Employment
Intimidation, Discrimination, and Harassment
Avenue Home Care believes that all employees are entitled to a work environment free from all forms of intimidation, discrimination, or harassment. If any conduct whether verbal, visual, or physical in nature is considered to be inappropriate and unacceptable, the agency will take all such reports seriously. If any investigation confirms the activity occurred, corrective action will be initiated up to and including termination for cause.
Any employee who feels that he/she has been subjected to any form of intimidation, discrimination, or harassment should immediately report the incident to their supervisor or any member of management. If the supervisor is the offender, then the employee should report the incident to the agency administration. All reports will be kept confidential to the extent possible. The agency’s administration will make every effort to ensure that any complaints of sexual harassment or a hostile work environment are investigated promptly, fairly and without fear of retaliation.
Definitions
Intimidation is defined as undue pressure, bullying, or threats that negatively affect the job performance of both involved individuals.
Discrimination is defined as an unfair bias or prejudice that negatively affects and influences behavior toward another individual or group.
Harassment is any unwelcome nuisance, annoyance, or stalking either explicit or implied. Sexual harassment is any unwelcome sexual advancement. All such behavior is strictly prohibited.
Retaliation/WHISTLE-BLOWER Protection
All Avenue Home Care employees have the right to complain of illegal acts, fraud, abuse, discrimination, and harassment without retaliation. As long as employees act in good faith (for instance, by telling the whole truth to the best of the employee's ability and cooperating with any investigations), no adverse employment action will be taken against the employee for reporting such activities.
Information regarding possible violations of state or federal statutes, rules, or regulations, or violations of fiduciary responsibility may be anonymously reported by calling the California State Attorney General’s Whistleblowing Hotline at 1-800-952-5225. Best efforts will be followed to protect whistleblowers against retaliation.
Complaints will be handled with sensitivity, discretion, and confidentiality to the extent allowed by the circumstances and the law.
A written complaint may be submitted to the Compliance Officer per complaint policy if any person believes that they have been retaliated against for reporting an activity that the person believes to be fraudulent or dishonest. Any complaint of retaliation, including but not limited to threats or physical harm, loss of job, punitive work assignments, or reduced salary or wages, will be promptly investigated and corrective action taken where allegations are substantiated.
This protection from retaliation is not intended to prohibit managers or supervisors from taking action, including disciplinary action, in the usual scope of their duties based on valid performance-related factors, nor is it intended to preclude disciplinary action against individuals who report baseless allegations.
Employee Selection
Avenue Home Care considers its employee as the key component to its success in serving its patients and is committed to attract and retain qualified personnel to provide home care services. The selection process will be consistently applied and include a completed application, interview, at least three reference checks, license or certification verification (if applicable), educational requirements, eligibility to provide non-medical and medical home care services, competency checks (if applicable), criminal background check, immigration status, and such other items as appropriate to the position being filled and/or regulatory mandates.
California Department of Social Services Registration
All Home Care Aide applicants must be registered with the California Department of Social Services to be eligible to work. This registration is mandated by the State of California and cannot be waived.
reference checks
All applicants to positions at Avenue Home Care will be required to give two references and grant permission to the agency to verification the reference checks verbally and/or in writing. No applicant will be hired without verification of two positive references. All verbal references will be confirmed in writing.
Confidential Information Agreement
Upon hire, all employees must sign a Confidential Information Disclosure form. This form requires employees to keep confidential the confidential information disclosed by the other party. They also agree that for a period of five years following the term of this agreement the parties will not, in any manner or at any time, solicit or encourage any person, firm, corporation or other business entity who are customers, clients, employees, independent contractors, partners, vendors, suppliers, distributors, salesmen, business associates or referral sources of the disclosing party.
health assessment
A written health assessment and a current PPD or x-ray is required as a prerequisite of employment with Avenue Home Care for each employee who has direct client contact. It must be performed within 12 months prior to employment or within 15 days of assuming employment with the agency and be performed and signed by a licensed and legally authorized practitioner within his or her scope of practice. It will verify that the employee is free from health conditions that would interfere with the employee’s ability to perform assigned duties and contain verification that the employee is free from signs or symptoms of infectious disease.
new-hire period
Every Avenue Home Care new employee experiences an initial period of adjustment while learning about the agency and about his/her job. This is also an opportunity for the employee to learn if he/she is suited to and likes the new position. This initial period also gives the supervisor a reasonable period to evaluate the employee’s performance. This initial period of employment is to be considered as three months.
During this period of employment, the employee will be provided with training and guidance from his/her supervisor or other agency staff. The new employee may be dismissed at any time during this initial employment period if he/she is determined not to be performing satisfactorily. Under some conditions, the initial employment period maybe extended at the discretion of the supervisor or administration. Additionally, an employee may be terminated at-will, with or without cause and without prior notice, by the agency.
