4100 Fair Employment Laws

Law

• Civil Rights Act of 1964, as amended — Title 7 of this law prohibits employment discrimination based on race, color, religion, sex and national origin.
• Age Discrimination in Employment Act of 1967, as amended — The law protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges in employment.
• Americans with Disabilities Act of 1990, as amended —The law prohibits discrimination against persons with disabilities in employment, transportation, public accommodation, communications and governmental activities. The law also establishes requirements for telecommunication relay services. An individual is considered to have a "disability" if she or he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.
• Equal Pay Act of 1963, as amended — The law prohibits sex-based wage discrimination between men and women in the same establishment who are performing under similar working conditions.
• §379.401 Personnel Policies

Notes

• If you are under the jurisdiction of the fair employment laws, the fair employment laws apply to personnel decisions that shelter centers make (for example, hiring, promotions, transfers, setting salary, benefits, disciplinary actions, evaluations and terminations). The fair employment laws also apply to the terms and conditions of employment, like prime assignments, shift scheduling, office space, car privileges and training opportunities. Shelter centers are liable when their employees violate any component of the laws.
• Every personnel decision the organization makes, such as promotions, transfers, setting salary, benefits, terms and conditions of employment, disciplinary actions, evaluations and terminations, must be made without respect to race, color, religion, sex and national origin.
• To reference the Civil Rights Act Title 7, go to www.eeoc.gov/policy/vii.html.
• To reference the Age Discrimination in Employment Act, go to www.eeoc.gov/policy/adea.html.
• To reference the Americans with Disabilities Act Titles I and V, go to www.eeoc.gov/policy/ada.html
• To reference the Equal Pay Act, go to www.eeoc.gov/policy/epa.html.
• Refer to the Texas Health and Human Services Commission (HHSC) Family Violence Program contract, Article 5, Section 5.04.

Suggested Practices

It is recommended that the board of directors:

• delegate to the executive director the function of ensuring that the organization is in compliance with the fair employment laws; and
• provide the executive director with the necessary resources to effectively carry out this function.

Further, it is recommended that the shelter center's personnel committee, employment attorney or a human resources professional keep the executive director informed of any changes made in the fair employment laws.

4200 Personnel Policies and Procedures

Law

• Fair Labor Standards Act — The law establishes minimum wage, overtime pay, record keeping and child labor standards affecting full-time and part-time workers in the private sector and in federal, state and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $6.55 per hour effective July 24, 2008; and $7.25 per hour effective July 24, 2009. Overtime pay at a rate of not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.
• Family Medical Leave Act — The law provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave. The law is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.

Notes

• The center must have written personnel policies, approved by the board of directors, and procedures for its personnel handbook that standardize everyday actions and conduct for all employees. All employees must have access to the personnel handbook and must be notified of new or changed personnel policies and laws.
• The personnel policies should include, but are not limited to, the following:
• employee benefits, including accrual of leave; and
• employees’ right to access their personnel files.
• To reference the Fair Labor Standards Act, go to www.dol.gov/esa/whd/flsa/.
• To reference the Family Medical Leave Act, go to www.dol.gov/dol/topic/benefits-leave/fmla.htm.
• For more information, refer to the HHSC Family Violence Program contract, Article 13, Section 13.06(aa).

Suggested Practice

None

4210 Contract Labor

Law

Internal Revenue Service (IRS) Regulation Publication 937

Under contract arrangements, the hired contractor is responsible for payment of all employment and income taxes and receives no benefits from the employer (insurance, leave, etc.). Contract laborers are not on the shelter center's payroll.

Notes

• For more information about IRS contract labor, see the IRS Regulation Publication 937 at www/irs.gov/pub/irs-pdf/p15a.pdf.
• Refer to the Contractor Personnel Management section of the HHSC Family Violence Program contract, Article 4.

Suggested Practices

None

4220 Equal Opportunity employment and Nondiscrimination Policies

Note

Refer to the HHSC Family Violence Program contract, Article 13, Section 13.06(aa) and Article 5, Section 5.04.

