldioooitrhnieurlnd0itnsnvhioohLedunfenetaeodanoea,boaiaHcowwtcefnshntfeo0eaencdraoeoslahtniditbsaa.naflrrhtpeedeuturl0niaitidrhtrtohfertbenohahetablsgaiinow,cehars-hnasetuasno0,n.hrrdttebnetarsheeape.afleuraesdrtlnaibrddothsahsepogsshepnlagtiencrrsahccrrowetsn,souhlpeorledeonoerhdsieiaLmmheslcoeartevfconrsiesocrooadepmgsketronnteoymccaaiwgattohpeehsprtloelsredordrsLmerstlcugcosrkLo-oedniechawtsoonomsmnaikocesaaonbesempactttdpseiy.natsritegeteresrtssrtncaugnarulks-ssdhawtooigaamaesesceewadlnbisesernpeisniynrecbceissteesstrtnneeaiuslanstosgsetogaaaltqsedoedrissysrnleitfn,,,recbllceuteeeisatogsetalqidoerrsysltf,,,lleum2RoRhCrIoiapaaTofmdiinlfrrelgnaprhueero1edoIraTRHtchboefateocesaeogfrrhraem2CIrRhoRmiaodapifToestpmtgahm2gnmruraeeplnomnfnyraoeuautoeylpeieingaatprhuero1noaeeaerenro-hmcoutiosesaehannooamrgmoupafNaprta.estapm4mltgrciom2sprpseorumnna,ygaarllnuturosemudtspNbeilnicaolisttoYaet1emoruants-ouoatviosegrfanrshoesimriafNalsoew.lm4etlnrcYtomshenCnis6aysertuaaveftai,ygtrldrdiotameesbsnhcaaitraCoYmt1esmifuntseaatwn-roitrasateiliniyrurRsnlaeihwStniasn0ttniysaennC6ltvnryeiavwftHai,tneidnotfaeoHtelfvshnhrisaold’ewaessi1fusesetgnsne-toiditilnncyueiountdsaarihpiSnntnuwsi0fSxoiyaunltshlyns9weHatuvbseioxawcotmottlrvhtrisfeospdetuimsfet1dscgkiethtroogi7oetoiietsfcrueoioodendn,uprinninsifiexexoicwhaastin9touhovorsblsotcxnamsraxpuiothiofexgsnlufmurirunfelsaaegkiLoooog7noetieunetcomfuidndaasp,urrtorradhmeixricwaafaurnoaohnrrrsrlo.tclrrooslnlauuoiooaalmlnRumirvsusaneimilaweRcodo”omentrrienimsslanushrctoarsHnraddheiamrvTasmeifhrnsianrot.slgthdnltgbei”gaaelamcanRasniipovtshaaousipnsad”letsraariihnsaaihdhieshbttHtndherietgTuekaerrsminsrohdcasaoosaigtnryaHabrctaoamcaeaenciottadahNHostpsrisatodaesasrrbssiiohattaahsseigttrtitcnlrcietyguectNersyrmoocosuYlnsourieaegtuainhsuyearcLsoeasarLrtmstaidaN.HstsrsibrYsnbrbiosinmmcCoerapeaoeseiraoahaimssugnaoociyrrmtNynsmstuYntautlserCfegtuachirrxsuaewsoawgeLs.nt,ldsfisneaaaaweb,eYsbepbigmtimimCerppgaotssieimelt.nnaosrcnrtnatch,nostmhitllnerCpreeoeftoastirrenhe,nbwgeeH.en,ltneepaattaraawtreeeeagmtdecrtrrtvrixaiatpt.srehsdrngatvciyrunthkcnm,holistntmeoio/tepitonheu,obehnlHienaatlinemiptwphtmrteogHenihvotweqtrveisxhiacpaahpanestcptn.ga“cyrcoulktyiRtoiian/feupuratoidbh“ntuvahnileoetybctneleepboepmeRinroiiHewhhcirqaenisinoshomctaueraeprsfe..ior“rielgtkyaeeiRettees,tlanfeuurrai’hntvuosldieantReissrboseeRrinisaaheitaqtos,s,hccaenlieiiRomrmrlnsaroerbrwidgnnmutsaueetsennweeutsesttlncrf’ndowleiwh.ostrssualyeisaehgiytcauob,mod,cRaoeaaaRtspeommnTatr.eoddhrnhmotxhhctnnwsterolttgn.cmldmlriwlheinhopisplmiaoyoukgtrihpgukoadaeoRaodaohspeoamsetkrss.eokplphyoaaahpclthtpoinottnuaumroslraipeneipmmiaooolnNtlthphgolkNtootpdncaymChasyiLsxlbnlsskhpycossaapanlehuentnYnecuaueocoYuaaet.aeemeaaaeocnNtvhsleerttenncrmCeCaCswasyiLixnlldieonnneciosssssssaernr.ttnYle.ereclua.a,eaaanvstengrdeCwaildonnnessssrtl.l •HUaHnrwaaersalcssommsmeenoetrnintappropriate touching of leRalreenaprhonorhwtostweoxtfiouleafiallehcaaomrcaopsmlsapminlateionntrtoretropreotprhtoedrtiNsdcYirsCimcrinmaitnioantio. n. • eu•mnpwulnoewlyceoelmcsoeomrecoursotor minaeipnrsappropproripatreiate toutochuicnhging of of YoCuYoocmuamncafiinslesfiaolencaoomcnopmHlaupinlmatinaatnnoaRnioygmnhyotmsu.osCluyas. lyl.212-416-0197 • Tehmreepamltopeynleoieynsegeoosrrocerunscgtuoasmgtoienmrgseirns adverse action after • siMnomits••nhdaomdarkimsimtevnikihevoinaddiearoinmtgedoikuengvauinelnaineetdaoeilegnw’llusrn’nersgeadewianfllaf’epuordsougpewpsrsrapfeeeoduspoeessarepnareraxargoeeasausnaarsnsnaaergeeccalxsiaxxesnencueguue,g,coaxiaabxnbemlululoig,onaaadmbcdlddliyooyanavev,,mcddadanoooyavnnvmtr,rmedscacosrsevenemsattrnecyeybstreellssoeetnayeutooclseatftafbiaoodcdaonfntrrbieuodesotansrseufstastaesnfrtaenr SfotiSlaretvaaeistciaeot mnNadpYnlCadF.ingeoFtdvoee/rdHrreeauprlmaoGraltonGdvRioseigcvrrheinmtrsmnintmoeatnlieeotannr.ntYohuowcatno RfeiRleseoasucoorumcrepcslaeinst anonymously. •• fSeeSdfSxetuedraaaxelultrlhaaeaallwrlhaaa,awswnrsa,hmdsweserhmeFneterseentisadtstatuiesaltsterauosaltseuolosnf luolaimnfwllaiftmuwaltiftiuoanlntiduosnenvdrsaesrvrytaa.srtytea. taendand ToGTfoiolefvialeecaronmcompmlapeinlantinwttitwRhiethsetohNeueNwrecYweorYskorSktaStteatDeivDisivioisnion • C c•oonncdoditnitidoioinntiioinnngginppgrroopmmrooomttiioontniossnoosrroorthtohetrheeor rpoopppopprotourrnttuiutnineiitstiieeossnon osnesxseuexaxulufaalvfoarvsors oTOaEotfESTapOEoTawHOnoepfotfEixdpuoCwlfewHOuimprfl’fwtseiaeuoCwulaaeldm.rwna’ndwtsheiuceaathca.Rrwynhbndoarriiac.esatghmlnRCyrhibslhtgrayiaoep.ssgte.wnCsrmmiglhtgaay,,oeotwtemi.ewpsnmgvawni,littho.ewtsmhtpwweavswiilitrss.eswitohetwehashan.esisewtlovsehttei(nha.osUEeeovtieEt.uuei(cSsUEONttno.i.heEt.gClceSeasOEtow..)hwg,qoDvCeEfou.fYip)uv,qaDlvoililmeslu.ripuvaikaoEilinsteslnSmaedaio’Ettssepainmovertlw’oniespssyesvitlwtmobiavsyestateietmhibrnteeystte.hinteet •• D d•isispdplialsaypyilniangygipngopronpronoogrrngaorapgphrahicpichimicimagaiemgsea, sgc,easrct,oaorctnaorsot,onoosr,nso, r or Division of Human Rights, please visit the Division’s bgMbbmg•roaaraoaaakfbgmbsarfkifiednrrfaotiiadanditsgsakifsgoe,rfioois,dnedntenneissgtxooccet,gcci.oxnnessoe.imettsngmccxtrdoe.pipesnmerumuetdrtptmeereauerrrartmsskre,,ksraeessromm,kroesaardmiiolledssarr,e,ioldcrcsogee,egallcrlloateppotglohlhrayrpootyohncnroeoceysnoms,emc,mbsobm,umueblellnmelunettltseitlnesinnttins • • based on gender website at www.dhr.ny.gov. ReRteatlaialitaiotinonIsIPsrPorhoihbibteitdedUnUdnedrer RthetehtaLelaiLwaatwion Is Prohibited Under tIthiIsteiasLvaaiowvlaiotiloantioonf othf ethleawlawforfoarnaenmepmlopyleoryetor ttoakteake To file a charge with the U.S. Equal Employment Opportunity Commission (EEOC), please visit the Iatcistaiocantivoianoglaatignioasnitnsoytof utyhoebuelabcwaeucfsaoeursayeonuyeomouppoplopoypseeorsoetor ostrapkesepakeak EEOC’s website at www.eeoc.gov. @N@YNCYCCHCRHR CoCmommimssisiosnioonnon NYNCCY..ggCoo.gvv/o/Hvu/HmuaamnnaRRniigRghhigttshsts HuHmuamnaRnigRhigtshts | HHA HANDBOOK 19
III. HIPAA & CONFIDENTIALITY 20 HHA HANDBOOK |
A. Employee Statement of Confidentiality True Care employees are mandated to observe strict confidentiality rules regarding Client information that includes, but is not limited to the actual identity of the client or any characteristics/information that could individually or in the aggregate identify the client, the client’s medical record or plan of care, information about the client’s family or other personal matters occurring in the home, client’s financial information or any other Client information. Such private information may only be shared with individuals who have a medical “need to know” the information. Any information that is released regarding the Client’s record should only be done with proper authorization and/or in accordance with the established agency policy for the release of the information. In the event an employee is made aware of a Client’s medical record, the employee cannot disclose this information to any other individual. State law prohibits employees from making any further disclosure of this information without the specific written consent of the person to whom it pertains or as permitted by law. Any additional unauthorized disclosure is a violation of State Law and may result in a fine or jail sentence, or both. General authorization for the release of medical or any other information is not sufficient authorization for further disclosure. Any breach in the aforementioned policies will result in disciplinary action up to and including termination of employment. Additional detailed information about client confidentiality and privacy laws is discussed during orientation and in-service. By signing off on the handbook acknowledgment, you affirm to have received training regarding HIPAA and that you understand and will adhere to HIPAA at all times. | HHA HANDBOOK 21