At the end of the initial employment period, the employee and supervisor shall discuss his/her performance and provide a review of the employee’s performance. If the employee’s job performance is deemed “satisfactory” at the end of the initial employment period, they will continue as an at-will employee of the agency.
employee categories
Avenue Home Care employees are categorized based on the conditions of employment as described below:
Full-Time : A full-time employee works 7 hours per day 5 days a week. Full-time employees can be classified as exempt or non-exempt per definitions below.
Part-Time: A part-time employee works 20 hours, but no more than 30 hours per week. Part-time employees can be classified as exempt or non-exempt per definitions below.
Temporary Employees: Temporary employees are hired for specific projects or time frames and work irregular schedules of less than 20 hours per week. A non-exempt temporary employee is paid hourly. An exempt temporary employee is paid per the terms of hiring. Temporary employees receive no additional compensation or benefits provided by the agency.
Employment Classifications
All Avenue Home Care employees are classified as either nonexempt or exempt under state and federal wage and hour laws. These classifications do not guarantee employment for any specific period of time. The following is only provided to aid employees in understanding their classification, status, and benefit eligibility.
Exempt Employee
Exempt employees are employees whose work IS NOT covered under the Fair Labor Standards Act (FLSA). Exempt employees are not covered by federal and state minimum wage and overtime requirements. An exempt employee’s salary is calculated on a weekly basis.
Non-Exempt Employee
Non-Exempt employees are those whose work IS covered by the Fair Labor Standards Act (FLSA). They are not exempt from federal and state laws governing minimum wage and overtime. Their salaries are calculated on an hourly basis.
Job Description
All Avenue Home Care employees shall receive upon hire their job description outlining their responsibilities, necessary qualifications, physical demands and work environment. You shall acknowledge upon receipt that the job description is not an exclusive list of the job functions and that they are expected to complete all duties as assigned. Management without notice may alter your job functions. You also agree that in signing acknowledgement and acceptance of the job description it in no way constitutes an employment agreement and that you are an at-will employee.
Criminal History, Disclosure, and Background Inquiries
Avenue Home Care provides home care services to individuals and families. These clients pay a premium for our services because of the character and competence of our professional field staff. In conjunction with these circumstances and the requirements of the State of California it is imperative that each of our employees has a background that reflects the excellent character and reputation of both the agency and each of our fellow employees.
The agency will comply with federal and state requirements all employees will be required to obtain a FBI/DOJ live scan which will be submitted to the California Department of Social Services (CDSS).
Employees/new applicants will not be “automatically” rejected because of past criminal records. Each employee/applicant with a background that is not acceptable to the CDSS will be given time to appeal the rejection but will not be eligible to work until the rejection is resolved.
Employees must, as a condition of employment, report any convictions under a criminal drug statute for violations occurring on or off agency premises while conducting business. A report of a conviction must be made within five days after the conviction. (This requirement mandated by the 1988 Drug-Free Workplace Act.)
drug screening
Avenue Home Care is a drug-free work environment. It reserves the right to require any employee to submit to a drug screen, which will be determined by the agency at its sole discretion. Every consideration will be taken to recognize and respect the dignity of the individual team member when collecting specimens for drug screening tests.
Under agency’s drug testing policy, current and prospective employees who work or would work in high-risk or safety-sensitive positions can be asked to submit to drug screening. No prospective employee will be asked to submit to screening unless an offer of employment has been made. An offer by Avenue Home Care, however, is conditioned on the prospective employee testing negative for drugs.
The agency will conduct random drug screening of up to 10% of agency staff once a year.
Before being asked to submit to a drug screening, the employee will receive written notice of the request or requirements.
If the employee is asked to submit to a drug screening, the agency will notify the employee of the results. To preserve confidentiality, the employee will be notified whether the test was negative or confirmed positive and, if confirmed positive, what the next step is.
If the employee receives notice that his/her results were confirmed positive, he/she will be given the opportunity to explain the positive result. In addition, the employee may have the same sample re-tested at a laboratory of the employee's choice at their expense.
If there is reason to suspect that the employee is working while under the influence of an illegal drug or alcohol, the employee will be suspended three days without pay until the results of a drug and alcohol test are made available to the agency by the testing laboratory.
Personnel Records
Avenue Home Care requires that employees keep their personnel records accurate and up to date. Employees are to promptly notify administration of any changes in name, home/mailing address, contact number, marital status, number of dependents, emergency contact person, or any other pertinent information.
All personnel records will be maintained in a complete and confidential manner. Health reports and I-9 forms will be maintained separately. Employees may obtain a copy of their personnel record with a written request to the administration.
The agency cooperates with federal and state authorities when requests for employee information are submitted. However, this information released is limited to dates of employment, current job title, location of employment, and verification of wages/salary. No other information will be provided without the employee’s written consent or as required by federal and/or state law.
