§9100   EMPLOYMENT SELECTION POLICIES

§ 9101 Equal Employment Opportunity.

UHCSSD provides equal employment opportunities (EEO) to all employees and applicants for employment and prohibits discrimination and harassment of any type without regard to race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression, or any other characteristic protected by federal, state or local laws. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training.

UHCSSD provides equal opportunities for and in the employment of qualified individuals with disabilities who, with or without reasonable accommodation, can perform the essential functions of the position.

UHCSSD expressly prohibits any form of unlawful employee harassment based on race, color, religion, sex (including sexual orientation, gender identity or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history) or status as a Vietnam-era or special disabled veteran.  Improper interference with the ability of UHCSSD's employees to perform their expected job duties is not tolerated.

With respect to sexual harassment, UHCSSD will maintain a workplace free of harassment of any kind and from any source, either management or co-workers, while treating all complaints fairly in order to prevent frivolous or malicious accusations.  UHCSSD prohibits:

(a) Unwelcome sexual advances; requests for sexual favors; and all other verbal or physical conduct of a sexual or otherwise offensive nature, especially where:

(i) Submission to such conduct is made either explicitly or implicitly a term or condition of employment;

(ii) Submission to or rejection of such conduct is used as the basis for decisions affecting an individual's employment; or

(iii) Such conduct has the purpose or effect of creating an intimidating, hostile or offensive working environment.

(b) Offensive comments, jokes, innuendos, and other sexually oriented statements.

Complaint Procedure

Each member of management is responsible for creating an atmosphere free of discrimination and harassment, sexual or otherwise.  Further, employees are responsible for respecting the rights of their co-workers.

If employee experiences any job-related harassment based on employee’s sex, race, or another factor, or believes employee has been treated in an unlawful, discriminatory manner, promptly report the incident to employee’s supervisor, who will investigate the matter and take appropriate action, including reporting it to the Executive Director or the Chairman.  If employee believes it would be inappropriate to discuss the matter with employee’s supervisor, report it directly to the head of employee’s department or to the Executive Director or the Chairman, who will undertake an investigation.

In order to properly and objectively investigate a complaint of harassment, it is almost always necessary to disclose to the accused person (and to other witnesses) the identity of the complainant.  If the complainant does not want their name to be disclosed, there may be no formal action that can be taken by UHCSSD.   Employee’s complaint will be kept confidential to the maximum extent possible.

If the UHCSSD determines that an employee is guilty of harassing another employee, appropriate disciplinary action will be taken against the offending employee.

The UHCSSD prohibits any form of retaliation against any employee for filing a bona fide complaint under this policy or for assisting in a complaint investigation. However, if, after investigating any compliant of harassment or unlawful discrimination, UHCSSD determines that the complaint is not bona fide or that an employee has provided false information regarding the complaint, disciplinary action may be taken against the individual who filed the complaint or who gave the false information.

§ 9102 Recruitment Policy and Selection Criteria.

The selection of individuals to fill vacant positions shall be based upon the ability to perform the essential duties of the position, with or without reasonable accommodation, specific job-related skills and abilities, character, general competence (past performance), ability to work and relate with co-workers, passing a drug test, and the ability to relate to the goals and objectives of UHCSSD in a cooperative and productive manner.

§ 9103 At Will Employer

UHCSSD is an “at will” employer.  Every individual has the right to terminate his or her own employment at any time for any reason.  Likewise, UHCSSD reserves the right to terminate any employee for any reason or no reason any time.

§ 9104 Drug Testing.

As part of UHCSSD's employment procedures, an applicant is required to undergo a preemployment drug test conducted by agencies designated by UHCSSD.  Any offer of employment that an applicant receives from UHCSSD is contingent upon, among other things, satisfactory completion of this drug test, background check and a determination by UHCSSD that the applicant is capable of performing the essential functions of the position that has been offered with or without a reasonable accommodation.

As a condition of continued employment, employees may also be required to undergo periodic drug testing, at times specified by UHCSSD which includes alcohol and drug screenings.  In connection with these tests, employees are required to provide UHCSSD with access to their medical records, if requested.  All UHCSSD required drug/alcohol tests are split samples and the initial sample testing is paid for in full by UHCSSD.  If the employee wishes to have the second sample tested it shall be requested within 72 hours of the notification of the first sample and will be the employee’s responsibility to pay half of the cost for the second sample to be tested.  The results of the testing shall be kept confidential and kept in separate files.