B. HIV Confidentiality In accordance with the Employee Statement of Confidentiality Policy, employees are required to observe True Care’s strict confidentiality policy including the HIV status of Clients or any other person associated with True Care. Employees are not to discuss/release any information obtained within the agency regarding any True Care Client, their medical record or any Client’s condition with any individual not directly associated with that Client. Any information released regarding the Client’s record should only be done with proper authorization and or in accordance with established agency policy for the release of the information. In the event an employee is made aware that a Client is HIV positive, the employee cannot disclose this information to any other individual. State law prohibits employees from making any further disclosure of this information without the specific written consent of the person to whom it pertains or as permitted by law. Any additional unauthorized disclosure is a violation of State Law and may result in a fine or jail sentence, or both. General authorization for the release of medical or any other information is not sufficient authorization for further disclosure. Any breach in the aforementioned policies will result in disciplinary action up to and including termination of employment. C. H ealth Insurance Portability and Accountability Act (HIPAA) True Care employees are mandated to attend HIPAA training as part of their 22 HHA HANDBOOK |
orientation. This session will include training on the federal and state laws and regulations regarding the HIPAA privacy and security rules requiring the use of confidentiality as well as integrity and accessibility safeguards for Client Protected Health Information (PHI). Employees will be trained on the principles set forth in True Care’s training on HIPAA and the Organization’s Privacy & Security Policies and Procedures, which include but are not limited to: 1. Maintaining confidentiality of PHI 2. Client Privacy rights under HIPAA 3. Password Management 4. Log-in procedures and requirements 5. Identifying and reporting security incidents All employees acknowledge receipt and understanding of the training provided on the policies and procedures specific to their job function. Any breach in the aforementioned policies will result in disciplinary action up to and including termination of employment D. Telephone Policy True Care employees are required to maintain privacy and confidentiality with telephone and cell phone use. True Care employees are prohibited from using their personal cell phone to record audio, video or pictures of the Client, the Client’s family members, Client’s possessions or the Client’s surroundings. | HHA HANDBOOK 23
VI. EMPLOYMENT GUIDELINES 24 HHA HANDBOOK |
A. Employment Outline 1. Employment at Will Employment at True Care may be terminated for any reason, with or without cause or notice, at any time, by the employee or True Care. Nothing in this manual or in any oral or written statement shall limit the right to terminate employment at will. Other than the Director of Human Resources, who must do so in writing, no supervisor or employee of True care shall have any authority to enter into an employment agreement, express or implied, with any employee providing for employment other than at-will. Unless otherwise changed by the Director of Human Resources in writing, this policy of at-will employment is the sole and entire agreement between you and True Care as to the duration of employment and the circumstances under which employment may be terminated. With the exception of employment at will, as indicated above, terms and conditions of employment with True Care may be modified at the sole discretion of True Care with or without cause or notice at any time. No implied contract concerning any employment- related decision or term or condition of employment can be established by any other statement, conduct, policy, or practice. Examples of the types of terms and conditions of employment that are within the sole discretion of True Care include, but are not limited to, the following: Promotion; demotion; transfers; hiring decisions; compensation; benefits; qualifications; | HHA HANDBOOK 25
discipline; layoff or recall; rules; hours performance and conduct, as well and schedules; work assignments; as other factors such as business job duties and responsibilities; requirements and economics. production standards; subcontracting; reduction, cessation, or expansion of Your length of service is measured from operations; sale, relocation, merger, the day you start active employment. or consolidation of operations; Wage and salary reviews, and other determinations concerning the use of benefits are based on your quality and equipment, methods, or facilities; or any length of service. other terms and conditions that true care may determine to be necessary B. Scope of Work for the safe, efficient, and economic operation of its business. 1. Home Health Aide Job Outline a. JOB DESCRIPTION The at will disclaimer does not, and is not intended to interfere with, limit, or Home Health Aides (HHAs) provide relinquish an employee’s right to join personal care services, minor with others to work towards altering the housekeeping and other health terms and conditions of the employee’s related supportive tasks for a employment, including at will status. Client with health care needs. A physician, based on an assessment 2. Probationary Period of the Client’s needs, orders these services. The aide follows a Plan of The first ninety (90) days of your Care established by a Registered employment with True Care are Nurse (RN) and is routinely considered a Probationary Period. supervised by the RN in carrying out During this time, your performance on assigned duties. the job and your skills will be evaluated according to your stated qualifications Reports to: Scheduling and job description. Within True Coordinator Care’s discretion, you may receive an evaluation after your ninety (90) days Job Duties/Knowledge: of employment. Both you and your supervisor will have the opportunity to • Personal care duties include judge whether or not your job placement bathing, grooming, feeding, has been appropriate and whether your turning and positioning. own expectations have been met. • Assist the Client with transfer, True Care management, in its sole ambulating and prescribed exercise discretion, may extend the Probationary and instructed by the Registered Period should circumstances warrant. Nurse or professional therapist. After successful completion of your Probationary Period, you will become a • Reinforce and change simple non- regular employee of True Care. sterile dressings. At all times, continued employment • When instructed by the Registered is based on satisfactory employee Nurse, record weight, measure 26 HHA HANDBOOK |