Suggested Practice

It is recommended that the shelter center:

• employ a diverse workforce that is representative of the communities served; and
• develop strategies to increase diversity of the staff.

4230 Rules of Conduct

Rules of conduct are organizational policies and procedures that define work conduct, rules and expectations.

Note

For more information, refer to the HHSC Family Violence Program contract, Article 4, Section 4.04.

Suggested Practices

It is recommended that the rules of conduct include:

• expected behavior toward each other, residents, nonresidents, volunteers, board members and the public;
• expectations for following shelter center policies;
• employee and resident/nonresident relationship standards;
• personal life issues that may interfere with work performance of self or others; and
• work and break schedules, if given.

4231 Sexual Harassment

Law

Civil Rights Act of 1964, as amended

Sexual harassment is unwelcome or unwanted conduct of a sexual nature (verbal or physical) by either sex, including same-sex harassment when the:

• submission to or rejection of this conduct could be a factor in decisions affecting personnel actions; or
• conduct interferes with the employee's ability to do her or his job by creating an intimidating, hostile or offensive work environment.

Notes

• Equal Employment Opportunity Commission (EEOC) guidance is available for additional information. To reference the guidance, go to www.eeoc.gov/policy/guidance.html.
• Refer to the HHSC Family Violence Program contract, Article 5, Section 5.04.

Suggested Practice

None

4232 Conflict of Interest

HHSC defines a conflict of interest as an employee who uses his or her position for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.

Notes

• It is recommended that conflict of interest policies include:
• expectations of ethical behavior;
• parameters of political involvement;
• rules governing lobbying activity;
• guidance for acceptance of gifts, meals and benefits not mentioned in the shelter center's policies and procedures; and
• outside employment.
• Refer to the HHSC Family Violence Program contract, Article 12, Section 12.02.

The broad definition of lobbying is any attempt to influence specific legislative action by either communicating with a legislative body (for example, city council, Congress, etc.) or by communicating with the broader public. Nonprofit organizations should be aware that while there are some restrictions on how much they are able to lobby (for example, they cannot use federal or state funding; cannot use more than certain percentages of their budget for those activities; should have policies governing and monitoring this activity), they still have a right to do so.

Suggested Practice

None

4233 Nepotism

Nepotism is favoritism shown to a relative on the basis of an immediate family relationship. Immediate family can be defined as parents, children, siblings, grandparents, same categories of in-laws, foster and step-children, and anyone living in the same household as a family member. Nepotism is present when individuals of these relationships (or those relationships as defined by the shelter center's written policy) are in any manager/employee relationship or in the chain of command.

Suggested Practice

It is recommended that the shelter center apply its nepotism policy in a consistent manner.

4300 Disabilities in the Work Force

4310 Americans with Disabilities Act (ADA)

Law

• ADA of 1990 Title 1, §101(9)

An employer is required to make reasonable accommodations to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer’s business.

• ADA of 1990 Title 1, §102(a)-(b)

This law pertains to job application procedures, hiring, firing, advancement, compensation, job training and other terms, conditions and privileges of employment.

Notes:

• This law is from the ADA of 1990 Title 1, §101(9) and §102(a)-(b), which can be found in 42 U.S. Code §12112(5)(a)-(b). "Reasonable accommodation" is defined in 42 U.S. Code §12111(9). To reference Title I of the act, go to www.eeoc.gov/policy/ada.html.
• Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources and the nature and structure of its operation.
• For more information regarding the ADA, refer to the HHSC Family Violence Program contract, Article 13, Section 13.06(aa)(C).

Suggested Practice

None

4320 HIV/AIDS

Law

ADA of 1990

Persons with HIV, symptomatic and asymptomatic, have physical impairments that substantially limit one or more major life activities and are, therefore, protected by the law.

Persons having known relationships with individuals who are HIV-positive may be protected from discrimination under this law.

