Designing Your Organization to Support Your IL Mission A National Conference Participant's Manual July 15-17, 2002 Milwaukee, WI Contributors to the training materials: Maria Dibble Shari Coatney Darrell Lynn Jones Raweewan Buppapong Kristy Langbehn Carri George Richard Petty Dawn Heinsohn 2002 IL NET, an ILRU/NCIL Training and Technical Assistance Project ILRU Program NCIL 2323 S. Shepherd 1916 Wilson Boulevard Suite 1000 Suite 209 Houston, Texas 77019 Arlington, Virginia 22201 713-520-0232 (V) 703-525-3406 (V) 713-520-5136 (TTY) 703-525-4153 (TTY) 713-520-5785 (FAX) 703-525-3409 (FAX) ilru@ilru.org 1-877-525-3400 (V/TTY - toll free) http://www.ilru.org ncil@ncil.org http://www.ncil.org Permission is granted for duplication of any portion of this manual, providing that the following credit is given to the project: Developed as part of the IL NET: an ILRU/NCIL National Training and Technical Assistance Project. IL NET is funded through a special provisions cooperative agreement with the U.S. Department of Education, Rehabilitation Services Administration, Agreement No. H132B99002. Table of Contents Agenda About the Trainers List of Trainers and IL NET Staff About ILRU About NCIL About IL NET Learning Objectives Southeast Kansas Independent Living Resource Center Services Manual Board of Directors Policy and Procedures of Southeast Kansas Independent Living Resource Center Employee and Agency Policies and Procedures Manual Organization Analysis: Where is Your CIL Going? And Is It Getting There? Southern Tier Independence Center Five Year Advocacy Plan AccessAbility Newsletter DESIGNING YOUR ORGANIZATION TO SUPPORT YOUR IL MISSION July 15-17, 2002 Milwaukee, WI AGENDA MONDAY, JULY 15 8:30 a.m. Continental Breakfast 9:00 10:00 a.m. Personal Perspectives on Implementing Values & Philosophy 10:00-11:15 a.m. Group Exercise What Is a CIL? Define the following eight elements and describe how they operate within a Center for Independent Living [15 minute break at 10:45] 1. Consumer controlled 2. Both market driven and philosophy driven 3. Community based 4. Non-residential 5. Cross-disability 6. Combines service delivery & systems advocacy 7. Views disability issues in terms of "civil rights" rather than "special services." 8. Resists evaluation systems that are paternalistic or product-driven (e.g. not based on how many people got placed somewhere but how many personal goals the consumer met). 11:00-12:00 Group Reports & Discussion 12:00-1:30 Lunch on Your Own 1:30 2:30 Building a Board and a Staff with an Effective Philosophical Foundation 2:30 3:00 Designing Your Documents to Support Your Values and Mission - personnel policy - by laws - job descriptions - procedure manual - long range plans (developed with consumer involvement) 3:00 3:15 Break 3:15 4:15 Designing Your Documents continued 4:15 4:45 Discussion and Q &A 4:45 5:00 Summary of the Day and Overview of Tomorrow [Be thinking about how you want to portray your organization to your community] 5:00 Adjourn for the Day TUESDAY, JULY 16 8:30 a.m. Continental Breakfast 9:00 10:00 Group Exercise - What are the Various Considerations You Need to Take Into Account When Planning Your Approach to Your Marketing Populations? - funders - media - business people - policy makers - general public 10:00-10:45 Group Reports and Discussion 10:45-11:00 Break 11:00-12:15 Strategies for Maintaining Your Philosophy When Working With Different Community Populations 12:15 1:45 Lunch on Your Own 1:45 3:00 Building Programs & Services That Reflect Your Philosophy - structuring advocacy into everything you do (and reducing tension between services vs. advocacy) - planning based on consumers' needs - taking on "traditional case management" such as home and community based waiver programs, but doing it in an advocacy oriented manner - data collection during individual advocacy to capture data which reveals systemic advocacy problems - true cross disability definition and implementation - cognitive disabilities issue - definitions of independence, consumer choice, etc.; what they are and are NOT 3:00 3:15 Break 3:15 4:45 Skits an Examination of Best Practices in Service Delivery 4:45 5:00 Wrap-up and overview of next day WEDNESDAY, JULY 17 8:30 Continental Breakfast 9:00 10:30 Getting Started - Building Community 10:30-10:45 Break 10:45-12:00 Getting Started continued - Setting Priorities 12:00 Training Ends About the Trainers Shari Coatney has been the CEO of Southeast Kansas Independent Living Resource Center in Parsons, Kansas for eight years. She oversees a regular staff of 65, a PCA program of 950 workers, seven offices and a $9.5 million budget. She is also a board member of the Kansas Association of Centers for Independent Living and the Kansas Commission for Disability Concerns. Maria Dibble is a graduate of Binghamton University with a B.A. in sociology and is one of the founders of Southern Tier Independence Center in Binghamton, New York. She has been its Executive Director for nearly 19 years and developed it from an initial funding level of $100,000 to its nearly $2.5 million currently. She oversees a regular staff of 35 people and a part- time staff of up to 150 people. Maria is also chair of the New York Statewide Independent Living Council. Trainers Shari Coatney CEO Southeast Kansas Independent Living, Inc. P. O. Box 1035 Parsons, Kansas 67357 620-421-5502 (voice) 620-421-0983 (TTY) 620-421-3705 (fax) Shari Coatney scoatney@skilresourcectr.org Maria Dibble Executive Director Southern Tier Independence Center, Inc. 24 Prospect Avenue, Fifth Floor Binghamton, New York 13901 607-724-2111 (voice & TTY) 607-722-5646 (fax) mdibble@stic-cil.org IL NET STAFF ILRU Lex Frieden Laurie Gerken Redd Executive Director Administrative Coordinator lfrieden@ilru.org lredd@ilru.org Richard Petty Carri George Program Director Publications Coordinator richard.petty@bcm.tmc.edu cgeorge@ilru.org Laurel Richards Dawn Heinsohn Training Director Materials Production Specialist lrichards@ilru.org heinsohn@ilru.org ILRU Program 2323 S. Shepherd Suite 1000 Houston, TX 77019 713-520-0232 (V) 713-520-5136 (TTY) 713-520-5785 (FAX) ilru@ilru.org http://www.ilru.org NCIL Anne-Marie Hughey Executive Director hughey@ncil.org NCIL 1916 Wilson Boulevard Suite 209 Arlington, VA 22201 703-525-3406 (V) 703-525-4153 (TTY) 703-525-3409 (FAX) 1-877-525-3400 (V/TTY - toll free) ncil@ncil.org http://www.ncil.org Kristy Langbehn Project Logistics Coordinator kristy@ncil.org Darrell Lynn Jones Training Specialist darrell@ncil.org Raweewan Buppapong Project Assistant toony@ncil.org ABOUT ILRU The Independent Living Research Utilization (ILRU) Program was established in 1977 to serve as a national center for information, training, research, and technical assistance for independent living. In the mid-1980's, it began conducting management training programs for executive directors and middle managers of independent living centers in the U.S. ILRU has developed an extensive set of resource materials on various aspects of independent living, including a comprehensive directory of programs providing independent living services in the U.S. and Canada. ILRU is a program of TIRR, a nationally recognized, free- standing rehabilitation facility for persons with physical disabilities. TIRR is part of TIRR Systems, a not-for-profit corporation dedicated to providing a continuum of services to individuals with disabilities. Since 1959, TIRR has provided patient care, education, and research to promote the integration of people with physical and cognitive disabilities into all aspects of community living. ABOUT NCIL Founded in 1982, the National Council on Independent Living is a membership organization representing independent living centers and individuals with disabilities. NCIL has been instrumental in efforts to standardize requirements for consumer control in management and delivery of services provided through federally-funded independent living centers. Until 1992, NCIL's efforts to foster consumer control and direction in independent living services through changes in federal legislation and regulations were coordinated through an extensive network and involvement of volunteers from independent living centers and other organizations around the country. Since 1992, NCIL has had a national office in Arlington, Virginia, just minutes by subway or car from the major centers of government in Washington, D.C. While NCIL continues to rely on the commitment and dedication of volunteers from around the country, the establishment of a national office with staff and other resources has strengthened its capacity to serve as the voice for independent living in matters of critical importance in eliminating discrimination and unequal treatment based on disability. Today, NCIL is a strong voice for independent living in our nation's capital. With your participation, NCIL can deliver the message of independent living to even more people who are charged with the important responsibility of making laws and creating programs designed to assure equal rights for all. ABOUT THE IL NET This training program is sponsored by the IL NET, a collaborative project of the Independent Living Research Utilization (ILRU) of Houston and the National Council on Independent Living (NCIL). The IL NET is a national training and technical assistance project working to strengthen the independent living movement by supporting Centers for Independent Living (CILs) and Statewide Independent Living Councils (SILCs). IL NET activities include workshops, national teleconferences, technical assistance, on-line information, training materials, fact sheets, and other resource materials on operating, managing, and evaluating centers and SILCs. The mission of the IL NET is to assist in building strong and effective CILs and SILCs which are led and staffed by people who practice the independent living philosophy. The IL NET operates with these objectives: Assist CILs and SILCs in managing effective organizations by providing a continuum of information, training, and technical assistance. Assist CILs and SILCs to become strong community advocates/change agents by providing a continuum of information, training, and technical assistance. Assist CILs and SILCs to develop strong, consumer- responsive services by providing a continuum of information, training, and technical assistance. Designing Your Organization to Support Your IL Mission LEARNING OBJECTIVES Participants will be able to: 1. Build and maintain a board of directors and staff that understand and practice the independent living philosophy. 2. Design their organizational documents to provide the philosophical framework that will guide activities. 3. Market their organization in a way that makes clear and preserves the integrity of the IL mission. 4. Devise and deliver programs and services that are genuinely consumer-directed, empowering and inclusive. SOUTHEAST KANSAS INDEPENDENT LIVING RESOURCE CENTER SERVICES MANUAL TABLE OF CONTENTS Agency Overview 3. Mission Statement 3. Independent Living Movement 4. Service Area and Outreach Office 4. Funding 4. Consumer Eligibility 4. Getting Started 4. Services 5. Five Core Services 5. Individual Advocacy 5. Systems Advocacy 5. Information and Referral 6. Peer Counseling 6. Independent Living Skills Training 6. Deinstitutionalization 6. Other Services Offered 7. Housing 7. Communication Services 7. Vocational Services 7.,8. Children, Youth, and Family Services 8.,9. Individuals with Disabilities Education Act (IDEA) 9. Americans with Disabilities Act (ADA) 10. Title I - ADA and Employment 10.,11. Employer Requirements and Tax Incentatives 11. Title II - State and Local Government 11.,12. Title III Public Accomodations and Commercial Facilities 12. Home and Community Based Services 13. Self Directed Care 13. Physically Disabled Waiver 14. Frail and Elderly Waiver 14. Head Injury Waiver 15. Mentally Retarded / Developmentally Disabled Waiver 15.,16. Technology-Assisted Children Waiver 16. Private Pay 16. Self Directed Waiver Personal Services 16.,17. Assistive Technology 17.,18. Physical Restoration 18. Social and Recreational Services 18. Technical Assistance 18. Transportation Services 19. Mobility Training 19. Preventive Services 20. Independent Living Assessment 20. Abuse, Neglect, and Exploitation 20. Consumer Grievance Procedure 21.,22. Agency Overview Southeast Kansas Independent Living Resource Center, Inc. is a non-profit agency established in November of 1992. SKIL was formed by a group of concerned individuals who identified a lack of resources for individuals with disabilities, their families, and the communities. This group sought funding from the State of Kansas to become an Independent Living Center as identified in Title VII of the Rehabilitation Act as amended in 1978, 1986 and 1992. The State awarded the Grant and the first Consumer- organized and Consumer-controlled advocacy organization, for all types of disabilities in Southeast Kansas, was established in Parsons. The founders became the first members of the Board of Directors and from there the mission of the Center was devised. Mission Statement Empower, Integrate, and Maximize Independence for all persons with disabilities. S.K.I.L. was created by; is driven by; and is focused on persons with disabilities, their families and communities. We provide Advocacy, Education, and Support with Customer Controlled services to break down and remove existing barriers and bridge social gaps to ensure and preserve Equality and Independence for all. Independent Living Movement SKIL joined other Independent Living Centers across the State to actively pursue the Independent Living Philosophy of Consumer Control and Consumer Choice, and began the journey to remove barriers to integration within the communities; to assist individuals to lead independent and self-determined lives; and to pursue their civil rights. As the Independent Living Movement has progressed, the Agency has experienced significant growth. Service Area and Outreach Offices SKIL has a defined service area of Labette, Neosho, Cherokee, Crawford, Montgomery, Chautuaqua, Wilson and Woodson counties. However, SKIL will provide services throughout the State of Kansas when the need is present. Outreach offices currently exist in Montgomery, Neosho, Cherokee Crawford, Wilson, and Woodson counties with the main office remaining in Labette county. Funding The Center relies on private donations, grants, State funded services and the support of