food and fluid intake and output. b. QUALIFICATIONS Collect urine, stool and sputum specimens and perform simple Certification urine tests. • Have completed a training • Prepare a modified diet as ordered program approved by the New by the physician and assist with York State Department of Health feeding when necessary. as a Certified Home Health Aide or be enrolled as a trainee aide in a • Observe and report specific vital New York State approved training signs and symptoms as instructed program under the supervision of by the Registered Nurse. a qualified RN. • Remind the Client to take • Be a minimum of 18 years of age, medications specifically ordered able to read and write and to carry by the physician, which are out directions. ordinarily self-administered. • Have a physical examination • Assist with skin care and satisfying the New York mouth care on unbroken and State Department of Health uninfected skin. requirements for Home Health Care Workers and any other • Perform incidental household compliance documentation functions necessary to maintain a requirements as per policy. safe environment exclusively for the assigned Client (e.g., Comfort • Have not had a gap in employment and cleanliness of the Client and as a Home Health Aide of two or grocery shopping.) more years since the Home Health Aide Certification was obtained • Assist with medical equipment, such as but not limited to Initial and Annual Competency wheelchairs, walkers, crutches, canes and electric chair lifts. Before any field staff member can begin to provide Client care, the field • Assist in transporting the Client to staff member must demonstrate medical appointments. proficiency in skills appropriate to assigned responsibilities. These • Report changes on the Client’s skills will be observed by a physical status to the Registered supervisor. Competency will also Nurse or Scheduling Coordinator. be assessed annually. Please note, HHAs’ tasks are prescribed Initial Health Requirements by the Field Nurse Supervisor and follow the Client’s Plan of Care. The • Physical Assessment satisfying the HHA communicates frequently with New York State Department of the assigned Registered Nurse and the Health Requirements Client’s physician to update the Plan of Care. The aide may not perform any • Proof of 2 MMR vaccines or task not listed on the Plan of Care positive titers/immunity for Rubella and Rubeola (measles) • Negative 2-step PPD or negative | HHA HANDBOOK 27
IGRA (quantiferon) test or proof • Interpret medical information of a previous positive PPD and a subsequent negative chest x-ray. • Cut fingernails or toenails • Tuberculosis screening • Apply heat or cold of any kind questionnaire • Assist the Client or any member • Negative 4-point drug screen of the household with banking, writing checks or paying bills. • Hepatitis B vaccination or Aides must not be entrusted declination form with more than $50 of a Client’s money at any given time and • Proof of flu shot or documented any instance of this should be declination (during flu season) And reported to their True Care agreement to wear a face mask coordinator. at all times when with a patient during the flu season • Open Client’s mail if the Client is not present Annual Health Requirements • Assist in the preparation of or • Annual health assessment as per witness any advance Directive New York State Department of or Will Health guidelines • Perform heavy housework, e.g., • 4-point drug screen cleaning windows, moving heavy furniture, cleaning the entire • TB screen questionnaire house, cleaning up after other occupants of the residence. • Proof of flu shot or documented declination • Provide service to a Client who has been admitted to hospital Additional medical information and/ or visit the residence in the or testing may be required according Client’s absence. to specific contract requirements. • Ask the Client for medical history Training including vaccination history. All home health aides must complete ° Perform any task not listed on 12 hours of in-service annually. the Client’s Plan of Care. Inservice classes are offered both in-person and online from True Care. C. Contacting True Care c. SCOPE OF PRACTICE 1. Coordination Department Call the coordination department if HHAs are not allowed to perform you have any questions about your the following duties and should schedule or your Client. Below are contact their scheduling coordinator some common reasons to call the if they are requested to do so by the coordination department. Client or family member. • Perform nursing duties that include, but not limited to wound care, glucose testing, preparing or administering medications 28 HHA HANDBOOK |
• You are looking for work. ° The PLAN OF CARE is unclear to you, you cannot locate the PLAN • You will be more than 15 minutes late OF CARE in the Client’s home, or getting to your Client’s home. if your Client will not let you do something that is listed on the IF YOU WILL NOT BE ABLE TO ARRIVE PLAN OF CARE. AT WORK TO WORK AS SCHEDULED, YOU MUST CALL AT LEAST FOUR (4) ° The Client, the Client’s doctor, HOURS PRIOR TO YOUR SCHEDULED or the Client’s family asks you to TIME OF ARRIVAL. do something that is not on the PLAN OF CARE. • There will be a change in the time or days you will be available for work. ° HOME HEALTH AIDES ARE NOT TO ADMINISTER MEDICATION • You arrive at the scheduled time TO A CLIENT, IF YOU ARE and the Client is not home, will not REQUESTED TO ADMINISTER let you in, or you cannot find the MEDICATION NOTIFY YOUR Client’s house. SUPERVISOR IMMEDIATELY. IF REPORTED EMPLOYEE WILL • The Client asks you to help another BE TERMINATED. member of the household and you have not received prior instructions 3. Use of the On Call System regarding this. True Care has experienced staff that • The Client asks you to stay longer, performs the “On-Call” duties to accept and or leave earlier than the Client calls and to provide support to scheduled time of your visit or asks staff caring for Clients after normal you to switch days. business hours. You can reach the on-call system by calling our main line • You have an accident or get hurt, 718-854-8783. no matter how minor. Call True Care after hours if: 2. Supervisor Notification • You have a problem or concern with Call the coordination supervisor your Client. This should be reported as or nurse manager if you have any soon as the situation or problem arises. concerns or issues with the Client or their care. • If you are ill and unable to show up for work. We have 24 hours On • The Client refuses to take medication Call service. You are expected to that should have been taken. call at least 4 hours before you are scheduled to arrive for your case. ° Any Client related or medical problem arises, NO MATTER Do not call True Care AFTER HOURS if: HOW SMALL. • You have a question about your check. • The Client has an accident/incident while you are present, or reports • You want to request a day off. having had an accident/incident prior to your arrival. • Or any other reason that can | HHA HANDBOOK 29