Orientation and Continuing Education
Avenue Home Care is committed to ongoing quality improvement of our services. Part of the improvement program is to assure that all employees receive a thorough orientation and opportunities for continued growth and learning. All employees of the agency will be orientated to their respective job/role prior to beginning work with the agency. The agency also provides a schedule of continuing education opportunities. These schedules will be provided to you annually. It is our expectation that employees feel as positive about their continued growth as the agency does and will take advantage of the opportunities afforded either by the agency or outside agencies to learn.
Certain continuing education offerings are required on an annual basis:
Bloodborne Pathogen
HIPPA
Elder Abuse
Hand Hygiene
In addition to the required in-services above, all Certified Nursing Assistants (CNA) will be held accountable for obtaining 12 hours a year of continuing education. Other personnel will also be expected to show evidence of ongoing education. Pay raises will be evaluated based upon evidence of the employee’s continued learning and growth.
Performance Evaluation
Avenue Home Care is committed to your success. The agency provides each employee, with an evaluation upon completion of orientation and annually thereafter. The annual in-home observation shall be done by a qualified agency supervisor or designated peer observer and will include documentation review and a competency skill check. Performance evaluation is an on-going process and includes evidence of compliance with policies and procedures, patient satisfaction, and interpersonal and written communication skills. Clients, their families, and other agency personnel will contribute to your appraisal through direct contact with the agency supervisory staff and through client satisfaction surveys.
Measurable goals for the coming year will be developed with you, specifying any needed training or support identified. The employee will be asked to sign the evaluation indicating that it has been discussed with him/her. Signature does not indicate employee agreement with the evaluation only that they have read it. All personnel will receive a copy. The performance evaluation shall become a permanent part of your personnel file.
Transfers/Promotions
Avenue Home Care encourages all employees to seek higher-level positions or lateral transfer for which they are qualified. Generally, employees must have one year of service with the agency before applying for a new position. Any employee requesting a transfer will be considered with all other applicants. The agency also retains the right to initiate transfers of employees to meet specific work requirements.
The agency will offer qualified employees promotions to higher-level positions as appropriate and available. The agency prefers to promote from within the organization and may first consider current employees with the necessary qualifications and skills to fill vacancies above the entry level, unless outside recruitment is considered to be in the agency’s best interest.
To be considered for promotion, employees must have been in their current position for at least one year, received satisfactory performance reviews, and have had no disciplinary actions during the previous year. The agency retains the right to make exceptions to this policy.
Leaves of Absence
Scheduled Absence: A scheduled absence is any leave from work that has been requested in writing and approved by your supervisor in advance of a confirmed assignment. All absences must be reported to your supervisor at least twenty-four hours prior to beginning of your scheduled assignment, unless previous arrangements have been approved.
Unscheduled Absence: An unscheduled absence is any confirmed assignment workday that is missed without prior written notice and approval. A doctor’s approval for returning to work will be required for unscheduled absences of three or more days.
Jury Duty: Employees are encouraged to perform their civic duties by serving on a jury when called by the courts to do so or to appear as a witness in a trial. Time off will be granted to perform those duties and will be compensated for full time salaried employees. There will be no compensation for per-diem staff other than that provided by the courts.
Military Leave: Military leave is granted to those employees who must be absent from work because of their service to their country. Employees returning from military leave will be placed in a position they would have attained had they remained in continuous employment with the agency or in a comparable one depending upon the length of military service. The agency will follow the requirements of The Uniformed Services Employment and Reemployment Rights Act (USERRA).
Employee Separation
Requesting End to an Assignment: With the exception of an emergency situation, Avenue Home Care employees must give a two-week notice in writing to their supervisor to end an assignment.
Resignation: We hope your employment with Avenue Home Care is mutually satisfying experience. However, we understand that employees at times may need to voluntarily resign employment. The agency requests that all employees give a written two-week notice, prior to their resignation date, to remain in good standing and eligible for rehire.
Job Abandonment: Employees who do not accept job assignments for three consecutive months will be deemed to have voluntarily resigned. In addition, if you fail to report to work or contact your supervisor for three consecutive workdays you shall be considered as having abandoned your job without notice at the end of your normal shift on the third day. You may be determined to be ineligible to be rehired.
Return of Agency Property: All employees leaving employment with Avenue Home Care must return all agency property, including uniforms, personal protective equipment, cell phones, keys, computers, and identification cards. Failure to return items may result in deductions from final paycheck.
Exit Interview: All separating employees at the time of resignation be scheduled for an exit interview that will be conducted normally on the last day of work or a mutually agreed upon date. The separating employee shall contact the Human Resource department as soon as notice is given to schedule an exit interview. The interview will be on the employee’s last day of work or another day, as mutually agreed on.
rehire
Former employees who left Avenue Home Care in good standing and were classified as eligible for rehire may be considered for reemployment. An application must be submitted for any job opportunity and the applicant must meet all minimum qualifications and requirements of the position. Rehired employees begin benefits just as any other new employee. Previous employment will not be considered in seniority, leave accruals, or any other benefits.