the community to fund many of the services provided to individuals free of charge. Consumer Eligibility Southeast Kansas Independent Living will serve any individual with a disability and/or family member of a person with a disability who resides in the State of Kansas without regard to race, religion, color, national origin, ancestry, sex age, or type of disability. SKIL provides services to communities within the Southeast Kansas region. Getting Started When accessing SKIL services, you will be assigned an Independent Living Coordinator who will sit down and talk to you about your goals, desired outcomes, and what resources are available to you. At this time you will be offered the option to develop an Independent Living Plan or to waive this plan. The Independent Living Plan gives direction and guidance for services being rendered and also provides a mechanism to measure the progress and effectiveness of services. It is a working tool. After the plan is developed or waived, it is up to you and your Coordinator to work together to achieve your desired outcome. The Coordinator will provide services through your direction and choice. However, the Coordinator will not be able to provide services that are in violation of the Independent Living Philosophy, or any government, service provider or SKIL policy. Services Five Core Services SKIL provides five core services as required by the State of Kansas. The Core Services are identified as: Individual and Systems Advocacy Information and Referral Peer Counseling Independent Living Skills Training Deinstitutionalization Although these services have a definition, SKIL provides these services and all services with Consumer Control, therefore, each service is tailored to meet the individual needs of the Consumer accessing services. The identified definitions are as follows: Individual Advocacy is assistance with individual human rights issues and is done to support changes for that individual. Systems Advocacy is assistance with individual human rights issues and is for all persons with disabilities. This can be done at the local, state, and national level. Information and Referral is providing information on specific disability related topics and referral to the appropriate entity. This service is done for casual consumers as well as consumers with active consumer service records and Independent Living Plans. Peer Counseling is provided by a person with similar disabilities who supports, mentors, and acts as a role model for another individual with a disability. In addition to focusing on disability-related issues, peer counseling can help the consumer with coping skills and self esteem issues. Independent Living Skills Training is provided to persons who need training on basic life skills such as comparison-shopping, budgeting, cooking, transportation skills, and social skills. These individuals receive instruction on an individual basis or in a group setting, to develop specific skills necessary to achieve independent living goals. IL Skills Training includes various skills necessary to live a more independent and self-sufficient life within the home and community of the individuals choice. Deinstitutionalization is a term used by the Independent Living Movement to address independent living services for individuals who are institutionalized. The premise of this service is to ensure that individuals needing long term services and support, have the option to choose those services in the home and community, or nursing homes or other institutions. Information is provided about the full array of options available. Referrals are made to assist the individual in obtaining services necessary to live as independently as possible within the community. Counseling is also provided to address issues such as securing assets and belongings exhausted by and through institutionalization. Follow-up is provided for those who want further information and assistance. Other Services offered: Housing SKIL assists in locating available housing for individuals that will meet their financial, vocational, and accessibility needs. Again, this service is provided in accordance with the individual's personal preferences and through the individual's direction. SKIL also advocates with property owners, assists with budgeting for household needs, and advocates for more affordable and accessible housing. To ensure housing is appropriate for individuals with disabilities, services may include assisting in appropriate accommodations and modifications of any space. Funding for this service is based upon community and State programs and resources. Funding is allocated according to program guidelines and eligibility determination of the program. For example: funds can be obtained through home and community based programs. Communication Services Communication is an important aspect in every person's life, but for those individuals who cannot communicate without Assistive devices, these services are essential and provide the individual with the equipment necessary to understand and communicate with other individuals. Services available are as follows: 1. Interpreter and other services for the deaf. 2. Reader and other services for the blind. 3. Telecommunications--sensory and other technological aids and devices. SKIL's Assistive Technology Specialists can assist in locating communicating services needed or in providing information about potential funding sources to purchase equipment required for consumers to communicate with others. Vocational Services SKIL offers a variety of vocational services to assist individuals with disabilities in identifying their individual employment goals, gaining skills needed to meet goal, preparing and locating gainful employment. Services include: 1. Information and Referral to existing service providers. 2. Assessment 3. Job Preparation training 4. Resume Development 5. Employment Search 6. Interview Preparation 7. Resource and Services Coordination (public transportation, child care, etc.) 8. Job Coaching (if available) 9. Job Site Evaluation 10. Information and Assistance with Assistive Technology Devices and Accessiblity Modifications 11. Employer information on Work Incentives and Tax Incentives. SKIL also works collaboratively with Vocational Rehabilitation services to serve individuals who have an Individualized Written Rehabilitation Plan through VR and request services from SKIL in conjunction with VR. Childern-Youth-Family Services Childern, youth, and families are eligible to receive services through SKIL. Training for children and youth is provided to develop skills specifically designed to promote self-awareness and self-esteem, develop advocacy and personal power skills, and to explore career options. Services available are as follows: 1. Five Core Services 2. Assessment of needs. 3. Assistive Technology for home, school, and adult life to increase independence. 4. Technical Assistance and Advocacy for the Individualized Education Plan (IEP) which is offered through the school system in order to document the child's needs and the special services that can assist in meeting those needs. 5. Transition Plans for youth ages 16-18 years of age designed to assist them in preparing for the transition from School to College and/or Adult life. 6. Providing children and youth education to help them understand their rights and the freedom to retain personal dignity. Family Services Family Services are available to family members of an individual with significant disabilities for improving the individual's ability to live and function more independently or to improve his/her ability to find and or continue in employment. Parents/Responsible parties are offered peer counseling, support, and the opportunity to make contact with families in similar situations for additional support; diverse perspectives on coping; and approaches to barriers to integration and independence. The Independent Living Coordinator can assist in making referrals and gathering information concerning the individual's disability and the availability of resources for that disability. In addition, SKIL and the Assistive Technology Project have an equipment loan system available to families and individuals to try out equipment before purchasing. Individuals with Disabilities Education Act (IDEA) The Individuals with Disabilities Education Act (IDEA), as amended and signed into law May 14, 1997, by President Clinton, is designed to strengthen and improve academic achievements for children with disabilities and entitles these children to a "free appropriate public education." IDEA has become an important factor for teachers, families and children with disabilities. When a child with disability turns 14, the IEP team, including the teachers and parents, identify how the current schoolwork will help the child reach his/her goals upon graduation. Then at age 16, the IEP must include a statement of the specific transition that will be needed to enable the child to progress in education and employment after they finish High School. IDEA also provides transitional programs for infants, toddler, and preschoolers with disabilities. IDEA states that infants and toddlers should receive services in the home, thus improving the coordination and transition for children from infant and toddler programs to preschool programs. Americans with Disabilities Act (ADA) The Americans with Disabilities Act was signed into law by President Bush on July 26, 1990. This law was the world's first comprehensive civil rights law for individuals with disabilities that provides legal protection to ensure equal opportunity and access to the mainstream of American Life. (Preamble to the ADA Handbook) There are three sections of the ADA: Title I Employment, Title II State and Local Government Services, Title III Public Accommodations and Commercial Facilities. Title I ADA and Employment The ADA makes it unlawful to discriminate in all employment practices such as: recruitment, hiring, promotion, training, lay-off, firing, job assignments, leave, employment benefits, and all other related employment activities. The ADA also makes it unlawful for an employer to discriminate against an applicant or employee, disabled or not, because of the individual's family, business, social, or other relationship with an individual with a disability--for example, an assumption formed by the employer that the employee's relationship to an individual with a disability would affect their job performance, and form actions caused by bias or misinformation concerning disabilities. The ADA is enforced by various federal agencies such as the U.S. Equal Employment Opportunity Commission (EEOC), the Department of Justice (DOJ), and by state and local rights enforcement agencies that work with these agencies. Employment Protection by the ADA covers the following individuals: 1. Individuals that have a "physical or mental impairment that substantially limits a major life activity." A substantial impairment is defined as one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working. 2. Individuals with a record of disability. For example: a person who has recovered from cancer or mental illness. 3. Individuals who are regarded as having a substantially limiting impairment, even though they may not have such impairment. For example, an individual who has a severe facial disfigurement and is refused a job, although a qualified applicant, due to the fear or "Negative reactions" of the customers or co-workers, that individual is regarded as having a limiting impairment. Under the ADA law, a qualified individual with a disability is an individual who meets the skills, experience, education, and other requirements of the employment position in which he/she is applying. The individual must be able to perform the essential functions of the position with or without reasonable accommodation. Reasonable accommodation is a modification or adjustment to the job or environment that will enable the applicant with a disability to participate in the application process and to perform the essential job functions of that certain job. This also helps to assure that a qualified individual with a disability has rights and privileges in employment that are equal to those of employees without disabilities. The employer can select the most qualified applicant, which is not necessarily the applicant that has a disability. Employer Requirements and Tax Incentives Businesses are responsible for adjusting a work environment that permits a qualified applicant or employee with a disability to: · Participate in the job application process. · Perform the essential functions of a job. · Enjoy benefits and privileges of employment equal to employees without a disability. Businesses are allowed to receive a deduction of up to $15,000 per year for expenses associated with the removal of qualified architectural and transportation barriers. A tax credit is also permitted for certain costs of compliance with the ADA. Eligible access expenditures include the necessary and reasonable costs of removing architectural, physical, communication, and transportation barriers; providing readers, interpreters, and other auxiliary aids; and acquiring or modifying equipment or devices. Title II State and Local Government Services The ADA law requires any State or local government and any of its agencies and departments to make accessible all activities, programs and services including activities of courts and State legislators, town meetings, police and fire departments, motor vehicle licensing, and employment. (ADA Handbook). SKIL provides technical assistance to the SEK City and Governmental Agencies to alleviate barriers and build comprehensive transition plans. SKIL also provides advocacy to residents of the communities that have a grievance in respect to the ADA. Assistance is provided with filing formal complaints with the Dept. of Justice, the State Attorney General, and accessing the Mediation Program. According to the ADA Handbook, "Private parties my bring lawsuits to enforce their rights under Title II of the ADA." "A reasonable attorney's fee may be awarded to the prevailing party." Appendix N. Title III Public Accommodations and Commercial Facilities The ADA law requires public businesses such as restaurants, hotels, theaters, doctor offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers, to provide accommodations for individuals with disabilities. SKIL advocates for individuals with