Questions about UHCSSD-required drug/alcohol tests should be directed to the Executive Director.

§ 9105 General Harassment.

UHCSSD expressly prohibits any form of employee harassment. Harassment is defined as unwelcome, offensive conduct that substantially interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment based on race, color, religion, sex (including sexual orientation, gender identity or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history) or status as a Vietnam-era or special disabled veteran.

UHCSSD will actively enforce its policy against harassment. UHCSSD strives to maintain a workplace free of harassment of any kind and from any source, including management, co-workers, or others.  Any UHCSSD supervisor or manager who has knowledge of any incident of harassment is required to report such to the Director.  The UHCSSD considers a violation of this policy a serious offense that will lead to disciplinary action, up to and including termination.

Employees are responsible for seeing that their own conduct does not violate this policy.

Complaint Procedure - If employee believes he/she has been harassed in violation of this policy or has been treated in an unlawfully discriminatory manner, employee should report the incident promptly to employee’s supervisor, department head, to the Director or Executive Director for investigation.  Employee’s complaint will be kept confidential to the maximum extent possible.

Procedure Following Investigation - After investigation, any employee who is found to have engaged in harassment or in unlawful discrimination will be subject to appropriate discipline, up to and including termination, depending on the circumstances.

UHCSSD prohibits any form of retaliation against any employee for filing a complaint under this policy or for assisting in a complaint investigation.

 § 9106 Sexual Harassment.

As set forth in General Harassment, UHCSSD does not tolerate sexual harassment and strives to maintain a workplace free of such harassment from any source, including management, co-workers, or others.  Any UHCSSD supervisor or Director who has knowledge of any incident of sexual harassment is required to report such to the Executive Director.  This policy applies in every location in which the UHCSSD has facilities, and it applies to conduct in the workplace, at UHCSSD functions, and in all employment relationships.  This policy is for the protection of employees at all levels and positions within UHCSSD.

Employees are responsible for seeing that their own conduct does not violate this policy.

UHCSSD expressly prohibits unwelcome sexual advances, requests for sexual favors (whether explicit or implied), and all other verbal or physical conduct of a sexual or offensive nature, where:

·         submission to such conduct is made either explicitly or implicitly a term or condition or employment;

·         submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment;

·         such conduct has the purpose or effect of creating an intimidating, hostile or offensive working environment.

Examples of conduct prohibited as sexual harassment include but are not limited to:

·         conversations with sexual innuendo such as sexually suggestive comments or jokes or comments or a sexual nature, and derogatory comments about gender, which can be heard by those in the vicinity where the conversation takes place;

·         invasive questions about an employee’s private life;

·         graphic, degrading, or condescending comments about an employee’s appearance, dress, or anatomy unrelated to compliance with any other UHCSSD policy;

·         repeated social invitations when the invitee has previously indicated that he or she is not interested in accepting such an invitation;

·         circulation or possession on the work site or at UHCSSD functions of material which ridicules gender or which is sexually suggestive (including but not limited to calendars, books, magazines, objects, video or audio material, cartoons, graffiti, computer applications, etc.), regardless of whether the ridicule is directed at specific individuals;

·         unwelcome, intentional physical contact (e.g., embracing, touching, pinching), or any suggestions or threats of such contact;

·         continued use of familiarities or inappropriate behavior such as whistling or catcalls, offensive gestures, or leering.

Complaint Procedure.  If employee believes employee has been harassed in violation of this policy, employee should report the incident promptly to his/her supervisor, to department head, to the Director or to the Executive Director who will initiate a prompt and thorough investigation.  Employee’s complaint will be kept confidential to the maximum extent possible.  UHCSSD prohibits any form of retaliation against any employee for filing a complaint under this policy or for assisting in a complaint investigation.

Procedure Following Investigation.  After investigation, any employee who is found to have engaged in harassment will be subject to discipline up to and including termination, depending on the circumstances.