Suggested Practice

None

4400 Employee Benefits

4410 Leave

Law

Family and Medical Leave Act of 1993 Title 1, §101(2)(d)

This act applies to employers with 50 or more employees, and provides up to 12 weeks of leave, for any 12-month period, after the employee has worked for at least 1,250 hours during the last 12 months. An employee is entitled to leave with or without pay, for medical or family needs. The employer must establish the system for using paid and unpaid leave against the 12 weeks allowable.

To reference the Family Medical Leave Act, go to www.dol.gov/esa/whd/fmla/

Note

Leave is a formal absence from work. Leave may be paid or unpaid. Types of leave commonly used are medical, family, administrative and annual (vacation). Leave without pay is an administrative mechanism used by management for a variety of purposes. Leave is requested and approved through established policies at the discretion of the organization's management.

Suggested Practices

The shelter center is encouraged to:

• provide at least 10 vacation days per year to new employees and 15 vacation days to staff with three or more years tenure, and to establish accrual limits on this leave,
• pay unused vacation to employees when the employee terminates employment with the organization, and
• promote family friendly policies in the workplace and implement various services and programs to support families in their workplace. For example, the shelter center can provide training for managers/supervisors to be sensitive to work/family issues.

4420 Staff Benefits and Procedures

Benefits are defined as medical, hospital, accident and/or life insurance; employee assistance; dental insurance; health and wellness programs; retirement benefits; bonus plans; leave (medical, annual, family, bereavement); housing; and terms and conditions of employment other than wage or salary compensation. Benefits are given in addition to wages and salaries as a form of compensation.

Suggested Practices

• The shelter center may develop work time and workplace policies, such as flextime, compressed work week, part-time employment, job-sharing or family-compatible work schedules that are predictable, yet flexible.
• The shelter center is encouraged to provide group medical/health, vision, dental, life and disability insurances, a retirement plan and access to an employee assistance program to all full-time employees and prorated benefits to part-time employees.
• The shelter center is encouraged to provide opportunities for staff to seek appropriate services when traumatized by a criminal event (for example, the murder of a resident child or woman by a batterer). When national or local family violence cases become publicized, the shelter center is encouraged to help the staff stay well informed by developing staff group discussions or by providing regular written updates.

4430 Staff Development

Suggested Practices

It is recommended that the shelter center:

• provide ongoing staff development to all staff, as well as annually assess training needs;
• plan regular meetings (for example, monthly or quarterly) to contribute to effective personnel organization;
• acknowledge staff accomplishments and contributions in a variety of ways; and
• encourage staff to offer input to management in developing guidelines for ethical communications.

4500 Employment Termination and Grievance Procedures

4510  Termination Procedures

Law

• Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985
• Health Insurance Portability and Accountability Act (HIPAA) of 1996

Termination is the separation of an employee from the active and inactive payroll. The employee, through resignation, retirement or job abandonment, may initiate separation. It may be initiated by the organization by involuntary termination, reduction in force and/or reorganization.

Involuntary terminations may result from poor job performance, violation of policies and/or unlawful acts.

Notes

• COBRA requires employer-sponsored group insurance plans to allow covered employees and dependents to elect to have their current coverage continued, at group rates, following a qualifying loss of coverage. The law applies to employers who customarily employed 20 or more employees on a typical business day in the preceding year.
• COBRA requirements can be found in 26 U.S. Code §4980B(f)(1)-(2) and 29 U.S. Code §1161(a)-(b). To reference the act, go to www.dol.gov/dol/topic/health-plans/cobra.htm.
• To reference how HIPAA affects COBRA, go to www.dol.gov/ebsa/publications/cobra.html.

Suggested Practice

It is recommended that the shelter center:

• for a reduction in force, provide employees a minimum of two weeks notice;
• for voluntary or involuntary terminations, develop an exit document that details the circumstances of the termination. In employee-initiated terminations, exit interviews can be used to gain information critical to retention issues; and
• for involuntary terminations, provide a termination letter clearly stating reasons for the termination, as well as related documentation (for example, date, time and specific cause), the effective date and time, the position title to be terminated and information of any COBRA or other benefits that continue past termination. If the employee has departed the facility, it is recommended that the letter be sent to the employee's home by both registered and regular mail.

