1. ProgressiveProgressive DisciPlineDisciPline
TrainingTraining

2. ∗ Probationary Period
Assessment
∗ Progressive Disciplinary Process
∗ FMLA
∗ Grievance Process
Agenda

3. GuidelinesGuidelines
•Respect for others and their ideas
•Focus on what you can control
•If you Oppose, Propose!
•One Person Speaking at a time - please
• Cell phones/electronic devices –pls turn
sound off…

4. ∗ At the end of this training you will have a better
understanding of the following:
∗ Purpose of the Probationary Period
∗ Progressive Disciplinary process
∗ Know what’s the Grievance Process and how it works
Objective

5. ∗ Ensure Compliance with:
∗ Code of Conduct (Employee handbook)
∗ Promote just cause
∗ Ensure Policies and Procedures are adhered
∗ Contract (CBA)
∗ Assist in the Progressive Discipline Process
Responsibilities of Labor Relations

6. ∗Why have a Probation
Period?
Probationary Assessment

7. ∗ The probationary period is the initial period of
employment, a kind of “trial period” during which the
supervisor carefully considers whether the employee
is able to meet the standards and expectations of the
job
Probationary Assessment

8. ∗ During this time, the supervisor appraises the employees:
∗ Ability to learn and perform the duties
∗ Quality of work
∗ Productivity
∗ Work Habits
∗ Cooperation
∗ Attendance
∗ Punctuality
Probationary Assessment

9. ∗ Identifies performance targets. Department and Hospital
expectations
∗ Affords regular supervisory interactions with new employee
∗ Gives the supervisor the opportunity to assess the
employees capabilities
Probationary Assessment

10. Probationary Assessment
∗ Provides formal feedback
on the employees
performance
∗ When there are concerns:
∗ Allows for set standards
to be revisited
∗ Provide support as
needed

11. ∗ This is an option available to the hiring manager and
should be used for the following instances:
∗ Absence from work due to illness (FMLA, LOA etc…)
∗ When there is a good chance that standards will be
achieved
∗ For any reason the supervisor is unable to the evaluate
employee
∗ The amount of time extending should reflect the
amount of time loss for what ever reason
Probationary Extension

12. ∗ Full time union employees, part time union employees
shall be considered probationary for a period of 90
days from the date of employment, excluding time
loss for sickness and other leaves of absence.
Probationary Periods

13. ∗ During or at the end of the probationary period, The
Hospital can discharge any probationary employee,
(with DOCUMENTED cause) and such termination
shall not be subjected to the grievance or arbitration
process
∗ Its imperative that you document the employees
shortcomings to safeguard yourself and the Hospital
Probationary Termination

15. ∗ Educator
∗ Facilitator
∗ Coach
∗ Counselor
∗ Enforcer
“The achievements of an organization are the direct results of
the combined effort of each individual” Vince Lombardi
Role of Managers/Supervisors

16.  Create a learning and patient safety culture to
produce the best possible outcome
 Ensure compliance with policies/procedures and
code of conduct to ensure effectiveness of the
systems
 Counsel employees around reliable behaviors and
recognize when remedial and disciplinary actions will
get us the results we desire
Supervisors/Manager’s Objectives

17. ∗ Policy and Procedure Manual
∗ Regulatory Postings
∗ Collective Bargaining Agreement
Workplace Rules

18. All your efforts at Educating,
Facilitating, Coaching and Counseling
have failed it now become time enter
the disciplinary process. If there is only
one piece of advice I could give to
everyone here is DOCUMENT IT /DATE
IT Immediately
“if it wasn’t documented and dated, it
didn’t happen”. If you are ever
required to go to court due to a
sensitive termination, documentation
will be your best friend

19. Documentation
∗ If possible, and when
necessary
documentation should
be signed by both
parties, dated, and
stored in the
employee’s personnel
file

20. ∗ Improves employees’ understanding that a performance problem
or the opportunity for improvement exists
∗ Provides a formal method of communication and documentation
∗ Improves employee morale and retention by demonstrating that
there are consequences for poor performance. This can result in
greater departmental efficiency and productivity
The goal of Progressive Discipline is to
improve performance, not to be punitive
Benefits of Progressive Discipline

21. ∗ Constructive and Corrective
∗ Uniform
∗ Fair and Impartial
∗ Consistent
∗ Prompt
∗ Followed-Up
Effective Discipline is…..