disabilities in regard to public accommodations. SKIL stays updated on legislation and new laws that are currently being passed and that will affect individuals with disabilities in Southeast Kansas. SKIL provides ADA surveys to businesses in order to inform them of areas in which public accommodations are not being met. SKIL also meets with these businesses to let them know how to improve and make modifications that will meet ADA requirements. SKIL works cooperatively with the Dept. of Justice, the State Attorney General Office, and Kansas Advocacy and Protective Services to ensure the civil rights of individuals are not violated. A Mediation program has been established on a nationwide basis to assist in resolving ADA disputes. There is no charge for this service. Contact the SKIL office for further information. Home and Community Based Services (HCBS) Home and Community Based Services is used statewide as a model of care that allows individuals with disabilities the freedom to choose and receive assistance in a variety of areas in their lives. HCBS can be self-directed care, in which the individual may choose and manage services that are needed in his/her life, or non-directed care in which services are provided through Agency direction. HCBS is goal-oriented and is used by Southeast Kansas Independent Living (SKIL) Resource Center to counsel and teach individuals to manage their disabilities and to live independently. Self-Directed Care is the right to choose and control one's own person of choice to assist in the home (attendant services) and is offered through Medicaid Waivers to HCBS eligible individuals in the state of Kansas. These waivers are agreements between State and Federal governments, which allow the state to implement new programs that expand the boundaries of regular Medicaid. Attendant services enable an individual in need of in- home care to live in the individual's home and community, rather than an institution or nursing home and to enable that individual to carry out functions of daily living, self-care, and mobility. Advantages of self-directed care include, but are not limited to: selecting, training managing, paying, and dismissing of an attendant, allowing the individual to retain dignity and independence in decision-making. HCBS allows the individual needing and receiving services to choose whom to live with family, a roommate, or on his/her own. This service is provided by an agreement between the consumer/employer and S.K.I.L., the payroll agent. Assistance with this Service is provided upon request of the individual and only to the extent requested. Medicaid waivers are not intended to offer long-term care services, but to assist in transition into the community. Medicaid Waivers include the following: The Physical Disabled Waiver (HCBS/PD) assists individuals who are 16-64 years old with a physical disability and who need personal assistance with daily activities of living. Individuals are counseled and taught how to manage their disabilities and live independently. Services Available: 1. Personal Services 2. Assistive Services 3. Independent Living Counseling SKIL is the point of access for individuals needing PD Waiver services. SKIL provides individuals with a Uniform Assessment, which determines the eligibility for services. The Consumer is presented options and choices on existing service providers and services are coordinated in accordance with the Consumer's preferences. The Plan of Care is developed in accordance with the Attendant Care Worksheet and with the Independent Living Counselor of the Consumer's choice. The Frail and Elderly Waiver (HCBS/FE) assists individuals that are 65 or older and who are in frail health by providing long- term care services in the least restrictive environment and by allowing the individual to remain in the setting of his/her choice. Services Available 1. Adult Day Care 2. Health Care Attendant 3. Personal Emergency Response 4. Respite Care 5. Sleep Cycle Support 6. Medical and On-Medical Attendant Care 7. Night Support 8. Medical Alert 9. Durable Medical Equipment 10. Drug and Alcohol Therapy Access to these services is through the Area Agency on Aging (AAA). The AAA is responsible for determining eligibility for services and presents the Consumer with choice of service provider or service providers available within the area. However, the Case Management for these services will always be provided by AAA. The AAA Case Manager will work with the Consumer in developing a Plan of Care and will coordinate service delivery. SKIL provides referrals to the AAA to determine eligibility. SKIL will then provide services as requested by the Consumer and coordinated through the AAA Case Manager. The Head Injury Waiver (HCBS/HI) assists individuals who have experienced brain damage resulting in impairment of mental and physical functioning which led to a disability. Recipients must be 18-55 years only. Eligibility is based upon whether the individual would require institutionalization in the head injury rehabilitation facility without the services provided under this program. Services Available: 1. Physical, Occupational, and Speech Therapy 2. Case Management 3. Transitional Living Skills 4. Cognitive and Behavior Therapy 5. Home Modification 6. Medical and Non-Medical Attendant Care 7. Night Support 8. Medical Alert 9. Durable Medical Equipment 10. Drug and Alcohol Therapy The Mentally Retarded/Developmentally Disable Waiver (HCBS/MR/DD) Assists individuals over the age of 5 who are diagnosed as being mentally retarded or developmentally disabled and require a significant level of care. Services Available: 1. Case Management 2. Supported Home Care 3. Training in Specific Work Skills 4. Wellness Monitoring 5. Medical Alert 6. Residential Rehabilitation 7. Supported Family Living 8. Rehabilitation 9. Respite Care 10. Home Modifications 11. Van Lifts 12. Night Support Access to these services is done through the Community Developmental Disability Organizations (CDDO). The CDDO is responsible for determining eligibility for services and presents the Consumer with choice of service providers available within the area. After the Consumer chooses a service provider or service providers, the process begins to develop a Person Centered Plan and a Plan of Care. This will determine how much support the individual needs and who will provide it. SKIL provides referrals to the CDDO to determine eligibility. SKIL will then provide services as requested by the Consumer and coordinated by the Case Manager. SKIL is a provider of Case Management Services through the MR/DD Waiver and may be chosen as the provider by the Consumer. The Technology-Assisted Children Waiver (TA) assists children only between the ages of birth and 18 years old and who depend upon a respirator, require total parental care for nutrition or a similar condition to sustain life, and who without these devices are at a high risk of being placed in an institution or in a nursing home. Services Available: 1. Medical Assistance Devices 2. Case Management 3. Expanded Medical Equipment Private Pay Private Pay Services are also available to individuals who do not quality for a Medicaid Waiver but need assistance in activities of daily living due to a disability. An Agreement is entered into by the individual seeking services and the Center. The individual must also enter into an Agreement with the individual they hire to provide services. Services are billed and an invoice is sent to the individual explaining the charges. Private Pay services may also be used on a temporary basis. Self-Directed Waivered/Personal Services As a recipient of Home and Community Based Services you have the option to select, train, manage, pay, and dismiss your Personal Care Attendants through self-directed care. An agreement is entered into between SKIL, the payroll agent, and the Consumer, who is the employer, to provide payroll services to the Consumer's employees. SKIL also provides billing services to the State Fiscal Agent on behalf of the Consumer/Employer to secure the Consumer's funding to provide wage reimbursement, appropriate FICA, Workers' Compensation, State Unemployment, Benefits, and administrative costs incurred on the Consumer's behalf and in accordance with the Plan of Care. Assistive Technology The Assistive Technology for Kansas Project makes a difference in the lives of individuals of any age and with any disability in adjusting to the environment in which they live and work. "Assistive Technology can make things easier for people without disabilities, but for those individuals with disabilities, Assistive Technology makes things possible." Assistive Technology can take on many different forms and includes anything that improves daily living and working capabilities of individuals with disabilities. The goal of Assistive Technology is to make an individual as independent as possible. The Assistive Technology for Kansas Project was initiated in the State of Kansas in 1993--the-43rd State to offer this program-- and will be federally funded for ten years. There are five Regional Assistive Technology Access Sites in the State of Kansas. Southeast Kansas Independent Living (S.K.I.L.) Resource Center was awarded the site for Southeast Kansas. The Assistive Technology Specialists assist in providing options for funding information and referral, advocacy, and working with school-aged students in need of services. Services that are available are as follows: 1. Information about systems and devices available. 2. Information about potential funding sources for Assistive Technology. 3. Advocacy services for accessing Assistive Technology 4. Referral to agencies providing technology services, therapy, and training. 5. Training and public awareness presentations on Assistive Technology, and funding. 6. Access to the Interagency Equipment Loan System and other loan centers where you can borrow a device to try before you buy. The Individuals with Disabilities Education Act requires that states provide a free, appropriate public education, including related services, for all children with disabilities between the ages of 3-21. This law recognizes the fact that children with disabilities might need Assistive Technology devices and services to help them receive an education equal to that of other children. Physical Restoration Physical Restoration services are rendered through maintenance of available resources for medical services, health maintenance, visual services, and prosthetic and assistive devices. Technical assistance is also provided to access services needed. Social and Recreational Services SKIL provides assistance in accessing community activities and recreational and social events by providing information on upcoming events as well as providing technical assistance with transportation issues. Technical Assistance SKIL provides a variety of technical assistance services to persons with disabilities, their families, and the community. This service is rendered through an "on hands" approach and is done at the request and to the extent the individual requests. SKIL utilizes their expertise on diverse disabilities to assist individuals in removing barriers, creating social and physical options, and improve independent living opportunities. Examples may include: accessibility surveys, information provided to businesses or employers on Americans with Disabilities Act, speaking engagements on disability awareness, etc. Transportation Services The objective of transportation services is to assist individuals with services that would increase mobility and access to the community. Transportation services are provided primarily through arranging for provisions to be made through public transportation, natural supports, waiver services if applicable, and volunteers. However, provisions for transportation may be made for essential requests when no other alternative is available. Mobility Training SKIL provides mobility training to persons with physical, sensory and cognitive disabilities. This may involve training on assistive devices that aid in accessing the community and assist the person in getting around in their homes. Technical assistance may also be provided in accessing services to provide a more specialized training when necessary. Preventive Services Preventive Services are provided by assisting individuals in accessing services needed in order to prevent an increase in severity of existing disability and/or preventing additional disabilities. Independent Living Assessment Assessments are provided to persons who are exploring service options to aid in determining services options that will most benefit the person's needs and preferences. Assessments are also provided when individuals are leaving institutional settings and are entering the community. Abuse Neglect and Exploitation If you have questions about abuse, neglect and exploitation please contact your Independent Living Coordinator or Independent Living Counselor. If you feel that you have been abused, neglected, or exploited, contact the ABUSE, NEGLECT, EXPLOITATION Hot Line at: 1-800-922-5330 Consumer Grievance Procedure Should a problem arise between the Consumer and SKIL regarding Independent Living Services and/or Home and Community Based Waiver Services, the following information / procedure will offer assistance in working out a possible solution, however, the Consumer has the right to contact the Client Assistance Program or the Kansas Department of Social and Rehabilitation Services during any part of the grievance process. 1. A Consumer, who has a grievance resulting from some action of SKIL Resource Center or any SKIL employee, may file a written grievance specifically detailing his/her complaint. This shall be submitted to the Chief Executive Officer no later than thirty (30) calendar days after the occurrence. 2. The CEO shall complete an investigation within ten (10) working days of receiving the grievance and shall report the resulting corrective action plan to the Consumer and other parties involved. 3. If the grievance continues after the implementation of the corrective action plan and/or at the dissatisfaction of the Consumer, the Consumer shall advise the CEO and the Board of Directors in writing of his/her intent to pursue the grievance. 4. Within forty (40) calendar days of the notice to pursue the grievance, the Executive Committee of the Board of Directors shall meet and permit the Consumer to explain the grievance and present supporting evidence relevant to the issuer. 