4520 Grievance Procedures

Grievance procedures are methods to ensure fairness in the inevitable conflict between employers and employees.

Note

A written grievance policy is required for HHSC-funded programs. Grievance policies should detail internal systems created by employers to resolve grievances and disputes. The following categories of grievance policy content may include but are not limited to:

• a grievance to be filed on any work-related matter or work product,
• processing the grievance through a sequence of steps for review and response by management, and
• a final decision of the chief administrative officer.

Suggested Practice

To ensure resolution in an acceptable time frame, it is recommended that shelter center management set time frames for action by both parties. It also is recommended to use the internal resolution process before external review. However, at anytime, staff have the right to contact the Equal Employment Opportunity Commission at www.eeoc.gov/contact.html.

4600 Domestic Violence in the Shelter Center Workplace

Suggested Practices

It is recommended that policies and procedures regarding domestic violence in the workplace be written with the assistance of an attorney or human resources director and include the following:

• protocols for both victims and offenders who are employees;
• safety planning for victims who are employees;
• response to incidents that occur during and after work hours and that occur on and off the work site;
• supervisor’s options and responsibilities; and
• training for all employees, including:
• emphasis on confidentiality; and
• procedures for documentation.

For more information about developing model domestic violence in the workplace policies, go to the Family Violence Prevention Fund website at www.endabuse.org.

4700 Personnel Records

4710 Personnel Files

Law

§379.402 Personnel Files

Notes

• The U.S. Department of Homeland Security, Bureau of Citizenship and Immigration Services, requires Form I-9, Employment Eligibility Verification, be completed on each employee.
• For more information regarding the personnel file requirements of shelter centers due to the ADA, see the HHSC Family Violence Program contract, Article 13, Section 13.06(aa)(C).

Suggested Practices

It is recommended that each personnel file contain a checklist that documents required orientation and initial training, including dates of completion.

4720 Confidentiality and Personnel Files

Law

• ADA of 1990
• Immigration and Control Act of 1986

Notes

• To reference the Immigration and Control Act of 1986, go to www.dol.gov/esa/regs/compliance/.
• For more information regarding the personnel file requirements of shelter centers due to the Immigration and Control Act of 1986, see the HHSC Family Violence Program contract, Article 5, Section 5.03, and Article 13, Section 13.06(cc).

To reference the form and instructions, go to Employment Eligibility Verification page of the U.S. Citizenship and Immigration Services website.

• Employers are responsible for completing Form I-9, Employment Eligibility Verification, for all employees (citizens and non-citizens) hired after Nov. 6, 1986. Note that a Department of Homeland Security or Department of Labor officer can inspect the I-9s and does not need a subpoena or a warrant at the time of the inspection provided a three-day notice is given.
• Note the following for current I-9s, instructions, incomplete forms and photocopies.
• Be sure the organization provides the instructions to all employees completing Form I-9.
• Be sure the organization is using the current Form I-9 (revised 6-5-07). To obtain the current form, download it or request printed copies at the above-mentioned website.
• Be sure the organization completes Section 2 of the document, including the certification. The instructions for Form I-9 state that employers must complete Section 2 by examining evidence of identity and employment eligibility within three business days of the date employment begins.
• If the organization photocopies documents, note that the Handbook for Employers - Instructions for Completing Form I-9 states, "The law does not require you to photocopy documents. However, if you wish to make photocopies, you should do so for all employees and you should retain each photocopy with the I-9." Photocopies must not be used for any other purpose. Photocopying documents does not relieve the organization of its obligation to fully complete Section 2 of Form I-9, nor is it an acceptable substitute for proper completion of Form I-9 in general.
• To obtain a copy of Form M-274, the Handbook for Employers - Instructions for Completing Form I-9 (Employment Eligibility Verification Form), contact the Office of Business Liaison at Room 3034, 425 I Street NW, Washington, DC 20536; telephone 800-357-2099; fax 202-305-2523, or call the National Customer Service Center at 800-375-5283.
• All health and medical information must be maintained in a separate file. Refer to the HHSC Family Violence Program contract, Article 13, Section 13.06(aa).