22. ∗ Coaching (First Step)
∗ First Written Warning (Second Step)
∗ Final Written Warning (Third Step)
∗ Suspension (depend on the severity of the infraction)
∗ Termination (Final Step)
Progressive Discipline Steps

23. ∗ To rectify misconduct or address marginal
performance in a just and constructive way.
∗ To reduce recurrence
∗ To improve employees performance
∗ To improve customer service.
PROGRESSIVE DISCIPLINE PURPOSE

24. Time & Punctuality: (under St.
Francis system)

25. ∗ Based under the St. Francis system ,the previous slide,
and as per the policy, the employee would have been
given a coaching and probably would have not
received anything for the remainder of the year.
Time & Punctuality: (under St.
Francis system)

26. Time & Punctuality: (under Mid-
Hudson system)

27. A. Minimum of one (1) year of service with the
organization
B. Minimum 1,250 hours worked within past rolling year
C. Twelve (12) weeks of unpaid leave during any twelve
(12) month period for one or more of the following
reasons.
D. Intermittent leave (employee is able to utilize day/s
while still maintaining active work status)
E. FMLA, is unpaid, but employee may utilize his earned
time accruals for FMLA
FMLA QUALIFYING GUIDELINES

28. ∗ For the birth and care of the newborn child of the
employee
∗ For placement with the employee of a son or
daughter for adoption or foster care
∗ To care for an immediate family member ( spouse,
child or parent) with a serious health condition
∗ To take medical leave when the employee is unable to
work because of serious health condition
LEGALLY OBLIGATED TO INFORM EMPLOYEES OF
FMLA RIGHTS.
FMLA (CONT)

29. ∗ Minor infractions
∗ First time offense
∗ Clearly communicate that it is a coaching, and that we
expect immediate, substantial and sustained improvement,
or the employee will be subject to further disciplinary
actions up to including discharge
∗ Written record of coaching is given to employee, file to
supervisor’s file, not in personnel file in HR
∗ Employee’s signature needed
Coaching

30.  Ensure that the employee has union representation
(Weingarten Rights)
 In the event that employee refuses representation,
ensure that a waiver is signed
 Indicate the problem
 Identify the rule and policy
 Indicate the most recent occurrence /infraction if it’s time
and punctuality please refer to the policy as it is written
(everything counts regarding absenteeism)
 Follow up with necessary action to be taken if necessary
Written Warnings (First and
Final)

31.  Allow the employee to feel at ease
 Watch your tone (avoid being angry and hostile)
 Address the specific problem or violation of a policy,
procedure or code of conduct
 Stick to the issue at hand
 Do not make personal judgments
Key points to remember……

32. ∗ Cite dates of occurrence
∗ Listen to what the employee has to say
∗ Discuss the impact of the employee behavior on the department
∗ Establish a plan of action
∗ Inform the employee of the consequences of any further
occurrence
∗ Specify a review period to monitor progress and KEEP IT
Key points to remember……

33. ∗ The Hospital does retain the right to administer counseling or
discipline in any manner appropriate.
∗ The policy does not modify the status of employees as at-will or
in any way restrict the Hospitals right to bypass the disciplinary
procedures suggested based on the severity of the situation
Key points to remember……

34. Call Human Resources
Suspensions/Terminations

35. ∗ Suspension pending investigation
∗ Suspension three (3) consecutive shifts (refer to
MHV Staffco Policy) or call Labor Relations
Manager
Suspension

36. ∗ Terminate in-person as much as possible to collect company
properties
∗ In case of job abandonment, mail a letter by regular mail
certified with return receipt. By Fed Ex, with request for
signature – Keep a copy of this letter for your file, send copy to
HR for employee file
∗ Clearly identify misconducts to minimize unemployment
insurance liability
ALL TERMINATION FOR CAUSE, MUST
BE APPROVED BY HUMAN
RESOURCES
Termination