5. If the grievance pertains to the conduct of any employee or volunteer of SKIL, that person shall be encouraged to be present to explain his/her actions and to present any supporting evidence relevant to the issues. 6. The Executive Committee will have ten (10) working days to report their findings and to provide the parties with a corrective action plan. 7. The Executive Committee will review the progress and resolution of the matter within thirty (30) calendar days of the corrective action plan. 8. If the concerns are not resolved to the satisfaction of the Consumer, in regards to HCBS Waiver Services, he/she has the option to submit a request for an appeal in writing to: Kansas Department of Social and Rehabilitation Services Administrative Hearings Officer 610 West 10th, 2nd Floor Topeka, KS 6612 For Independent Living Services the Consumer may contact the Client Assistance Program by calling (800) 432-2326, a telecommunications device for the deaf is available at this number or write to: Client Assistance Program Kansas Rehabilitation Services Kansas Dept. of Social and Rehabilitation Services Biddle Building, 1st Floor 300 SW Oakely Topeka, KS 66606 Consumer Assistance Unit 1-800-766-9012 Board of Directors Policy and Procedures Of Southeast Kansas Independent Living Resource Center 1801 Parsons Plaza/PO Box 1035 Parsons KS 67357 (620) 421-5502 Revised Effective Nov. 1998 Southeast Kansas Independent Living Resource Center Empower, Integrate, and Maximize Independence for all persons with disabilities. S.K.I.L. was created by; is driven by; and is focused on persons with disabilities, their families, and communities. We provide Advocacy, Education, and Support with Customer Controlled services to break down and remove existing barriers and bridge social gaps to ensure and preserve Equality and Independence for all. Table of Contents Chief Executive Officer pg. 5,6 Expense Reimbursement pg. 7,8 Grievance Procedure pg. 8,9,10 Introduction pg. 2 Job Description pg. 1 Liability pg. 4 Lines of Authority pg. 3 Non Discrimination pg. 4 Responsibility pg. 2,3 Board of Directors Job Description Title: Member of SKIL Board of Directors Reports To: Board President/Chairperson Term: Indefinite until resignation, removal or death Purpose: To serve on the Board of Directors as a voting Member; develop policies and procedures for the operation of SKIL; to monitor finances of the Center; to provide overall direction to the Center and its programs; and to monitor the quality and effectiveness of services. Meeting · Regularly attend meetings as scheduled Attendance: (about 6/year) · Attend committee meetings if a member · Attend board retreats, trainings, and other board activities · Attend and participate in special events as needed Obligations · Establish policy Of the Board: · Maintain By-Laws · Select/supervise/evaluate and dismiss CEO · Secure adequate funds · Monitor finances · Maintain and update long-range plans Specific · Attend meetings and show commitment to Duties: board activities · Be well informed in issues and agenda items in advance of meetings · Contribute skills, knowledge and experience · Listen respectfully to others point of view participate in Center decision- making · Support fund raising efforts · Represent the Center to the public and private industry · Educate yourself about the needs of the people served · Be a strong advocate for disability rights and the Independent Living Movement Introduction These policies have been established by the Board of Directors of Southeast Kansas Independent Living Resource Center in conjunction with the established By-laws. These policies were designed to assist the board in implementing the By-laws through policy and procedure. Board of Directors Responsibility It is the basic responsibility of all board members to oversee the progress, growth and overall performance of the Center. This is accomplished through established functions provided by the board of directors. · Setting policies. The board of directors' primary function is to establish policies that ensure that the Center is being operated effectively, legally, and ethically. These policies are the foundation for the Chief Executive Officer, who is responsible for implementing board policies and managing the organization. · Establishing and Maintaining By-Laws. By- laws are rules that govern when and how the board operates. These by-laws were composed when the Center was established. By-laws include a description of how the board operates such as how many members sit in the board; how many board members constitutes a quorum; and how long a member's term is. The board is responsible for maintaining these by-laws as an accurate reflection of how the board operates. · Guiding Long-range planning and development. The board of directors gives direction to the Center through long-range goals, which generally extend three to five years in the future. During the planning process, boards are asked to assess the present and future needs of the community. The long-range plans developed by the board are then used in planning for fiscal budgets and the financial aspects of the Center. Plans for fund raising by the board are also evaluated based upon the long-range plans. · Raising and managing the organization's funds. As a "Trustee" for the Center's funding, it is the responsibility of the board to ensure that funding is being spent efficiently and effectively in delivering services. Board members are also responsible for securing adequate funds for future goals and long-range plans established by the board. This means supporting the agency in fund raising efforts. · Personnel. The board is not directly involved in the securing of the Center's employees, however, the board is responsible for approving personnel policy and procedures and salary scales and performs a role in the Center's grievance procedure. · Chief Executive Officer. The board of directors is responsible for supervising and annually evaluating the performance of the Chief Executive Officer. · Appointing committees. It is periodically necessary to delegate some of the board affairs to working committees to assist in providing groundwork and details to assist the board in decisions as a whole. Committee functions are critical to boards that delegate issues for study, review, evaluation, and board recommendation. · Property. The board is ultimately responsible for the preservation of all owned, leased, and borrowed property of the Center. · Leadership Development. The quality of the board of directors is the key to the success of the Center. Ongoing leadership development is essential for any board to assure the continuance and progression of the quality of leadership, the Center, and the Independent Living Movement. Lines of Authority The board of directors is charged with overall management and supervision of the Center. The board shall exercise responsibility for hiring and supervising the CEO. The CEO is charged with the day-to-day operations of the Center. The Center director is responsible for overall supervision of Center personnel and setting agency administrative structure. The Center staff is charged with providing the agency functions and providing services in accordance with their job duties and through the direction of the CEO. Non-Discrimination The board of directors and the Center shall not discriminate against any person on the basis of race, color, religion, national origin, ancestry, age, sexual orientation, and disability status of gender under any circumstances. The board will ensure the Center is an Equal Opportunity Employer and is committed to the compliance with the Americans with Disabilities Act and shall ensure reasonable accommodations to all board members, applicants, volunteers, staff, and consumers. Board of Directors Liability The expectation is that the board of directors for Southeast Kansas Independent Living Resource Center will fulfill their duties in a responsible manner. However, the members have protection against liability in most instances from identified resources. These resources are statutory and D&O insurance. Kansas law provides civil immunity to volunteers, in this instance board members, of 501 (c) organizations, provided the organization has general liability, therefore, the board of directors are subject to this limited immunity. Additional information on this Kansas law can be obtained from the SKIL office or the Kansas Insurance Commission. SKIL also secures Directors and Officers (D&O) Insurance. This insurance covers loss from damages, settlements, and defense resulting from actual or alleged wrongful acts. Loss does not include punitive or exemplary damages, fines, penalties, etc. Wrongful act includes act, error, omission, mis-statement, neglect or breach of duty for insured individuals in the discharge of their duties solely in their capacity as directors of SKIL. Chief Executive Officer Relations with Board · Keeps board informed of organization activities, progress and issues. · Is receptive to board member ideas and suggestions. · Makes sound recommendations to board action. · Facilitates the decision-making process for the board. · Accepts board criticism as a constructive suggestion for improvement. · Provides constructive advice in a positive way. · Follows up on all problems and issues brought to their attention. Management Skills and Abilities · Maintains a friendly, efficient, and consumer focused administrative office. · Prepares all necessary reports and keeps accurate records. · Proposes organizational goals and objectives prior to each fiscal year. · Prepares and submits fiscal budget to board for direction and approval. · Is well organized and is able to provide board with all pertinent information. · Is progressive in attitude and action. · Adequately follows through on tasks and plans. Services to People Served · Supports and Advocates for the Independent Living Philosophy and upholds the Center's Mission Statement. · Is progressive in providing services and decision- making. · Provides services and programs in accordance to consumer needs. · Accepts direction and suggestions by people served and responds appropriately. Selecting and Hiring The board of directors is responsible for the interviewing and hiring of the Chief Executive Officer. Salary and Fringe Benefits The board of directors is responsible for establishing the CEO's salary and fringe benefit compensation. The board will annually review the CEO's current compensation in accordance with the annual performance review and evaluation. Performance Review and Evaluation The board of directors shall annually review the job performance of the Chief Executive Officer. This will be performed at the June board meeting. The board will review the CEO's job performance based on criteria determined by the board of directors. The board will evaluate the performance in executive session and provide recommendations for modifications in wage and benefit compensation. The board will then end executive session and report back to the board meeting to reflect any compensation changes in the meeting minutes. Wage and Fringe Benefit Modifications will also be maintained in the CEO's agency personnel files. Grievance and Termination The board of directors is responsible for the termination of the Chief Executive Officer; however, every effort will be made to resolve issues prior to the termination of the CEO. The board of directors will provide the CEO with a written account of any complaints or grievances the board may have. The board will provide the CEO opportunity to respond verbally to the written documentation. The board will then with the input of the CEO devise a corrective action plan. The CEO shall have thirty days to initiate the implementation of the corrective action plan and at the end of the thirty days the board will hold an executive meeting to discuss the progress on the corrective action plan. If at that time the board feels that the matter has not been addressed satisfactorily, the board my recommend the termination of the CEO. Expense Reimbursement The board of directors may be reimbursed for expenses incurred when acting on the behalf of the Center in accordance with the By-laws Article V-Officers. Travel Reimbursement Mileage Board of director's members may be reimbursed for mileage expenses when incurring mileage in connection with affairs and activities of the Center. Mileage is reimbursed at a rate of thirty cents (.30) per mile. Mileage must be submitted on the Center mileage forms. Mileage is reimbursed once a month at the end of the month. Mileage sheets must be completed and turned into the office by the 25th of the month, any sheets reaching the office after the 25th will not be reimbursed until the end of the following month. All mileage sheets are reviewed and approved by the CEO. Mileage paid prior to the expenditure must be approved by the board of directors. Food / Travel Expense Board members may be reimbursed for food and other travel expenses when incurring these expenses in connection with the affairs and activities of the Center when approved by the board of directors. Expenses paid prior to the expenditure must be approved by the board of directors. This reimbursement pertains to three circumstances when traveling. These are: 1. Board members who are required by the nature of the trip and approved by the board to stay overnight will be reimbursed on a per diem basis of thirty ($30) dollars per day. 2. Board members who are required to travel on agency business out of SKIL's service area with approval of the board for one-day trips will be reimbursed on a per diem basis of fifteen ($15) dollars per day. 3. Board members who are required to travel on agency business out of State with the approval of the board will be reimbursed on a per diem basis of sixty ($60) dollars per day. 4. The board of directors' discretion will be used when approving accommodation expenses. All other expenses for travel must be approved by the board of directors. Food/travel expenses will be recorded on Mileage sheets with detailed information on the date, nature of trip, and designated food or other expense. All provisions pertaining to Mileage reimbursement in regards to timelines and procedures for reimbursement apply to the food/travel expenses as well. Grievance Procedure As the overall leadership and direction of the Center, the board of