Suggested Practices

• To increase confidentiality and reduce the liability of discrimination claims, it is recommended that the organization keep Form I-9 separate from personnel files. However, it is up to each individual organization to decide how to file Form I-9, as long as the contractor ensures the confidentiality of this document and ensures that the use of the document is only for employment verification. Only employees with legitimate reasons should have access to the I-9 forms.
• Keep personnel files and any other confidential information secure.
• It is suggested that the center not maintain complaints, allegations and investigation documents regarding the shelter center and staff in personnel files, but in a separate administrative file.
• For more information regarding confidentiality, refer to the HHSC Family Violence Program contract, Article 13, Section 13.06(cc).

4730 Release of Confidential Personnel Information

Law

• Personal Responsibility and Work Opportunity Reconciliation Act of 1996
  

  Section 453A of the Social Security Act, found at 42 U.S. Code §653A, as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), requires each state to establish and maintain a State Directory of New Hires to provide a means for employers to assist in the state's efforts to prevent fraud in the welfare, workers' compensation and unemployment insurance programs and locate and/or collect from absent parents who owe child support by reporting information concerning newly hired and rehired employees directly to a centralized state database. This subchapter establishes within the Office of the Attorney General (Title 4-D agency) a centralized employee registry called the State Directory of New Hires and establishes procedures for employers to report employee information to the State Directory of New Hires pursuant to Chapter 234, Subchapter B of the Texas Family Code.

• Federal IRS Regulations
• Texas Public Information Act (PIA)

Notes

The Texas Open Records Act was renamed the Texas Public Information Act in 1999. See Government Code, Chapter 552, §552.001, et seq. To reference the act, go to http://tlo2.tlc.state.tx.us/statutes/docs/GV/content/htm/gv.005.00.000552.00.htm#552.001.00.

• Effective Oct. 1, 1998, all Texas employers are required to report certain information on newly hired and rehired employees to a State Directory of New Hires. Information and forms can be found at www.newhire.org/tx/.
• Privacy issues – As required by federal law, the Office of Attorney General of Texas established safeguards for confidential information handled by the State Directory of New Hires. Once the state directory receives the data, it is transmitted over secure and dedicated lines to the National Directory of New Hires. To reference the Office of Attorney General of Texas safeguards for confidential information, go to www.oag.state.tx.us/AG_Publications/pdfs/newhire_pf.pdf.
• The shelter center should be aware that there are both federal regulations and state legislation regarding disclosure of board member, staff member, resident and nonresident personal information.
• IRS regulations require all nonprofit organizations to file an IRS Form 990 each year, on which the organization must disclose:
• financial information about the organization;
• the names of all board members; and
• the names of employees and their compensation, if their compensation is more than $50,000 per year.
• Since these IRS forms are considered public information, the shelter center should consider any safety concerns related to public access of this information. At a minimum, the shelter center should inform all board members and employees of this federal regulation.
• The shelter center might receive requests for records or information under the PIA that could endanger a current or former resident, nonresident, employee, volunteer or board member. While the shelter center must be aware of its possible duties and the exceptions under the PIA, it should also be concerned with protecting the confidentiality and safety of the person affected by the request.
• To reference the PIA, go to http://tlo2.tlc.state.tx.us/statutes/docs/GV/content/htm/gv.005.00.000552.00.htm.
• For more information regarding the personnel file requirements of shelter centers due to the PIA, see the HHSC Family Violence Program contract, Article 13, Section 13.06(cc)(4).