37. ∗ Give specific example/s of current performance under
review
∗ Set reasonable goals within scope of job functions
∗ Measurements with time, monitor periodically (DO
NOT TARGET).
∗ Give updates on progress, weekly or bi weekly
meetings and it should be thorough.
COACHING

38. ∗ Step 1 – Investigation
∗ Step 2 – Is Discipline Appropriate?
∗ Step 3 – What Level of Discipline?
∗ Step 4 – Issuing the Disciplinary Action
Progressive Discipline Process

39. Progressive Discipline Process
∗ Information & Documentation is Key
∗ Voluntary quit:
∗ Signed Resignation
∗ Statement from person that
received the resignation from the
employee
∗ Record of attempts to resolve
claimant issue prior to resignation
∗ Refused Assignment
∗ Misconduct/Attendance:
∗ Detailed account of the final incident
that resulted in termination
∗ Timeline of events leading to
termination
∗ Warnings regarding similar infractions
(written/documented/verbal)
∗ Signed acknowledgement of company
policy relative to terminating
infraction

40. ∗ Select an appropriate time & place to meet with the
employee/Delegate and management witness
∗ Present the disciplinary action in a calm manner
∗ Refrain from issuing the discipline if the employee provides
additional relevant information that was not provided during
the investigation. You may need to do further investigation
∗ Document the discussion for your records (please be succinct
and thorough when writing your discipline, what did he/she fail
to do? What was the policy violated? (if there was a policy
violated, cite it) I want to see it in the discipline.
∗ If it is a clinical issue, please cite the infraction and the
corrective way of handling it, that also needs to be in the
discipline
Issuing the Discipline: Do…..

41. ∗ Yell or scream
∗ Base disciplinary actions on rumors
∗ Discuss an employee’s performance or conduct issues with
the employee’s co-workers
∗ Discipline employees in the presence of others
(co-worker)
∗ Discipline employees in the heat of the moment
Issuing The Discipline: Don’t…..

42. ∗ Signed and dated original to Human Resources
∗ Copy of disciplinary warning notice to remain in department file
∗ Employee receives a copy of disciplinary warning notice even if
she or he did not sign it
∗ This applies to written warnings, suspension and terminations
Disciplinary Warning Notice
Distribution

43. Management should never administer discipline or any
other adverse employment action without first
conducting a thorough investigation.
Thoroughly review the matter
Assemble pertinent data
Keep a checklist
Don’t be afraid to ask your employees for a statement
as to what occurred
Investigations

44. ∗ Make sure statements are signed and dated
∗ Try and obtain statements within 48 hours of
occurrence
∗ It is involves patients, ask for statements from staff
(Notify Risk Management and your supervisor)
∗ Do not interview your staff without Union
representation (if they are not proceed with the
interview process)
Investigations

45. ∗ Once you have completed your investigation Send
your findings to HR for review
∗ HR may ask for follow-up or conduct investigation
ourselves
HR Review

46. Grievance Process

47. Who can file a grievance?
∗ An individual employee
∗ A group of employees
∗ The Union

48. ∗ A grievance is defined as a complaint by a unionized
employee who feels that their rights have been violated
contractually with respects to a disciplinary action,
suspension, demotion and/or dismissal
∗ A non union employee has the same right as a non union
employee with the exception that this employee is not
covered by the CBA
What’s a Grievance

49. ∗ Step One – Grievance is presented to immediate supervisor
in writing
∗ Step Two – Department Director or designee
∗ Step Three – Labor Relations Manager or designee
∗ Step Four – Arbitration (Unionized employees only)
Steps in the grievance process
Note: grievances concerning suspensions and terminations
begin at the 3rd step.

50. ∗ Can file independently through the NLRB (National
Labor Relations Board)
∗ The NLRB is an independent federal agency that
protects the rights of private sector employees to join
together with or without a union to improve their
wages and working conditions.
Regional Office: 26 Federal Plaza
Room 3614
NY, NY 10278
212-264-0300
Steps in the grievance process for
non-unionized employees.

51. Questions

52. Arthur Holly, Jr., - Labor Relations Manager:
Ext. 5288
Labor Relations Contact Numbers