directors plays a significant role in the grievance process for both employees and consumers. Employee Grievance Employee's experiencing a grievance are to adhere to the agency grievance policy and procedure. Employees seeking resolution to issues follow the chain of command: direct supervisor, CEO, and then board chair. The board of directors becomes involved when the employee's grievance has not been satisfactorily resolved. The board procedure is as follows: · The board chair shall be presented in writing with the grievance. · The board chair then has 30 calendar days to contact all involved parties including the CEO and arrange for an executive committee meeting. · The executive committee shall meet not exceeding 10 calendar days following the initial 30-day time period. · The executive committee then shall impartially listen to all parties involved. · The executive committee then has 10 working days to inform the parties of their findings and present the parties with a corrective action plan. · The executive committee will then review the progress and resolve the matter within 30 calendar days of the corrective action plan. · The executive committee will report to the board of directors a brief overview and summation of the grievance and the corrective action plan at the regularly scheduled board meeting. · The grievance and corrective action plan documentation will be kept on file by the board chair and be held confidential. Employees with a grievance may contact the Kansas Department of Human Resources at any time. Consumer and Personal Care Attendants Grievance Consumers or their Personal Care Attendants experiencing a grievance are to adhere to the policy and procedure. Consumers/PCA's seeking resolution to issues are to follow the chain of command: direct supervisor, CEO, then board chair. PCA grievance pertains only when it concerns an action of SKIL. Any grievance that the PCA has with their employer/Consumer must be solved through the employee/employer relationship. SKIL will only be involved as an advocate at the request of the consumer. The board of directors becomes involved when the Consumer/PCA's grievance has not been satisfactorily resolved. The board procedure is as follows: · The board chair shall be presented in writing details of the grievance. · The board chair then has 30 calendar days to contact all involved parties including the CEO and arrange for an executive committee meeting. · The executive committee shall meet not to exceed 10 calendar days following the initial 30-day time period. · The executive committee then shall impartially listen to all parties involved. · The executive committee then has 10 working days to inform the parties of their findings and present the parties with a corrective action plan. · The executive committee will then review the progress and resolve the matter within 30 calendar days of the corrective action plan. · The executive committee will then review the progress and resolve the matter within 30 calendar days of the corrective action plan. · The executive committee will then report to the board of directors a brief overview and summation of the grievance and the corrective action plan at the regularly scheduled board meeting. · The grievance and corrective action plan documentation will be kept on file by the board chair and be held confidential. Consumer/PCA'S with a grievance may contact the Client Assistance Program and/or the Kansas Advocacy and Protective Services at any time. EMPLOYEE AND AGENCY POLICIES AND PROCEDURES MANUAL Southern Tier Independence Center Binghamton, New York Southern Tier Independence Center EMPLOYEE AND AGENCY POLICIES AND PROCEDURES MANUAL TABLE OF CONTENTS About Independent Living and Southern Tier Independence Center 1 History of Independent Living in New York 1 Independent Living Philosophy 1 STIC Mission Statement 1 STIC Values Statement 1 The Board of Directors 2 Being Hired and Working at STIC 4 Affirmative Action/Equal Opportunity Employment Policy 4 Equal Access and Reasonable Accommodation 4 Probationary Employment Period 4 Permanent Employment 5 Temporary Employment 5 Full-Time and Part-Time Employment 6 Orientation 6 Performance Evaluations 6 In-Service Training and Continuing Education 7 Sign Language 7 Personnel Records 7 Readiness for Work 8 Attendance 8 Work at Home 8 Employee Code of Ethics 9 Contact with Consumers at Other than Normal Work Times 11 Smoking Policy 12 Changing or Leaving Your Job 13 Change of Job within the Agency 13 Resignation 13 Layoff 13 Leaves of Absence 14 Elimination of Positions 14 Demotion 14 Severance Pay 15 Employee Compensation and Benefits 16 Rates of Pay 16 Time Off 16 Leaves 16 Sick Leave 16 Sick Pool Policy 17 Bereavement Leave 17 Maternity Leave 18 Paternity Leave 18 Personal Leave 18 Jury Duty 19 Compensatory Time 19 Banking Time 19 Meal Breaks 19 Vacations 20 Holidays 20 Medical Benefits 20 Health and Dental Insurance 20 Workers Compensation (injuries on the job) 21 New York State Disability 21 Resolving Work Problems 22 Grievance Procedures 22 Policy for Prohibiting, Preventing and Reporting Harassment 23 Disciplinary Procedures 26 Disciplinary Guidelines 27 Items that May Result in Progressive Warnings 27 Items that May Result in Immediate Dismissal 28 Miscellaneous Policies 30 Solicitation and Distribution or Posting of Literature 30 Hiring of Relatives 30 Drug Free Workplace Policy 30 Changes to These Policies 32 ABOUT INDEPENDENT LIVING AND SOUTHERN TIER INDEPENDENCE CENTER Southern Tier Independence Center is operated as an Independent Living Center. Not only does STIC comply with the laws both of New York State and of the United States of America, but also its commitment to human rights requires a standard that goes above and beyond those rights that are protected by law. In the following pages, the policies and procedures of this agency will strive to uphold our standards, ethics and philosophy. HISTORY OF INDEPENDENT LIVING IN NEW YORK 1979 saw the birth of a new concept in New York State known as Independent Living. At that time, nine Independent Living Centers were established using federal funds. In 1983 New York State decided to start nine new programs, followed in 1987 by the addition of 16 centers. In 1997, the Harlem Independent Living Center was added to the state list of CILs, after several years of advocacy by CIL organizations. Independent Living is still a young program in this state. New York, with its 35 centers, however, has emerged as a leader nationwide, advocating change, affecting policies and revitalizing the movement. Southern Tier Independence Center (STIC), one of the centers established in 1983, primarily serves three counties, including Broome, Tioga and Chenango. Some of our programs serve a wider area. We are also part of a statewide network, the Association of Independent Living Centers in New York (AILCNY), which represents and advocates for the rights, needs and viewpoints of member centers and their consumers. This association of centers gives strength and unity to the many voices that are seeking better quality of life and increased opportunities for people with disabilities in the state. INDEPENDENT LIVING PHILOSOPHY People with disabilities should be empowered to control the direction of their own lives. This means choosing their goals, plotting their course and taking responsibility for their actions and the results. People with disabilities have the right to make their own choices and decisions and the right to make mistakes and learn/benefit from those mistakes. Centers for independent living (CILs) foster independence, help disabled people to develop networks and supports, promote self-reliance, and advocate for the inclusion and integration of people with disabilities in all aspects of community life. STIC MISSION STATEMENT STIC's mission has three parts. We provide assistance and services to people with all disabilities of all ages to increase their independence in all aspects of integrated community life. We also serve their families and friends and businesses, agencies, and governments to enable them to better meet the needs of people with disabilities. Finally, we educate and influence our community in pursuit of full inclusion of people with disabilities. STIC VALUES STATEMENT l We value the ability of every human being to reach for their dream. l We hold that each individual has strengths and weaknesses that must be taken into account in their journey toward their dreams. Each individual must accept the responsibility for the dream, the journey, as well as the work to get there. l We offer support, ideas, tools, training, respect and concern. l We will not do for, when it can be done by the person. l We will not patronize for the sake of efficiency, or in the guise of caring. We will try to understand when this causes fear, anger and frustration. l As we develop programs and policies, we will be guided by the dreams and abilities of the people we serve. l No matter how difficult the road, we will always choose the path of inclusion and integration. l We will not sacrifice our principles or values for money, convenience or expediency. l We will not shy away from controversy if that controversy will further our mission. l We offer hope and continue to look at each person as a unique and joyful experience that will teach us, and take us on a journey where we have never been. THE BOARD OF DIRECTORS Community service agencies, such as Southern Tier Independence Center, are commonly perceived by the public as relating to the community through the provision of services to members of the community. Just as essential to the relationship between agency and community, however, is the Board of Directors, whose members both represent the community and provide general oversight of the work of the agency. The official role of the Board of Directors is limited and specific: it determines the policies by which Southern Tier Independence Center is governed. Implementation of these policies is the responsibility of the Executive Director, who is accountable to the Board of Directors. The members of the Board have no formal organizational ties to the other staff or the agency. Except in extraordinary circumstances, therefore, the Board of Directors does not become involved in the day-to-day operation of the agency. Because the membership of the Board is composed largely of people with disabilities, and is required by law to maintain a 51% majority of disabled representatives, the relationship between the Board of Directors and the agency is a microcosm of the relationship of the Board to the community. The directors may themselves perhaps benefit from the sorts of programs the agency maintains; and, as area residents, the Directors are likely to perceive the needs of the community for services the agency might develop. In view of all this, it is apparent that the perspectives of the Board of Directors will be personal and frequently empathetic rather than paternalistic toward consumers of agency services. It is this feature that makes centers for independent living such as Southern Tier Independence Center distinctive in their response to the community and in their responsibilities towards it. The Board of Directors wants Southern Tier Independence Center (STIC) to be operated well for the sake of its consumers and to be operated fairly for the sake of its employees. One of the best ways to do this is to put in writing the policies by which the agency is operated. That is why this Employee Manual has been printed and given to everyone who comes to work at STIC. If you have a question about your job, we recommend that you look first in this manual to find the answer. If you still have a question, please ask your supervisor or the Executive Director. BEING HIRED AND WORKING AT STIC AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYMENT POLICY In accordance with state and federal guidelines, Southern Tier Independence Center, Inc. is an equal opportunity employer. It is our policy to hire the best-qualified applicant for the position, without regard to disability, race, color, ethnicity, religion, gender, sexual orientation, national origin, age, or veteran status. It is our first preference to give staff an opportunity for advancement through promotions within our agency. Any openings not filled in this manner will be advertised with, at a minimum, the following entities: local offices of state agencies including VESID and the Department of Labor; poverty and minority organizations; religious organizations including minority churches; agencies/organizations working with people with disabilities. When feasible, job openings will be announced in our newsletter, which reaches thousands of individuals, agencies, etc. Southern Tier Independence Center continually and actively seeks methods to guarantee equal opportunity and strives to develop and promote policies and practices that discourage or prevent discrimination. EQUAL ACCESS AND REASONABLE ACCOMMODATION As a disability rights organization, STIC strives to be a model of equal access and reasonable accommodation for our consumers and staff as well as the community at large. Toward this end we provide the following: A. Physical Access: Our facility, and all of our sponsored events, are accessible to people with all disabilities including mobility and sensory disabilities. B. Communication Access: Upon request we provide sign language interpreters for deaf consumers and staff as well as materials in alternate formats such as: braille, large print, tape, or computer diskette. Staff or volunteers will read program/service related materials to consumers if such an accommodation is needed. Additionally, STIC has assistive listening devices available to both staff and consumers. C. Program Access: STIC will provide services in an alternative manner, such as at an alternate site, if an individual's disability requires such an accommodation. D. Reasonable Accommodations for Employees: As mandated by our philosophy and the requirements of the Americans with Disabilities Act and New York State Human Rights Law, STIC will offer and provide reasonable accommodations to employees with disabilities if they are "otherwise qualified" for the position and inform us of the need for such accommodations. This could include: flexible work schedule; assistive devices; minor task modifications of non-essential job functions; etc. PROBATIONARY EMPLOYMENT PERIOD It is impossible to tell for