Suggested Practices

• The shelter center should take into consideration any impact that the PIA may have on the maintenance and release of personnel records. It is recommended that the shelter center require all requests for personnel and personal information be made in writing and that employees be informed of requests for their personal information.
• It is recommended that the shelter center write its policies and procedures regarding the PIA with the assistance of an attorney or human resource director and include the following:
• a clear statement regarding what information is exempt for family violence programs;
• designation of a PIA officer to handle PIA requests;
• response time (within 10 days);
• consultation with the shelter center's attorney to review the request; and
• coordination with the Texas Council on Family Violence, if the shelter center seeks the Office of Attorney General's opinion

4800 Drug-Free Workplace

Law

• §379.403 Drug and Alcohol Policy
• ADA of 1990 Title 5, §512(a)
• Drug-Free Workplace Act of 1988

Notes

• The ADA qualifies employees in treatment or recovery programs as disabled and protected.
• The law is from ADA Title 5, §512(a), which can be found in 42 U.S. Code §12114. To reference Title 5 of the act, go to www.eeoc.gov/policy/ada.html.
• Based on §379.403, if the shelter center management suspects that an employee has an alcohol or substance abuse problem that is affecting the workplace, management should ensure that all of the center's outlined policies and procedures are followed.
• Drug testing is not required under the Drug-Free Workplace Act of 1988. For more information about the Drug-Free Workplace Act, go to www.dol.gov/elaws/asp/drugfree/drugs/screen92.asp.

Suggested Practice

If the shelter center management suspects that an employee has an alcohol or substance abuse problem that is affecting the workplace, it is recommended that management focus on addressing the problems in work performance and/or disruptive behaviors. An employer may hold an employee who engages in the illegal use of drugs or abuse of alcohol to the same qualification standards for employment or job performance that it holds other employees, even if any unsatisfactory performance is related to the drug use or alcoholism of the employee. However, it is important to also note, in some instances, that employees with substance abuse issues may fall under the protection of the ADA.

4900 Recruitment and Employment Procedures

Law

Civil Rights Act of 1964 Title 7

Employers must use a system for recruiting applicants that does not impact any one protected class more than another and treats all applicants equally. Protected classes include race, color, religion, sex and national origin.

Notes

• Title 7 of the Civil Rights Act of 1964, §703(a), can be found in 42 U.S. Code §2000e. To reference Title 7 of the act, go to www.eeoc.gov/policy/vii.html.
• For more information regarding the recruitment and employment requirements of shelter centers due to the Civil Rights Act, see the HHSC Family Violence Program contract, Article 13, Section 13.06(1)(A).

Suggested Practices

• It is recommended that recruitment advertising be targeted, as well as widely broadcasted, to reach potential employees. Shelter centers are encouraged to consider non-traditional outlets, such as ethnic organizations, community leaders, professional associations, community-based newspapers or churches. For example, advertising exclusively in newspapers may limit access to qualified applicants with visual impairments.
• It is general practice to post positions for a two-week period. Extended periods may be considered for unusual requirements or particular skills.

4910 Interview and Hiring Procedures

Suggested Practice

It is recommended that the center develop written job-related hiring policies and procedures, including interview processes that are uniform for all candidates for a particular position.

4911  Interview Questions

Suggested Practices

• It is recommended that applicants be screened to be sure they meet minimum qualifications. It is recommended that interview questions be drawn from the job description, position requirements and current issues facing the organization.
• When interviewing candidates for a position, it is recommended that the shelter center ensure the following procedures are followed:
• Interview top candidates.
• Interview questions cannot solicit information regarding race, color, sex (including pregnancy or sexual orientation), age, national origin, disability or religion.
• Each candidate should be asked exactly the same questions.
• Each question should be related to the position.
• Interviewer should not ask about:
• hobbies or leisure interests,
• community activities not related to the job,
• neighborhood of applicant,
• car ownership,
• credit standing or bank account information,
• child care arrangements,
• marital status or pregnancy plans,
• sexual orientation or preference,
• religious observances, and
• fair employment law complaints that might have been filed by the applicant in a previous job.

4912 Reference Checking

Suggested Practices

It is recommended that:

• references be checked and that information be requested based on the tasks in the job description;
• the shelter center maintains written records of what was asked, who responded and what response was obtained; and
• when references are requested:
• provide neutral information and include job title, job responsibilities, job duties and period of employment; and
• give negative or positive references only when clear documentation supports the comments.