Any employee who is terminated for violating an agency policy or who resigned in lieu of termination due to a policy violation is ineligible for rehire.
Grounds for Disciplinary Action /Termination
In order for Avenue Home Care and you to be successful, certain applicable laws, policies, procedures, and agency rules must be followed. The following behaviors have been determined by the agency to be by their very nature so harmful to our business that any participation on an employee’s part may be grounds for immediate termination or other disciplinary action.
Absence from work without notice, excessive absenteeism; failure to report to an assigned shift on time and without notice of the delay or failure to observe agreed upon working hours including overtime.
Use, sale, possession, or being under the influence of either drugs or alcoholic substances while on duty or otherwise engaged in agency business.
Possession of a weapon with or without permit while on duty.
Theft or dishonesty of any kind.
Falsification of time records or other agency records.
Misappropriation or use of agency property, another employee’s personal property, or the client’s property, including using either the agency’s or the client’s home/office or phone for personal business.
Gambling while on duty with either your own property or that of the clients.
Insubordination, physical or verbal abuse of other agency employees, visitors, or clients.
General use of vulgar or inappropriate language or statements that could be considered discriminatory in nature and a violation prohibited by law.
Inappropriate behaviors, unwanted advances, or physical contact with other employees or clients.
Non-cooperation with co-workers, supervisors, and/or clients and their families.
Substandard work performance.
Failure to follow universal precautions, safety rules, and common sense with regard to safety of yourself and/or the client.
Acceptance of work with an agency client without notifying the office.
Failure to respect the client’s own wishes/rules while in their home.
Causing client complaints related to performance judgment, ethics, or competency.
Divulging confidential information either about the clients or the agency’s proprietary information, talking without authorization to outsiders, or holding unauthorized secondary employment.
Failure to report an on-the-job injury to supervisor within 24 hours.
Disciplinary Action
It is the policy of Avenue Home Care that all employees have the opportunity to identify and correct non-compliant job-related actions in a consistently fair process that promotes personnel retention and positive home health care outcomes. Most workplace performance issues are handled by informal discussion and counseling between supervisor and employee. Employees who have been found to have violated agency polices or federal, state, or local laws, may be subjected to the progressive disciplinary process described below. Depending on the nature of the offense, the formal process may be bypassed and the employee terminated immediately.
No action will be taken against any employee without a full investigation on the part of the agency. An employee who is accused of a violation will have a full opportunity to state their side of the situation. If the employee is dissatisfied with the ruling of their supervisor, they may petition agency administration, seeking a review by the owner/administrator.
Corrective Counseling/Verbal Warning
The agency truly believes that most workplace issues can be handled with informal discussion with corrective counseling and a verbal warning. This action is at the discretion of the supervisor and the severity of the incident.
Written Warning and Corrective Action Plan
Within five days a supervisory investigation will disprove or confirm employee’s non-compliance with policy or procedure. The employee has the right to a non-attorney witness present during any corrective action meeting. A written warning and corrective plan will be documented in the employee’s confidential personnel files. This process may be repeated if progress is being made, but resolution has not been completed.
Final Written Warning/Suspension
If employee is found to not have made progress to resolve the issues of initial written warning, then they will receive a final written warning and suspension with pay that includes time frame and conditions for returning to work. Suspension will require administration’s approval. If removal from the workplace is authorized, the employee’s time off is with pay until investigation determines suspension without pay or termination is justified.
Demotion/Retraining
After receiving the final written warning and suspension, the employee faces demotion with retraining and a corrective action plan to assure future compliance.
Termination
If an employee fails any of the above, they face termination. Time frame and their rights will be explained at the time of notice.
Gifts and Favors
No Avenue Home Care employee shall solicit or accept any gratuities, favors, or anything of significant monetary value from any person or party while representing the agency. Significant value is defined as something that cannot be consumed or used up within 24 hours or has a face market value of more than $25.00. Special care must be taken to avoid even the impression of a conflict of interest.
You are not to accept gifts from clients. Any gifts are to be reported to your supervisor or agency administration immediately.
You also are required to sign a general waiver of beneficiary upon hiring. It is understood that by doing so you waive all rights to any beneficiary status in any clients will, even after leaving the employ of Avenue Home Care.
Political Activities
Avenue Home Care employees may participate and contribute to political organizations and campaigns, including governance of your local community. However, this participation must be done on your own personal time. At no time shall the resources of this agency be used for the purpose of supporting—directly or indirectly—any political issues, committees, and/or candidates for federal, state, or local levels.