be addressed during normal D. Fraud, Waste business hours. and Abuse For these issues, call the office The company maintains a comprehensive during normal office hours for corporate compliance program that all assistance. Normal business hours employees will receive at the time of hire are 9:00 a.m. through 5:00 p.m. and they will be educated about each Monday through Friday. year. As a general matter, corporate compliance is a broad term that refers Do not save the on-call cell number to integrity in all aspects of business or call the number directly at your operations, and in particular with respect convenience, the on-call coordinator will to Medicaid spending and programming. not answer your call unless the call is All employees, regardless of title or directed by the on-call operator. All calls rank are expected to comply with these must go through the on-call system states Medicaid rules at all times during from the main phone number. their employment. This policy provides just a few general principles from that 4. Incident Reporting compliance program. Some examples of incidents that must Fraud is the intentional misrepresentation, be reported are; falls, injuries, bed deception or intentional act of deceit for the bugs, bedsores, changes in condition, purpose of receiving unwarranted payment suspicion of abuse or any concerns. in part or in whole. Fraud is purposeful deception or misrepresentation with If there is an accident or incident knowledge that the information is not true. affecting you or the Client, you (or the Client) must call the office immediately. Waste is over utilization of services or other Following the telephone call, a written practices that directly or indirectly result in report may be required. unnecessary costs to the healthcare system including the Medicare and Medicaid If a Client is on the floor, do not programs. It is not generally considered to attempt to lift him/her up. Make the be caused by criminally negligent actions, Client as comfortable as possible and but rather, the misuse of resources. call 911, True Care and the Client’s family if applicable. Abuse is reckless disregard or conduct that goes against and is inconsistent with If you have a problem relating to your acceptable business and/or medical practices work, a solution can usually be found resulting in unnecessary costs. Abuse causes through discussion with your immediate unnecessary costs or expenses for services supervisor. If you have a workplace or care that is not needed or required. problem, bring your problem to the attention of your supervisor as soon Concerns about fraud, waste or abuse as possible. If your supervisor does should be immediately reported to not respond to your satisfaction, bring True Care at 718-854-8783. Anonymous the problem to the HR Director-Chief reports can also be made on the Compliance Officer or Administrator. compliance hotline at 646-668-5899. 30 HHA HANDBOOK |
The Inspector General can also be G. Payment contacted at 1-800-447-8477 or OIG at http://oig.hhs.gov/fraud/hotline/ True Care will pay you for the services provided. You are never to accept payment E. Personal Vehicles from a Client. Restrictions H. Acceptance of Gifts Under no circumstances may a home health aide be permitted to transport a You are never permitted to accept gifts or Client in the home health aide’s car. A money from your Client. home health aide may not drive the Client’s car with, or without the Client in the car. I. Key Policy The Client is responsible to pay for the transportation related to the Client’s care, True Care prohibits employees from such as doctor visits. However, the Home accepting apartment or house keys Health Aides are responsible for the cost from Clients. of their normal commute to and from the Client’s home. J. Escort Policy F. Finances 1. Overview The employee may be asked to 1. Client’s Money escort the Client to the doctor, clinic Unless given permission by your appointments or to special events. This supervisor, you are not permitted to may be done via public transportation, carry more than fifty dollars ($50.00) of taxi, via ambulette, or ambulance. the Client’s money at any one time. 2. Transportation Be sure to obtain receipts any time you Under no circumstances are you spend the Client’s money. Spending the permitted to transport a Client in your Client’s money for which you have not car. Clients pay for the transportation received your supervisor’s permission related to Client care, such as doctor is against True Care’s policies and will visits. However, you are responsible for lead to discipline up to and including the cost of their normal commute to termination. and from the Client’s house. It is not permitted for the home health aide to make a bank deposit or write checks on behalf of the Client. | HHA HANDBOOK 31
K. Smoking Policy You may not smoke in the Client’s home, or when you are with your Client outdoors. L. Drug and Alcohol Policy You may not use any kind of mind-altering substance or illegal drugs or alcohol which will affect your work performance. Further, no employee may come to work, be on work time, or be on work premises while under the influence of any substance, including alcohol or marijuana. Any employee reasonably suspected of being under the influence will be subject to testing for drug or alcohol use. Any employee suspected of drug or alcohol use will be safely transported to and from their location to a testing site. Any employee refusing to submit to testing when requested per this policy will be deemed to have admitted to the suspected drug or alcohol use and will be subject to disciplinary action. True Care requires a pre-employment drug screen and reserves the right to require a random drug screening as a condition of continued employment. All drug screens must be performed under Chain of Custody/Forensic if contract required. M. Substitute Service You are not allowed to change the schedule, swap Clients, or arrange any substitute service for Clients under our/ your care. All changes must be made through your supervisor at True Care. 32 HHA HANDBOOK |
N. Relief Policy In cases where twenty-four (24) hour service or more than one (1) shift is being provided, staff is expected to remain with their Client until the person relieving them arrives. If the relief person does not arrive, the employee must call True Care and speak to the supervisor. In these situations, a Client may never be left alone unless arrangement are made and approved by the supervisor. O. Telephone Policy No personal phone calls are to be made from or to the Client’s home. Never give out your Client’s phone number to family or friends. In case of an emergency, your family should call True Care and we will contact you. Never give a Client or the Client’s caregiver your phone number. If they need to reach you, they should call True Care. Cell phones must be on “vibrate” or turned off while you are in the Client’s home. P. V isit Compliance and EVV 1. Attendance When, for any reason, you cannot report to work, you are required to call the office. You must call at least four (4) hours before your scheduled work time to allow us time to arrange for a replacement caregiver for your Client. Our answering service will take your message outside of regular hours and give it to the on call supervisor. A call | HHA HANDBOOK 33