sure how well you are going to work until you have been an employee for a while. For this reason, as a newly hired employee or as a newly rehired employee, you are considered a probationary employee for the first six months of your employment. This probationary period may be made longer if your supervisor and the Executive Director agree that more time is needed to permit you to reach an acceptable level of work performance. However, this cannot be done unless the supervisor writes an evaluation of your work performance with specific notes of what you have to do to be made a permanent employee and how many additional weeks are being allowed for this to happen before a final decision is made. The probationary period is, in other words, an opportunity for you to demonstrate what you can do in the agency and also for you to learn more about the agency and the position so that you can decide whether or not to continue. If your performance on the job does not measure up to the agency's expectations and/or standards, the employment relationship can be terminated by the agency or by you without blame or stigma towards you and without advanced notice by the agency. When you have been working for STIC for almost six months, your supervisor will conduct a performance evaluation, which may include: an assessment of the work you have been doing; a review of your initial application/resume to STIC; another interview with your supervisor. All of this information is put together to make a decision whether or not you will become a permanent employee and what sort of work assignments you will receive in the future. PERMANENT EMPLOYMENT Southern Tier Independence Center knows that most people want job security. If you are named a permanent employee after successfully completing your probationary employment period, this means that you will not be dismissed from your job without warning, unless you have done something that puts in danger the operation of the agency or its other staff or consumers, or unless you have engaged in conduct that seriously violates the laws, rules or regulations by which the agency is legally required to operate, or if you seriously violate the agency's code of ethics, values and/or philosophy. (See Disciplinary Guidelines, page 27 for more details.) Your employment status could also be affected by our funding. If STIC loses funding for some reason, the agency may need to lay off one or more employees. (See Layoff, page 13 for more details.) If you work a regular schedule for STIC, you can become a permanent employee whether you work full-time or part-time. TEMPORARY EMPLOYMENT Temporary employment is employment that from the beginning of the employment period is understood by both the worker and the agency to be temporary. Temporary employees are hired full- or part-time to substitute for or to supplement permanent staff. The anticipated length of employment, the scope of duties, the amount of compensation, and the conditions of employment pertaining to the temporary position are clearly defined in the job description or a letter of employment or both. Temporary employees receive at least the minimum salary for the job classification under which each is employed; they work the same schedule of days and hours; but they have no claim to agency benefits such as retirement, health insurance, and days of paid absence excepting those benefits required by law. A temporary employee is not a permanent employee, regardless of whether the person works a regular schedule or not and regardless of how many hours the person works per week. For example, Employment Specialists (job coaches) are considered to be temporary employees, hired to work with a specific consumer(s) until there is no longer any need for their support. FULL-TIME AND PART-TIME EMPLOYMENT Sometimes this manual talks about full-time employees or part- time employees. You are a full-time employee if you work for STIC at least 35 hours per week. You are a part-time employee if you work for the agency at least 15 hours per week but less than 35 hours per week. ORIENTATION Southern Tier Independence Center recognizes that as a new employee you must become acquainted with the agency to learn not only your job responsibilities, but also the rules, regulations, policies and procedures under which STIC operates. This will include official policies as well as day-to-day routines. Accordingly, during the probationary period, you will take part in an appropriate program of orientation to familiarize yourself with this necessary information. Your supervisor will orient you to the specific duties and responsibilities associated with your particular job. Other designated staff may assist the supervisor in orienting you to the personnel and general policies of STIC. This is the time for you to learn as much as possible about your job description, the equipment to be used, and the methods of work required, thus laying the foundation for future successful job performance and job satisfaction. The orientation permits you to help determine your suitability for the job, your adaptability to the work environment, and your potential to progress under actual working conditions. PERFORMANCE EVALUATIONS Most workers like to know how their superiors view their job performance, and STIC is of the opinion that you have the right to a periodic evaluation of your job efforts. The purpose of such an evaluation is to give feedback to employees about how they are doing as well as to offer positive opportunities for change. They may also be used as a tool to develop future goals for professional growth and career advancement. For these reasons, a formal written appraisal of your job performance is made by your supervisor near the conclusion of your probationary period of employment. After that, such a performance appraisal is made of your work at least once each year or more often if there is a particular reason to do so. Other such reasons include times when you are being considered for promotion or other change of job within the agency, or times when there appears to be difficulty with your work. You are entitled to a copy of your formal job appraisal, whenever it is written, and you also have the right to discuss the appraisal with your supervisor and to respond with comments in writing, on computer diskette or on tape. Your response must be submitted within ten working days of the date you receive the appraisal, and it will be placed in your personnel file along with the performance appraisal. If you disagree with points in your appraisal you should discuss them with your supervisor and take the opportunity to have your response included in your file. After the discussion, if your supervisor is in agreement, he/she may choose to make changes to the performance appraisal and only include the final version in your file. If your supervisor does not agree, she/he may, but is not required to, provide you with a written response. Under no circumstance will an employee be informed for the first time of an issue or concern with their work performance or employment at STIC in the performance appraisal. You have the right to expect to be advised of and given an opportunity to correct problems/issues before they appear in your evaluation. If the situation was not serious and/or was resolved easily, the problem may never even be mentioned in an annual performance appraisal. If the problem was serious, but was satisfactorily resolved, it may be mentioned in the appraisal and the satisfactory resolution will also be included. IN-SERVICE TRAINING AND CONTINUING EDUCATION The development of programs and options for people with disabilities is a relatively new and growing field. For the agency to keep on doing a good job for its consumers, it is necessary for the employees to keep on learning more about their jobs and about the work of the agency and to keep abreast of current developments in the area of Independent Living. Because of this, you are likely to be required from time to time to attend in-service training programs for continuing education purposes. You may also hear of such events (workshops, conferences, etc.) which, although not required, would enhance your work at the Agency. The approval of the Executive Director is required for attendance at any continuing education event to be counted as time worked. Your attendance at such training opportunities may be reviewed/considered when your work performance is being evaluated, if you are applying for a different position, or if you are eligible for a promotion. Southern Tier Independence Center does recognize, however, that certain sorts of continuing education that are required may not always be available at a time when it is reasonable to expect the employee to attend due to his or her circumstances. If this should occur, discuss the situation with the Executive Director. If your reasons are valid, you may be excused from attending and/or other arrangements may be made to provide the training to you. SIGN LANGUAGE Whether one perceives deafness as a disability or as tending to create a cultural minority who use sign language as a means of communication, STIC recognizes that it is highly desirable for all people who deal with deaf individuals whether as co-workers or consumers to be able to communicate with them in sign language. Accordingly, unless an employee already has basic proficiency in sign language or has a disability that prevents him or her from using sign language, every employee will be expected to take a course in sign language at his or her earliest convenience after being hired. STIC makes every opportunity to offer this class in-house, but it may not always be feasible and an employee may need to take a course elsewhere. PERSONNEL RECORDS It is important that you assist in keeping your personnel records correct and up to date and that you also inform your supervisor of any changes as soon as possible. Current information about any change in your name, address or telephone number enables the agency to reach you in case of emergency and to forward paychecks or any notices to you that may be necessary. A completed application, letters of reference, pertinent insurance notices, letters of recommendation and other correspondence, and copies of certificates of completed continuing education are to be kept on file in your individual personnel folder as appropriate. Such records remain the property of STIC. Employees may review their personnel file by submitting a request to the Executive Director. READINESS FOR WORK Southern Tier Independence Center must represent the philosophy of Independent Living not only in written statements and execution of programs, but also in the impression the staff make on consumers and the public at the agency headquarters and other assigned work locations. As an employee of STIC, therefore, you must be on duty appropriately dressed and must maintain appropriate standards of neatness and cleanliness. You must appear at your job location at the time designated by the agency ready for work. You must end the work day at the designated time, unless specifically assigned by your supervisor or by the Executive Director to modify your schedule, or unless work requirements unexpectedly make an extension of the work day necessary. If circumstances should require a change in schedule, the Executive Director must approve the change in advance (except in the case of an emergency). ATTENDANCE As an employee of Southern Tier Independence Center, you are expected to be on the job according to your work schedule/assignment, unless you are sick or injured or unless you have another reason for being absent in accordance with the provisions of this manual. If you are going to be away from your job, you are expected to call into the agency just as soon as possible, but at least before the start of the work day. If you have made work-related appointments for a day you must be absent, you must notify the agency of these also when you call in. If you are absent too much, especially, if you are absent more than the number of days you have earned for sick leave and other days of paid absence, you may lose your job. Repeatedly being absent from work or repeatedly being late to work will result in disciplinary action. Habitual tardiness will be considered a negative reflection on your attendance record. Failure to report to work for three consecutive work days without notifying the agency is ordinarily interpreted as your voluntary resignation. WORK AT HOME A. Working at home is a privilege, not a right. B. No one is to work at home without prior approval from the Executive Director. C. If you fail to get approval to work at home, your work time will not be approved and you will have to use personal, vacation or compensatory time. D. If you are granted approval to work at home, you will need to keep a log of your time and activities. The log must be turned in to the Executive Director immediately upon your return to work. Below are some examples of what is required in your log. They are just examples and are therefore not inclusive. Phone calls: Whom you talked to and for how long. Research on the internet: Subject/issue you were researching and for how long. Paperwork: What type of paperwork you were doing and for how long. EMPLOYEE CODE OF ETHICS In keeping with STIC's independent living philosophy and values, the code of ethics is intended as a brief guide for dealing with ethical issues or dilemmas in the course of everyday work. A. Our primary commitment is to people with disabilities seeking independence. B. We respect and promote the right of people with disabilities to self-determination and assist them in their efforts to identify and clarify their goals. We will not, however, assist consumers in achieving goals that violate STIC's philosophy, values, ethics or the law. C. Confidentiality: All consumer records and information are confidential and will not be discussed or released to agencies, organizations, professionals or other individuals without a legal release signed by the consumer, except as noted below. Legal releases will be for specific information to be released to a specific individual/organization/agency for a specific reason, which will appear on the release form. They will also be time-limited. As mandated by law, STIC also complies with confidentiality requirements that are specific to people with AIDS or who are HIV positive and to their records. Exceptions to confidentiality policy: 1. We are required to release information about who receives which services to auditors and funding sources at their request except where specifically prohibited by laws and/or regulations. 