§ 9107 Personnel Files and Records.

UHCSSD maintains personnel files on each employee.  These files contain documentation regarding all aspects of the employee's tenure with UHCSSD, such as performance reviews, beneficiary designation forms, disciplinary counseling notices and letters of commendation.   In accordance with federal and state law (Utah law 67-18-1), employees may examine and make copies of documents in employee’s personnel file provided employee gives written request to the Executive Director.  If employee is interested in reviewing employee’s file, contact the Executive Director to schedule an appointment.

To ensure employee’s personnel file is up-to-date at all times, notify the Payroll Manager of any changes in employee’s name, telephone number, home address, marital status, number of dependents, beneficiary designations, scholastic achievements, the individuals to notify in case of an emergency and so forth.

Under the Government Records Access and Management Act (GRAMA), Utah law 63G2-101, UHCSSD must classify all records.  According to the provisions of GRAMA, the following information concerning current or former UHCSSD employees shall be given to the public upon request: the employee's name, gender, gross compensation, job title, job description, business phone numbers and business address, number of hours worked per pay period, dates of employment, occupational and professional licenses, business licenses, relevant education, previous employment, and similar job qualifications of UHCSSD's former and present employees, and records disclosing information relating to formal charges or disciplinary actions against a past or present UHCSSD employee if: the disciplinary action has been completed and all time periods for administrative appeal have expired; and the formal charges were sustained.

Employees who knowingly or intentionally release private, controlled, or protected records, or who intentionally fail to release requested public records are subject to criminal penalties (Class B misdemeanor) as well as UHCSSD disciplinary action, including suspension or discharge.  

§ 9108 Early Return to Work Policy

The purpose of the Early Return to Work Policy is to encourage employees who have been injured on the job to return to work as soon as possible and appropriate.  Offers of modified or other early return to work assignments will be described in writing and are contingent upon the written approval of the employee’s supervisor, Executive Director and treating physician.

·         Eligibility:        All employees are eligible for early return to work assignments.

·         Availability: Early return to work is contingent upon the ability of UHCSSD to provide modified work assignments.

·         Limitation: Early return to work modified assignments will generally be limited to a six-week period.  However, upon the guidance of the treating physician and with the approval of the Executive Director, exceptions may be made to this rule.

Early Return Modified Assignments Options are as follows:

·         Transitional Duty Return to Work: With the treating physician’s approval, the employee may return to a full-time alternative job assignment or to his/her regular job with some modification or lightening of the physical demands of the job, if available as determined by the Executive Director.

·         Progressive Duty Return to Work: With the treating physician’s approval, the employee may return to his/her regular job on a part time basis, if available as determined by Executive Director.  As the treating physician allows, the amount of time on the job will be periodically increased until the employee is able to perform his/her regular job as before the injury.

·         Progressive Light Duty Return to Work: With the treating physician’s approval, the employee may return to a light duty job on a part time basis, if available as determined by the Executive Director.  Under the guidelines of the treating physician, the amount of time on the job and physical demands of the light duty assignments will be increased periodically until the employee is released for full duty.

§ 9109 Fit for Duty.

UHCSSD exists to provide and deliver quality care to people.  To do this in a safe and responsible manner, UHCSSD employees must be free from any condition that would impair or distract their performance.  In other words, employees must be “fit for duty.” Below are UHCSSD’s policies regarding the use of alcohol and drugs in the work place or off-facility premises while conducting facility business.  This policy includes, but is not limited to, the following requirements:

(a)    Employees are expected and required to report to work on time and in suitable mental and physical condition.  It is UHCSSD’s intent and obligation to provide a healthy, safe, and drug-free environment.

(b)   UHCSSD reserves the right to conduct drug screening on any employee upon hire, randomly, or “for cause” at the discretion and expense of the UHCSSD.

(c)    Anyone who has a “lost time” injury will be required to complete a drug screen test within 24 hours of the injury at the expense of UHCSSD.

(d)   The unlawful manufacturing, distribution, possession or unlawful use of a controlled substance on the facility premises or while conducting UHCSSD business off the premises are prohibited.  Violations of this policy will result in disciplinary action, up to and including termination and may have legal consequences.