that has gone through the answering You must notify the office if you are service should also be followed up by a going to be more than fifteen (15) call to the office during the next regular minutes late to your assignment. business day. Do not send a text message and do not call the Client. 2. Hours of work and breaks Attendance is verified daily by your Employees must be available for work at supervisor and many of our contracts. times and locations scheduled by True Care and approved by the employee. If you need to leave early, call True Care. Employees are paid for all actual hours We expect you to stay with the Client worked or visits made. until other arrangements can be made for you and adequate coverage is found a. Meals and Breaks for the Client. For employees who do not work Excessive absenteeism may result live-in shifts: all employees in New in discipline, up to and including York State are entitled to a duty- termination. This section does not apply free meal period of at least 30 to any absences caused by employees minutes if they work more than six engaging in lawful, concerted, protected hours per day. Due to the unique activities, or any work stoppage which is nature of the home care industry, lawful, protected, concerted activity. however, where only one employee 34 HHA HANDBOOK |
is available during the shift to be are on the Client’s premises, and in the home of the patient, and the caregiver is entitled to certain no relief caregiver can come in to periods of time during which they relieve the employee during break are fully relieved of duties. However, times, it is a requirement that the the caregiver understands that caregiver consent to working and they may not leave the premises or being on site through his or her grounds unless they have received mandated meal period. Whereas prior approval from True Care. usually an employee is not paid for a duty free meal break, because Live-in caregivers work the following of this nature of home care, all schedule during a 24-hour period employees will be paid during what and will be available for a maximum would otherwise be their break if of thirteen (13) hours each day to they work more than 6 hours per perform the contracted duties and shift, and such time will count as responsibilities as specified on the hours worked. Employees are free plan of care; have eight (8) hours of to refuse these “one employee sleep time, at least five (5) hours of meal” rule and may instead insist on which will be uninterrupted; have only being assigned to work cases three (3) meal breaks each day, where they can receive a duty-free with a 30 minute minimum for each meal period of 30 minutes. Again, meal; have an additional three (3) given the patient concerns and the uninterrupted break times each day, inability to provide such a break, with a (15) fifteen minute minimum any employees who would prefer for each break. to have an unpaid meal break will have to be scheduled for shifts of Meal and break times will not be less than six hours. By signing the considered time worked even if handbook acknowledgment below, the caregiver shares meal and/or you are agreeing to this policy and break times with the Client. If the understand that the terms of your caregiver accompanies the Client meal breaks are entirely voluntary on trips, visits, walks, etc., outside of and by accepting any shift of the premises while on meal or break more than six hours, you are also times, or when they could otherwise accepting this policy of waiving your occupy themselves with other right to a duty-free meal break in activities of their choosing exchange for receiving pay during (i.e. staying home and reading such a break. a book), that time will not be considered time worked. It is b. Live-In Shifts agreed that this method of payment is reasonable under Live-in caregivers either reside in the circumstances because of the Client’s home on a temporary the intertwined nature of a live- (more than 24 hours) basis or for in caregiver’s work and personal an extended period of time. The activities, which makes it difficult caregiver is not to be considered to determine what constitutes as working all of the time that they hours worked. | HHA HANDBOOK 35
The Client/Responsible Party local laws. Days or hours paid but acknowledges and understands not actually worked (e.g. PTO days, that on the first and last day of any etc.) in any given week, will not live-in assignment, the Client will be be counted as hours worked for charged for all hours worked but purposes of computing overtime. not for sleep, break, or meal times as referenced above. 3. Visit Verification If the caregiver works more than In accordance with federal and New thirteen (13) hours in any day they York State laws requiring that accurate must notify the supervisor before records be kept of hours worked in noon the following day to report the each workday and each work week amount of additional time worked through electronic visit verification, and the reason for having to work all employees must record their the additional time, so the caregiver actual hours worked and the tasks can be compensated for the performed during the shift. At the time additional time worked. of hire and each year thereafter, you will receive comprehensive training True Care can be reached and information about electronic visit 7 days a week, 24 hours a day verification. You are required to follow at 718-854-8783 the rules and utilize electronic visit verification at all times period there are The Compliance Hotline is only some instances where timesheets 646-668-5899 and other records of work will be acceptable For purposes of Medicaid Email True Care at compliance. Employees who refuse to [email protected] utilize electronic visit verification are subject to immediate termination of c. Changes to Work Schedule employment and loss of license as a home health aide. If you need to change your work schedule for a day, please contact Please ensure that you clock in and out the staffing manager or coordinator. to record your Client visit. There are Do not ask Clients to change three methods: scheduled work hours for your convenience. If you must stay past a. HHAeXchange Mobile App the scheduled time or come in early to leave early, the staffing manager Use the HHAeXchange Mobile App must be notified for approval before The app is free to download on the care is provided. If a Client or iTunes & Google Play. Click on “Sign- family member wishes to change Up” on the lower left corner of the hours after you arrive, call the screen. Enter all the information agency for approval. required. Once you enter all the information, click “Sign-Up” at the d. Overtime bottom of the screen. You will then receive a Mobile ID number True Care provides overtime on the screen which will also be compensation in accordance with the applicable federal, state and 36 HHA HANDBOOK |