4920 Job Descriptions

4921 Fair Labor Standards

Law

ADA of 1990

Notes

• To comply with the ADA, the essential functions of the job must be identified. Essential functions of the job are those that cannot be given to another position.
• To reference ADA of 1990 Titles 1 and 5, go to www.eeoc.gov/policy/ada.html.
• For more information, refer to the HHSC Family Violence Program contract, Article 13, Section 13.06(aa)(C).

Suggested Practices

It is recommended that job descriptions be updated and reviewed annually to ensure that essential functions are identified. Job descriptions are evolving documents that the shelter center's management can change at any time, as needed.

4930 Staff Orientation and Training

Law

§379.404 New Employee Orientation and Training

Note

As required in §379.404, the shelter center must obtain a signed statement for receipt of the organization's personnel policies and procedures. During on-site monitoring visits, the HHSC contract managers will verify that all initial training and orientation requirements are met.

Suggested Practices

• A good way to document receipt of personnel policies and procedures is to develop a checklist of the components required by the organization, including those required by HHSC. Each can be initialed and dated as completed by the person providing the training. When complete, employee and supervisor can sign and date it.
• It is recommended that the supervisor or manager use the shelter center's personnel policies and procedures handbook as a guide for the oral orientation. It is also recommended that orientation programs include the shelter center's policies and procedures, organizational structure, work and behavior rules, and other conditions of employment. It is recommended that salary and benefit programs be explained in detail and that the orientation include formal introductions to other managers and employees and a tour of the facilities. It is recommended that the employee and manager or supervisor have a detailed and documented discussion regarding the manager's expectations for work performance, job description, duties and behavior.
• It is recommended that the number of hours of initial training be based on the complexity of the job description.
• It is recommended that these topics be covered with direct service employees and their supervisors:
• the dynamics of family violence, including the:
• definition of family violence;
• consequences of family violence crimes to the victim, the children and society as a whole;
• need to hold batterers accountable for their actions; and
• information that battering is:
• predominantly directed by men toward women but can occur in any type of intimate relationship; and
• is most often part of a process by which the batterer maintains control and domination over the victim;
• the relationship between family violence and drug and alcohol abuse, dating violence, sexual abuse, child abuse and animal abuse;
• eligibility, including the Civil Rights Act of 1964 Title 6, ADA of 1990 and other applicable civil rights laws and regulations as they relate to consumer services;
• the center’s mission and philosophy.

4940 Employee Evaluation

Note

Refer to the HHSC Family Violence Program contract, Article 13, Section 13.06(gg).

Suggested Practices

• The shelter center may wish to conduct additional evaluations during the year if there is a positive or negative change in the employee's performance.
• It is recommended that formal performance evaluations include at least the employee's:
• ability to reach performance goals as outlined in the job description;
• compliance with the shelter center's work rules, such as attendance and time management; and
• job-related behavior, such as ability to work with co-workers.
• Quarterly review and supervisory coaching sessions may be held to determine progress or problems occurring in daily task completion. It is recommended that:
• behaviors that interfere with the completion of tasks by the employee or prohibit co-workers from reaching performance goals be addressed;
• evaluations include a plan for improvement that outlines the employee's and the supervisor's responsibilities; and
• the direct supervisor document the employee's progress related to the improvement plan.

4950 Probationary Period

Note

The law does not require probationary periods.

Suggested Practices

If the shelter center decided to have probationary periods, it is recommended that it:

• develop written policies regarding probationary periods; and
• apply the policies uniformly.

4960 Required HHSC Direct Service Staff Positions

Law

• §379.405 Children’s Advocate
• §379.406 Legal Advocate
• §379.407 Volunteer Coordinator

Suggested Practice

It is recommended that when the shelter center provides legal assistance to either the victim or her children, the designated children’s staff and/or adult/family advocate coordinate with the designated legal advocate to develop a plan that best meets the victim and her children’s needs.