§ 9110 Job Description.

All employees will be given a job description for the position they are being hired.  It is the employee’s responsibility to read this description and obtain an understanding of their jobs.

§ 9111 Lifting Policy.

UHCSSD desires employees to guard their health and ability to perform lifting in their work.  Please protect yourself and the people you are assisting by requesting assistance from another person when required.  Use good judgment and correct body mechanics when lifting.  When lifting anything over 50 pounds, you are required to get help.

§ 9112 Occupational Injuries.

UHCSSD believes that occupational injuries are caused by unsafe work conditions and/or unsafe work behavior and are preventable.  Accordingly, UHCSSD has developed the following occupational injury policy and procedure for the purpose of identifying all known causes of work-related injuries and illness and preventing their occurrence. 

Employee’s Responsibility: All incidents of work-related injury/illness must be reported to the employee’s supervisor or charge nurse on the same shift which the injury/illness occurred, before clocking out.  Failure by the employee to notify his/her supervisor or charge nurse of the injury before leaving the building may result in the insurance company’s denial of claims.   Remember, denied claims are between employee and insurance company and are not necessarily the responsibility of UHCSSD.  Financial responsibility for denied claims, per the clinics or hospital’s guidelines, remains with the responsible party who signed in, i.e., you.  Failure to immediately report work related injury/illness as outlined above, or failure to complete the required paperwork (see supervisor’s responsibility below) may result in disciplinary corrective action.

Supervisor’s Responsibility: Supervisors shall investigate all reports of injury or occupational illness.  Upon receiving notification that an employee has suffered an occupational injury or illness, no matter how minor, the supervisor will do the following:

(e)   Determine the nature and seriousness of the injury or illness and provide appropriate medical attention.

(f)     Depending on the seriousness of the injury/illness, report the incident to

OSHA.

(g)    Required paperwork: With the employee, complete the SUPERVISOR’S INCIDENT REPORT OF WORK-RELATED INJURY OR ILLNESS

(SRI) and INCIDENT REPORT (found at the nurses’ station) on the same shift in which the injury/illness occurred and turn the report into the Executive Director.

(h)   The supervisor will interview employees who may have witnessed the incident of injury/illness and have them provide written or recorded statements.  If fraud is suspected, immediately contact the Executive Director.

§ 9113 Open Door Policy.

UHCSSD encourages all employees to go directly to their supervisors for help or instruction for assistance to solve work related problems or to voice any concerns.  The Executive Director and his/her assistant maintain an “open door” policy.  You may voice your concerns in an appropriate manner without fear of any negative impact of your continued employment.  Employee phone numbers are confidential and should be used for work purposes only.

§ 9114 Resignation/Separation.

An employee wishing to resign his/her position must give a 14-day written notice of resignation.  Failure to provide such a notice will result in forfeiture of any payout by UHCSSD to the employee from their Paid Time Off (PTO) bank.  No employee who has given their notice of resignation will be allowed to use time from their PTO or sick bank unless approved by the Executive Director.

Employees who wish to rescind their resignation may do so within 24 hours.  After that time the action may only take place with the approval of the Executive Director.  The Executive Director has the right to waive the employee’s 14-day notice.  In such case the employee would still receive a payout from their PTO bank.  Any employee separating employment from the facility, whether voluntarily or involuntarily must return any facility keys and any other facility property to his/her supervisor with which he/she has been entrusted.  The employee must also give their supervisor a brief as to their work in progress, before leaving the facility.  Failure by the employee to return their keys or make a brief to their supervisor may result in forfeiture of any PTO payout to the employee.  The facility reserves the right to have the Executive Director and/or the supervisor conduct an exit interview.  UHCSSD computer access will be changed at the point of termination and the employee shall not use passwords to facility equipment.

§ 9115 Withholdings.

The payroll manager may withhold payments from your paycheck for auctions, bake sales, meals, and other miscellaneous deductions you may ask to be withheld.  You must sign a form with the amount to be withheld from your check.  Meals will be automatically deducted from a sign-up sheet given to the payroll manager from the dietary manager.  If you have a discrepancy with this amount, you will need to check with the payroll manager and the dietary manager.