How to Clock In on the HHAeXchange App Test Client 1 2 3 Log into the On the Home Screen, In Today’s Schedule, HHAeXchange App* select Today’s Schedule select the client you are visiting 45 6 Click on the Then select GPS* Once the clock in has been accepted, Clock In button the Clock In button will change color to indicate a successful entry *Make sure to be connected to a reliable Internet for best service | HHA HANDBOOK 37
emailed to you. Click on “Okay”. why it is critical that honest and Keep this number in a safe location. complete information is provided Provide the number to the HR either through electronic visit representative at True Care so verification or through paper that they may enter the number in timesheets or through other means HHAeXchange. This will link you to of reporting work hours, such as True Care in the program e-mail or fax. b. Client’s Phone Altering the timesheet or time record of another employee, or Call the following numbers to allowing someone else to alter or reach the Electronic Visit falsify your time records, or altering Confirmation Center: or falsifying time records in any way is a violation of our policy. Any • English Phone: 718 705 6189, employee who violates this rule will Spanish Phone: 718 705 6190 be subject to disciplinary action, up Make sure to punch in your duty to and including dismissal. codes correctly during clock out, there must be a total of 6 codes, Completion of a Timesheet with a minimum of 2 Personal Care tasks and 4 additional tasks. • Never use “white-out” on a timesheet. c. Timesheets • Make sure the Client signs the Generally all employees must use Duty timesheet on a daily basis. electronic visit verification (“EVV”) to clock in and out of work, There • Make sure you sign the timesheet are only certain exceptions to the on a daily basis. requirement but that all employees use EVV. Therefore, unless you have • Always use black ink been specifically given an exemption from using EVV, you must use • Never cross out. it. Information about EVV will be provided to you during orientation • Make sure the writing on the and annual trainings to ensure that timesheet is always legible. you are staying up to date on the law. The use of EVV is mandated by law • Time sheets must be fully and your failure to utilize it to clock completed. in and out could result in you losing your license or being terminated. • Timesheets Must be used within ten (10) days of stamping. Employees who fail to follow the proper timesheet procedures will Complete the timesheet and be disciplined, up to and including have your Client sign it. Scan termination. All record keeping and email your timesheet to practices are highly related to [email protected] the company’s overall Medicaid Download a free Scan App from compliance program and that is iTunes or Google Play store Scan a picture, then email it to 38 HHA HANDBOOK | [email protected] Accepting payment for services for days that you did not work or for
false hours is a Medicaid crime, Contact Information because we will bill New York State and insurance companies based TRUE CARE on the hours you report to us as (7 days a week, 24 hours a day) worked. Therefore, to avoid any 718-854-8783 | [email protected] fraud charges, please be sure to submit your EVV and/or timesheet ON-CALL SYSTEM to us no later than 3 days after the 718-854-8783 end of the pay week (which means no later than Tuesday). ANONYMOUS COMPLIANCE HOTLINE 646-668-5899 4. Travel Time DIRECTOR OF HUMAN RESOURCES Home Health Aide’s normal commute ADMINISTRATOR to and from his/her residence to and 718-854-8783 from the Client’s home is generally non-compensable. REPORTING FRAUD, WASTE OR ABUSE 718-854-8783 5. Accepting a Case INSPECTOR GENERAL Once you accept a case, you are 1-800-447-8477 committing to the patient and to True Care that you can and will service the OIG case. True Care will provide information http://oig.hhs.gov/fraud/hotline/ about the case such as location, hours, and duties. NYS DIVISION OF HUMAN RIGHTS One Fordham Plaza, 4th Floor You should not: Bronx, NY 10458 718-741-8400 • Call a few hours later to cancel, unless www.dhr.ny.gov it is an emergency. DHR • Cancel a case in order to switch to 1-888-392-3644 another case, you should contact your dhr.ny.gov/complaint coordinator EEOC 6. Declining Work 1-800-669-4000, 1-800-669-6820 (TTY) [email protected] | www.eeoc.gov If the case that has been assigned to you is not suitable, you must provide NYC COMMISSION ON HUMAN RIGHTS True Care with a two (2) week written 40 Rector Street, 10th Fl., New York, NY notice via fax or email. While changes 311 or 212-306-7450 in assignments are not guaranteed, www.nyc.gov/html/cchr/html/home/ True Care will endeavor to satisfy your home.shtml request. LAW ENFORCEMENT BUREAU OF THE NYC COMMISSION ON HUMAN RIGHTS 40 Rector Street, 10th Fl., New York, NY 311 or (212) 306-7450 www.nyc.gov/html/cchr/html/home/ home.shtml NYS DEPARTMENT OF HEALTH METROPOLITAN REGIONAL OFFICE COMPLAINT LINE 212-417-5888 JOINT COMMISSION COMPLAINT LINE 800-994-6610 www.jointcommission.org | HHA HANDBOOK 39
IV. EMPLOYEE TRAINING REQUIREMENT 40 HHA HANDBOOK |
A. Home Health Aide 1. Supervision, HHA Ongoing competency/proficiency will be observed and evaluated throughout your tenure of employment to make sure that you are maintaining your skills at True Care expected performance level. You can expect that regular home visits will be made by a supervisor while you are in the home and you will be observed providing care to the Client. 2. In Service Education and Training All Home Health Aides are required to complete in-service training as well as orientation to True Care’s policies and procedures upon hire. Home health aides are required to complete 12 hours of in-service annually as per New York Department Health. Online True Care In-service can be completed online. Contact True Care to learn how to access the training online. In-person True Care in-service can be completed in-person in any of the local True Care offices. Contact True Care to schedule your in-service training at your convenience. | HHA HANDBOOK 41
V. PAYROLL 42 HHA HANDBOOK |