2. Except for information provided to psychotherapists (Professional Counseling Services), we must release any and all records to legal entities serving a subpoena, and any STIC employee except psychotherapists may be required by subpoena to testify in a court of law about interactions with consumers. 3. Any STIC employee who sincerely has good cause to believe that someone encountered in the course of their work is engaging, or intends to engage, in emotional, physical or sexual abuse of children, has been or intends to physically harm another person, or intends to commit suicide, must report this information to the proper authorities. If at all possible, employees must discuss such suspicions with their supervisor before making any report. D. Consumer Records: 1. All information about a consumer, whether contained in the consumer records, obtained through discussions with consumers and/or others, etc., will be treated in a respectful and professional manner. 2. Consumers have the right to see any information in their records generated by STIC staff and any other information received by STIC that can legally be disclosed to the person. 3. In addition to containing demographic and service data, records may contain other factual information that directly contributes to meeting the consumer's service needs. Records shall not contain personal judgments or conclusions, or information that could have a negative impact on a consumer if subpoenaed by a court of law, or if seen by a funding source during a record review. 4. Any information that cannot legally be released to a consumer will not become a permanent part of any consumer record and will be destroyed or returned to its source as soon as feasible, generally meaning as soon as it has been reviewed by the appropriate staff. E. Employees may not accept gifts of significant value, or cash in any amount, from any recipient of STIC services or any person encountered in the course of their work. Employees may encourage those who wish to show appreciation for services received to make a donation to the agency. Gifts of appreciation such as a box of candy, flowers, a plant, a small trinket, etc. are acceptable. Gifts such as expensive jewelry, appliances, out-of-town trips, etc. should not be accepted. F. Employees will not expect or require consumers to render a personal service to any employee as a condition for receiving services from that employee, nor will they exploit consumers in any way or violate any laws or regulations in the course of their relationships with consumers. G. Employees should use discretion about when and where they discuss confidential/consumer issues with co-workers to ensure that conversations are not overheard. H. Personal relationships with consumers: It's an essential component of the Independent Living service model that employee interactions with consumers be friendly and informal, and convey a true sense of caring concern and involvement. However, there are limits on these relationships that must be observed in order to ensure that consumers remain in control of the process and that there is no opportunity for exploitation. 1. Employees shall not engage in sexual activities or relationships with consumers they are serving, or with those consumers' families, friends or other close associates. It is the responsibility of employees to set/define appropriate boundaries for relationships with consumers. 2. Employees shall not stop providing services to a consumer or the consumer's family members, friends or other close associates, or refer them to another employee, for the purpose of pursuing a sexual relationship with that person. 3. Employees shall not verbally, physically or emotionally harass or abuse consumers in any way. (See harassment policy, page 23.) 4. Employees shall not touch the service animals, wheelchairs, or other personal assistive devices of consumers without the consumer's consent. I. Employees shall not provide peer, personal or professional counseling services, or any other extended or intensive service, to their family members or close personal friends, except in situations where it is culturally unavoidable (such as in the Deaf community or other close-knit minority groups). J. Under certain extraordinary circumstances, employees have the right to refuse to serve a specific consumer and to refer that consumer to other appropriate staff. In all cases, staff will obtain permission from their supervisor to do so. K. When representing STIC on other boards, committees, etc. in the community, employees will uphold and represent the philosophy, values and ethics of STIC. L. Employee interactions: 1. Employees are responsible for expressing their wants, needs and concerns in an assertive manner to each other, their supervisors, or the Executive Director, as appropriate to the situation. Employees are expected to speak only for themselves and not for others. 2. Employees shall treat each other with courtesy and respect. 3. Employees shall listen to each other and give others an opportunity to express differing views and opinions without fear of ridicule or derision. 4. Employees shall not verbally, physically or sexually harass or abuse other employees based on their gender, race, cultural background, disability, ethnicity, sexual orientation, language or in any other way, as provided for in our harassment policy (see page 23). 5. Employees shall not give out the personal addresses or telephone numbers of other STIC employees without their consent. CONTACT WITH CONSUMERS AT OTHER THAN NORMAL WORK TIMES It is an important part of the Independent Living philosophy for employees of this agency to develop informal peer relationships with consumers. However, there are two potentially serious problems that can result from this. First, employees may become overburdened, and their on-the-job performance, as well as their health, may suffer as a result. Second, relationships of dependency can develop. It is not in the best interest of any consumer to become accustomed to making service demands on employees outside of the employee's work schedule, and it violates the Independent Living principle of self-reliance. We recognize, however, that some cultures may view this issue differently, and in such cases those cultural preferences will be taken into consideration when applying the policy below. While each employee must exercise personal and professional judgment in these matters, the following guidelines should be adhered to: A. Employees will not regularly provide any non-emergency service to a consumer during non-work hours that can be provided during the employee's scheduled work hours, even if the consumer must be placed on a waiting list for the service. B. Employees should not give their home phone numbers to consumers for the purpose of conducting work at home, except in rare cases when the employee, as part of their regular job duties, may be expected to render legitimate emergency services, AND a specific consumer is likely to legitimately need emergency services. C. If a consumer somehow obtains an employee's home phone number and calls the employee to request an after-hours service other than a legitimate emergency service, the employee will politely inform the consumer to call at work, during work hours, and terminate the conversation. The employee will NOT provide the service under any circumstances. Note that the above does not prevent an employee from developing a friendship with a consumer and pursuing non-work- related activities together. Nor does it prevent, under special circumstances, employees from arranging in advance to provide a limited (generally one-time) after-hours service to a consumer such as transportation, or accompaniment to an advocacy-related meeting. However, even in such cases, professional judgment and discretion are required to avoid encouraging consumers to become dependent on employees. Accrual of compensatory leave will not be granted for conducting unauthorized work at home, unless the situation is deemed an emergency by the staff person and the Executive Director gives subsequent approval (see Work at Home, page 8). SMOKING POLICY There is no smoking allowed anywhere inside STIC's building including in rest rooms, elevators, stairwells, etc. Employees may smoke outside only. Employees may not smoke in the presence of consumers and employees will not meet consumers outdoors or in indoor locations where smoking is permitted in order to smoke while working with them. CHANGING OR LEAVING YOUR JOB CHANGE OF JOB WITHIN THE AGENCY People change. Most people want to improve themselves. Some people find that the job that they were hired to do is not the right job for them after a while. With these things in mind, STIC informs its workers of any vacancies or new positions being created. Employees who are interested and qualified will ordinarily be given the first chance at the opening before non-employees are considered. If you make such a change within STIC, you will again be put on probation. However, you won't lose your benefits and you won't get a probationary wage. You will be on probation for all other purposes (as described elsewhere in this manual, see page 4) for a period of three months. If the new job turns out not to be right for you, the agency will not guarantee that you can have your old job back again. RESIGNATION Many reasons may occasion the resignations of employees from their jobs at STIC; but, however personally significant those reasons may be to the employee, the resignation of any worker has an impact on the work of the agency. Accordingly, if you decide to leave employment with STIC for any reason, it is requested that you submit your resignation in writing, on computer diskette or on tape. The amount of notice you give should be equal at least to the amount of vacation you have accrued plus compensatory time accrued, or three weeks, whichever is greater. This makes it easier to find a suitable replacement worker or to make other arrangements for the fulfillment of your former job responsibilities, allowing STIC to continue providing effective, quality services. A resignation requested by the agency as an alternative to dismissal shall, insofar as the rights of the agency and the employee are concerned, be construed as equivalent to dismissal. LAYOFF Sometimes economic conditions or circumstances within the agency cause a position to be abolished temporarily or permanently. When this occurs, STIC may choose to terminate the employment of a worker without prejudice to him or her. This is commonly called layoff. Whenever such a reduction of staff is necessary, such a decision shall be expressed to the employee in writing by the Executive Director in advance of the effective date of the notice; the amount of advance notice shall be at least 30 calendar days, unless otherwise required by the applicable funding source. Decisions regarding layoff of an individual employee at any given time shall be made based on such considerations as funding restrictions/cuts, importance of the position to the operation of STIC in general, length of employment with the agency, and/or evaluation of job performance. Employees who are laid off may be eligible for unemployment benefits as allowed for under New York State and Federal labor laws/regulations. Any employee who is laid off has the opportunity, if he or she wishes, to resign formally and be recorded as having resigned in good standing. An employee who is temporarily laid off shall be so advised and shall receive priority for rehiring should the position be reinstated. LEAVES OF ABSENCE Southern Tier Independence Center recognizes that there may be times when an employee needs to take a leave of absence. Permanent employees, whether full- or part-time, are eligible. No request for a leave of absence will be approved unless the following requirements are met: A. The request must be made in writing, on tape or computer diskette, to the Executive Director stating the reason for the leave and the period for which it is desired. This period shall not exceed one year. B. During such leave accruable benefits such as vacation, personal and sick leave do not accumulate. When you return to work you will be at the same benefit level as when you left. Protection under the health insurance program may be continued if you wish, but you must contact the insurance company to make the necessary arrangements and you are responsible for paying the entire cost of the premiums. C. If your request for a leave of absence is approved, the agency expects to return you to your work position at the conclusion of your leave. Since the agency cannot anticipate extenuating circumstances such as federal and/or state budget cuts, the guarantee of a return to your job cannot be absolute. If the agency cannot return you to your position, the agency may offer you the first available position for which you are qualified and appropriate, in keeping with the other provisions in this manual. An employee who does not return to work at the end of the authorized period and has not been granted an extension of the leave, will be considered to have voluntarily resigned his or her position effective the day the leave began. ELIMINATION OF POSITIONS Unfortunately, it is sometimes necessary to abolish a position due to unforeseen cuts in funding or other non-work performance related issues. If this should occur and there is another open position in which the affected employee is interested, then he/she will be considered for the other position. The employee will be given the first opportunity to change jobs, before it is offered to other employees within the agency. However, there is no guarantee that the affected employee will be hired, unless he/she is qualified for and capable of doing the job to the agency's satisfaction. If the new position results in a cut in pay, the salary will not be reduced for 30 calendar days. If the salary is higher, the increase will go into effect immediately upon the job change. As with any other change of job within the agency, the employee will be on probation for three months. If no open positions are available, the employee will be laid off and may be eligible for unemployment benefits as allowed for under New York State and Federal Labor