A. Wage Parity/Paid “Sick/Safe Time” means time which Time Off Policy may be used for any reason permitted by the New York City Safe and Sick 1. Wage Parity Leave, Domestic Worker Bill of Rights, Minimum wage is $17.00/hr (NYC), and New York State Paid Sick Leave Law $17.00/hr (Westchester County), and $16.20/hr (Remainder of New York “Family Member” includes a State). The required benefit portion of Caregiver’s child, grandchild, current total compensation for home care Aides or former spouse, current or former is $4.09/hr and $3.22/hr (Westchester domestic partner, parent, sibling, or County).. Wage Parity requirement grandparent, a child or parent of a at the Company is satisfied through Caregiver’s spouse or domestic partner, supplemental benefits. any other individual related by blood to the Caregiver, and any other individual The Company will provide a notice whose close association with the to all new hires, which details the Caregiver is the equivalent of a family supplemental benefits portion of the relationship. minimum rate of home care Aides total compensation. As the base/minimum “Parent” means a biological, foster, wage increases, your pay stub will step or adoptive parent or a legal reflect the changed/new rate of pay. guardian of a Caregiver or a person New notices will not be provided in who stood in loco parentis when the cases of minimum wage increases. Caregiver was a minor child. 2. Supplemental Benefits “Child” means a biological, adopted or The Company’s supplemental benefits foster child, a legal ward, or a child of a along with the minimum wage Caregiver standing in loco parentis. requirement are capped at $21.09/ hr (NYC), $20.22/hr (Westchester 4. Permitted Uses of Vacation Time County), and there is no wage parity and Sick/Safe Time requirement for the remainder of New York State. Vacation Time: 3. Definitions Time accrued under Vacation Time as The following terms will have the shown on the Aides’ pay stubs may be defined meaning under this policy: used for vacation, travel, and leisure. “Year” means the calendar year. The Company offers the opportunity to request the wage parity portion of “Vacation Time” means time which Vacation Time to be paid out. A request can be used for vacation, travel, must be made by the 15th of every and/or leisure. month for payments to be made for the 30th of every month. A maximum of thirty-five (35) hours must be adhered to per request made. Only one (1) request per month is permitted. In accordance with the Laws, the hourly | HHA HANDBOOK 43
rate of Vacation Time accruals will be offense matter, sexual offense, stated on Aides’ pay stubs. stalking or human trafficking; Sick/Safe Time: • to participate in safety planning, temporarily or permanently Sick time may be used in increments relocate, or take other actions of four (4) hours for the first 4 hours to increase the safety of the during a particular absence. After the 4 Caregiver or Caregiver’s family hours, employees may use increments members from future family of 30 minutes for additional sick time offense matters, sexual offenses, beyond the initial 4 hours. stalking or human trafficking; Time accrued under Sick Time as shown • to meet with a civil attorney or on the Aides’ pay stubs may be used for other social service provider to the following reasons: obtain information and advice on, and prepare for or participate in The Caregiver’s own mental or physical any criminal or civil proceeding, illness, injury, or health condition, including but not limited to, need for medical diagnosis, care, or matters related to a family offense treatment of a mental or physical matter, sexual offense, stalking, illness, injury, or health condition, or human trafficking, custody, need for preventive medical care visitation, matrimonial issues, (“Sick Time”). orders of protection, immigration, housing, discrimination in Care of a family member who needs employment, housing or medical diagnosis, care, or treatment of consumer credit; a mental or physical illness, injury, or health condition or needs preventive • to file a complaint or domestic medical care (also, “Sick Time”). incident report with law enforcement; Closure of the Caregiver’s place of business by order of a public official • to meet with a district due to a public health emergency or attorney’s office; such Caregiver’s need to care for a child whose school or childcare provider has • to enroll children in a new been closed by order of a public official school; or due to a public health emergency. • to take other actions necessary to An absence due to any of the following maintain, improve, or restore the reasons when the Caregiver or the physical, psychologic, or economic Caregiver’s family member has been the health or safety of the Caregiver victim of a family offense matter, sexual or the Caregiver’s family member offense, stalking, or human trafficking or to protect those who associate (“Safe Time”): or work with the Caregiver. • to obtain services from a domestic 5. Request for Sick and Vacation violence shelter, rape crisis center, Time-Off or other shelter or services program for relief from a family To request time off that is earned per 44 HHA HANDBOOK |
this policy, please complete the Home a Caregiver’s or his or her family Health Caregiver Time Off Request member’s status as a victim of family Form and submit form by email to: offenses, sexual offenses, stalking, or [email protected], or to human trafficking as a condition of your assigned coordinator. Failure to providing Sick Time or Safe Time. All submit the form and on time, as per that will be required for purposes of this policy, may result in denial of pay validating the need for Sick Time is for your time off. confirmation that the absence was due to one of the reasons permitted by the 6. Notice of Leave Related to New York State and, where appropriate, Vacation Time and Sick/Safe Time New York City Paid Sick Leave Law. Aides must give as much notice as Health information about a Caregiver practical under the circumstances for or a Caregiver’s family member, and use of Vacation Time and Sick/Safe information concerning a Caregiver’s Time. Where time off will be used as or his or her family member’s status or vacation time, Aides must submit a perceived status as a victim of family request in writing at least two weeks in offenses, sexual offenses, stalking or advance of the first day off from work. human trafficking obtained solely for the purposes of utilizing leave under Where time off will be used as Safe Time this policy will be treated as confidential or Sick Time, Aides must provide no less and will not be disclosed except by the than seven (7) calendar days’ notice for affected Caregiver, with the written foreseeable or pre-scheduled absence. permission of the affected Caregiver or However, where it is not feasible to give as required by law. advance notice, the Caregiver must notify his or her coordinator as soon as 8. Carry-Over and Forfeiture of practicable in the circumstances that the Earned and Unused Vacation Caregiver will be absent. Failure to give Time and Sick/Safe Time proper notice, where notice is possible, may result in denial of the leave or Accrued and unused Vacation Time and disciplinary action. Texting a supervisor Sick/Safe Time will not be paid out at regarding an absence is not acceptable. the end of the Year. Instead, all accrued The Company reserves the right to and unused Vacation Time and Sick/Safe request documentation regarding leave Time will carry over from one Year to related to Safe Time or Sick Time, where the next. There is no limit on the annual permitted by Law. usage of earned Vacation Time and Sick/ Safe Time; any Vacation Time and Sick/ 7. Confidentiality Related to Safe Safe Time that has been earned and and Sick Time accumulated by a Caregiver may be used in totality in any given calendar year. The Company will not require the The Company, however, will not advance disclosure of details relating to any Vacation Time and Sick/Safe Time a Caregiver’s or his or her family to Aides who have not earned or who member’s medical condition or require have exhausted all their accumulated the disclosure of details relating to Vacation Time and Sick/Safe Time. | HHA HANDBOOK 45
FOR CAREGIVERS WHO ARE EARNING There may be additional employee benefits VACATION TIME AS WAGE PARITY, deductions as well. Please contact the TRUE CARE IS REQUIRED TO PAY Director of Payroll if you have any questions OUT THE VACATION TIME TO YOU about your paycheck. NO LATER THAN THE END OF YOUR EMPLOYMENT. THIS IS BECAUSE UNUSED VACATION TIME IS A WAGE PARITY BENEFIT, AND THE BENEFIT CANNOT “GO BACK” TO THE COMPANY IF IT IS NOT USED. B. Payday Paychecks are issued every Friday. The pay period is seven (7) consecutive days, beginning on Saturday at 12 a.m. and ending on Friday at 11:59 p.m. True Care management reserves the right to alter or modify the pay schedule with proper advance notice. Paychecks will be released only to you. A written note of authorization must be given to anyone else who picks up your check if unusual circumstances prevent you from receiving your check in person or by mail. If the normal payday falls on a holiday, you will be paid the workday that is the day before the holiday. Please review your paycheck for errors. Errors can happen with any employee, regardless of classification. If you find a mistake, report it to your supervisor immediately. No employee will be retaliated against for raising concerns, complaints, or questions about his or her pay. Direct Deposit is available at no charge to you and encouraged. There are certain deductions we are required to make by law which are itemized on your payroll check stub. Federal, State and/or municipal laws require that we make certain deductions from your paycheck. 46 HHA HANDBOOK |
THIS IS NOT A CHECKHow to Read Your Pay Stub | HHA HANDBOOK 47
VI. EMPLOYEE LEAVES OF ABSENCE 48 HHA HANDBOOK |
A. Military Leave C. Leave for Bone Marrow Donation True Care complies with the military service Laws. If you are called to active Unless otherwise required by applicable military duty or to Reserve or National law, upon request, eligible employees Guard training, or if you volunteer for will be given unpaid leaves of absence to same, you should submit copies of your undergo a medical procedure to donate military orders to the Director of Human bone marrow. The combined length of Resources as soon as practical. You will be the leaves will be as determined by the granted a military leave of absence without physician conducting the procedure, but pay for the period of military service, or may not exceed twenty-four work hours, the military service of their relatives, in unless otherwise agreed by the Agency. accordance with applicable federal and state laws. Please inform True Care of your Employees will be required to provide return to duty sufficiently in advance so documentation from the physician that we may plan for your return. conducting the procedure to verify the need for and length of bone marrow B. Time Off to Vote donation leave. Retaliation for requesting a leave of absence for purposes of donating If an employee is qualified to vote and bone marrow is prohibited. desires to do so but his or her normal work hours make voting impossible, D. Leave for the employee should notify his or her Blood Donation supervisor in writing not more than ten, nor fewer than two, working days before Unless otherwise required by applicable the day of the election. The written law, upon request, employees working 20 statement should include the reasons or more hours per week on average will why the employee finds it impossible to be given three (3) hours of unpaid time vote before or after his or her normal off in each 12 month period to donate work hours. The supervisor will review the blood. Employees must obtain approval statement and inform the employee of from their coordinator prior to scheduling what alternate arrangements can be made an appointment to donate blood. The to allow him or her to vote and whether Agency may, due to business necessity, the employee is entitled to time off with deny a request for a particular leave time pay, up to two hours, to vote. and require that the leave be taken at a more appropriate time. Employees will Exempt employees may be provided be required to provide documentation to additional time off with pay when necessary verify blood donation leave. Retaliation to comply with state and federal wage and for requesting a leave of absence for hour laws. purposes of donating blood is prohibited | HHA HANDBOOK 49
E. Family and Medical you use any FMLA leave, for any of the Leave of Absence & New following reasons: York Paid Family Leave • The birth of a son or daughter and The Agency provides leave according to in order to care for such son or the Family and Medical Leave Act of 1993 daughter (leave to be completed (FMLA) and the New York Paid Family within one year of the child’s birth); Leave (NYPFL) Law to covered employees in certain circumstances and as more fully • The placement of a son or daughter described in this policy. with you for adoption or foster care and in order to care for the newly 1. Eligibility placed son or daughter (leave to be FMLA. To qualify for FMLA leave, you must: completed within one year of the (1) have worked for the Agency for at least child’s placement); 12 months; (2) have worked at least 1,250 hours during the last 12 months; and (3) • To care for a spouse, son, daughter, be employed at a work site where the sibling, or parent with a serious health Agency has 50 or more employees within condition; 75 miles. If you have any questions about your eligibility for FMLA leave, please • The employee’s own serious health contact the Human Resources office. condition which renders the employee unable to perform any essential NYPFL. To qualify for NYPFL, (a) a New function of his or her position; or York employee whose regular schedule is 20 or more hours per week must • A qualifying exigency of a spouse, son, have worked for the Agency for at daughter, or parent who is a military least 26 consecutive weeks preceding member on covered active duty or the first full day leave begins, or (b) a called to covered active duty status New York employee whose regular (or has been notified of an impending schedule is less than 20 hours per call or order to covered active duty). week must have worked in the Agency’s employment for 175 days to qualify for Eligible employees may take up to NYPFL. If you have any questions about 26 weeks of unpaid FMLA leave in a your eligibility for NYPFL, please contact single 12-month period, beginning on the Human Resources office. the first day that you take FMLA leave to care for a spouse, son, daughter, or next 2. Leave Entitlement of kin who is a Covered Servicemember FMLA. Eligible employees may take and who has a serious injury or illness up to 12 weeks of unpaid FMLA related to active duty service, as leave in a 12-month period, which is defined by the FMLA’s regulations (see measured using a “rolling” method that Definitions section, Military Caregiver is measured backward from the date Leave subsection below). 50 HHA HANDBOOK | NYPFL. Eligible New York employees may take up to the following amounts of NYPFL, for the reasons listed below, in a 52 consecutive week period (measured backward from the date you use any NYPFL):
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