laws/regulations. (See Layoff, page 13.) DEMOTION After an employee has worked for STIC a while, we may discover that he/she is unable to carry out the responsibilities of his or her position, but the agency may have an unfilled position for which it considers the affected worker suitable. When such a lesser position is offered, the reasons for the change shall be expressed to the affected employee in writing (and other accessible formats as necessary). However, if another position is open, we do not guarantee that a demoted employee will be hired for it. The person must be qualified for and capable of doing the job to the agency's satisfaction. With this in mind, when such a lesser position is offered to an employee, the employee being demoted shall have prior consideration over other employees who may be interested in the position (with the exception of an employee who is being terminated due to funding cuts or other non-performance related issues). Additionally, if the salary for the new position is lower, his/her rate of pay shall not be reduced for 30 calendar days. As with any other change of job within the agency, an employee so demoted will be on probation for three months. The employee shall also be afforded the opportunity to resign in accordance with the other provisions of this manual. SEVERANCE PAY Ordinarily, the agency owes an employee whose employment it has terminated only accrued salary and benefits. When an employee is dismissed for reasons beyond his or her own control, however, and the individual has contributed substantially to the development of the agency, the Executive Director may recommend to the Finance and Personnel Committees that an amount of severance pay be awarded to the individual. The final decision on such matters shall be made by the Board of Directors. EMPLOYEE COMPENSATION AND BENEFITS RATES OF PAY This agency endeavors to pay its workers fair wages and salaries in keeping with the philosophy of Independent Living. A number of factors are considered in determining your rate of pay. These may include: prevailing rates of pay for similar jobs locally and at other CILs or disability organizations; economic conditions; the duties and responsibilities of your job; the length of time you have been employed by STIC; applicable work experience you have had elsewhere; training and education you have had pertinent to the job; and budgetary constraints and requirements. If you should ever notice a mistake in your paycheck, notify the Fiscal Manager or the Executive Director immediately. Corrections are ordinarily made in the next paycheck. TIME OFF Leaves For the purpose of calculating the number of hours/days of leave a permanent employee is entitled to, we must determine an average work day for each employee. One "day" is therefore defined as one-fifth of the hours worked each week, regardless of the employee's work schedule. This insures that every employee gets the same amount of time off, pro-rated to the number of hours they work. In the case of paid holidays, if you are a part-time employee and you do not ordinarily work on the official holiday, then you may take the appropriate number of hours off at a different time that week, or accrue the time and take it off later with permission from the Executive Director. Similarly, if you are a part-time employee and ordinarily work on a day that is a holiday, and you work a higher proportion of your hours on that day (than your average work day) then you may actually owe time to STIC. This may simply mean that you work additional hours during the week or take the remaining hours off as personal, compensatory or vacation time. Sick Leave Permanent employees, whether full-time or part-time, are entitled to the equivalent of twelve days of sick leave during each year of service, accruing at the rate of one day per month. A day is equal to 1/5 of the employee's hours per week. New employees may use sick leave as they accrue it. No more than 100 days may be accumulated. Sick leave is not earned during leaves of absence; it is given only for illness and cannot be applied as additional vacation time. When you are ill, it's required that you or someone on your behalf notify the Office Manager or Clerical Assistant promptly. They will, in turn, convey the information to your supervisor and Executive Director. If you are absent more than three consecutive days, the Executive Director may require you to obtain a physician's authorization to return to your job. Under no circumstances will you be paid for unused sick leave when you leave or are dismissed from STIC's employ. If an employee exceeds the 100-day limit, the additional days will be added to the Sick Pool until such time as the employee's accrual drops below 100 days. (See Sick Pool Policy, page 17, for more details.) Sick Pool Policy In order to offer additional support for employees during times of illness or other health-related issues, STIC has developed a "sick pool" of extra days, which an employee could apply to use if he/she has used all of his/her sick leave. When employees leave the agency for any reason, their unused sick leave will be put into a general sick leave pool. Also, if an employee reaches the maximum number of allowable sick leave days, his/her extra days will be added to the sick pool. If there are no days remaining in the pool, the Executive Director may ask other employees if they wish to contribute time to cover a request. The names of both the contributor(s) and the employee making the request will be kept confidential. No employee will be permitted to donate to the pool if he/she has ten days or less of sick leave accumulated. Contributions to the pool are completely voluntary. Employees will not be penalized if they do not wish to donate time. The following steps and criteria must be met in order to apply to and be approved for the sick leave pool: A. An employee is in need of major surgery or is experiencing a serious physical or mental illness that requires more leave than the employee has accumulated. Minor illnesses such as colds, flu, sinus infections, etc. are not covered by the pool. B. The request for sick leave from the pool must be made in writing, on tape or computer diskette, and be approved by the Executive Director. C. The request should contain specific information on the nature of the illness/health issue and the number of days being requested. D. The Executive Director may require a note from a doctor under some circumstances. E. If the time to be missed is longer than ten work days, the employee will be advised to apply for NYS Disability coverage (which can be explained in more detail by the Fiscal Manager or Executive Director). The employee may still request hours from the pool to be used for the portion of time to be missed that is not covered by NYS Disability. Each request for sick pool coverage will be evaluated on an individual basis by the Executive Director. Final approval will be left up to his/her discretion. Bereavement Leave In the event of the death of a member of the immediate family or household of an employee, the agency grants limited paid bereavement leave to permanent employees not to exceed the equivalent of three days. "Immediate family" refers to spouse, parent, brother, sister, foster parent, foster child, or child. It also includes the following in-laws: brothers, sisters, mothers and fathers. Please check with the Executive Director for approval. Maternity Leave A permanent employee may take up to three months of maternity leave after delivery or adoption of her child, which may be extended with the approval of the Executive Director to up to six months. She shall be allowed to use all sick leave, vacation, and compensatory time if necessary, with the remaining time unpaid. A request for maternity leave should be submitted to the Executive Director at least one month before the employee's due- date to allow arrangements to be made for coverage of the position during the employee's absence. A pregnant employee who is determined to be medically disabled from the performance of her duties, will be treated the same as any other temporarily disabled employee. (See NYS Disability, page 21.) Once the child is delivered, the employee will be eligible for the same maternity leave benefits if the disability coverage is terminated. A request for maternity leave should be submitted to the Executive Director at least one month before the employee's due-date to allow arrangements to be made for coverage of the position during the employee's absence. Paternity Leave A father who is a permanent employee may take up to three months paternity leave at any time within a year after delivery or adoption of his child, which may be extended with the approval of the Executive Director to up to six months. He shall be allowed to use all sick leave, vacation, and compensatory time if necessary, with the remaining time unpaid. A request for paternity leave should be submitted to the Executive Director at least one month in advance, to allow arrangements to be made for coverage of the position during the employee's absence. Personal Leave Southern Tier Independence Center realizes that on occasion you may have personal business to attend to that cannot be accomplished other than during work hours. Accordingly, if you are a permanent employee, either full-time or part-time, you are allowed the equivalent of three days of paid absence per year for this purpose, starting with the day that you begin work. (A day is 1/5 of your weekly hours.) On the anniversary of your date of hire you will again be given three days for personal use, but you may not carry over any unused personal days from the previous year; no employee may use more than three paid days of personal leave in one year. Although you can use these days any way you think appropriate, remember that STIC anticipates that you will need this time for legal appointments, court appearances, medical appointments, or any other personal need not otherwise accommodated by other provisions of this manual, such as those for illness or bereavement. You will not be paid for unused personal time if you are dismissed from your position at STIC. If you resign from your position or are laid off and are leaving in good standing, the Executive Director may pay you for any remaining hours of personal leave, if funding permits. If you are resigning in lieu of dismissal, no such consideration will be given. You must notify STIC as soon as possible when you realize that you will have to use a paid personal day of leave. Ordinarily these days must be approved in advance by the Executive Director. If you need more than three such days per year, STIC will not guarantee that you can take days off without pay. Jury Duty This agency recognizes the obligation of citizens to serve as jurors from time to time and promotes the notion that people with disabilities are the peers of any citizen. If you are summoned to such duty, you are to inform your supervisor immediately in order that plans may be made to have your job done in your absence. The agency will continue to pay you according to your regular rate of pay and according to your normal work schedule at STIC. Compensatory Time The work of this agency is planned so that ordinarily it can be accomplished by each employee within the bounds of her or his regular work schedule. From time to time, however, it becomes necessary for some workers to stay longer hours than usual; on occasion, other considerations such as special assignments or approved continuing education required by the agency extend the number of hours worked by an employee. Inasmuch as funding restrictions prevent STIC from paying overtime for such hours worked, the employee may accumulate limited additional hours to be used as time off with pay at a later date. At no time shall an employee work more than forty hours in one week. Ordinarily the accrual of compensatory time must be approved in advance by the Executive Director. The approval of the Executive Director is also required before such hours can be used as time off by the employee. The number of hours off shall be equal to the number of additional hours worked. Because job descriptions themselves must be reviewed from time to time to determine whether they adequately reflect work requirements and working conditions at STIC, all records of the accumulation and use of compensatory time shall be maintained in the file of the worker. If you have accumulated more than fourteen hours of compensatory time, you may use it by delaying your arrival at work no more than two hours in any one day, but only if you have no appointments scheduled during that time. You are required to notify STIC, however, no later than the beginning of that work day. Banking Time Southern Tier Independence Center has been authorized to pay employees by check. Applicable laws require an employer who pays by check to allow twenty minutes to each employee for banking time. All employees are eligible for this time, whether they physically receive a paycheck or have elected to have direct deposit. If you need time to go to the bank, please advise the Clerical Assistant, Office Manager, or other personnel staffing the front desk each time. Banking time can only be taken on pay day, or the day you receive your check, and must be attached to your lunch hour. This 20 minutes time is to be used only for your personal banking needs, and for no other reason. Meal Breaks The eating of meals by employees is a matter both of ordinary human need and of governmental regulation in the form of labor law. Accordingly, full-time employees shall ordinarily be given an uninterrupted one hour unpaid meal break to be scheduled with their supervisor, but normally, this break must be taken no later than 6 hours after the beginning of your work shift. For a variety of reasons, some employees prefer a shorter meal break. Therefore, we will permit a meal break to be shortened to 30 minutes as long as the length is consistent from day to day. Vacations Southern Tier Independence Center believes that all employees need vacation time for personal relaxation and refreshment and to provide a change from the activities of the workplace. Vacation is an earned benefit of permanent employment. It is accrued during the probationary period conditional upon that period's successful completion. Vacation is earned at the rate of one and one quarter (1 1/4) working days per month (i.e., the equivalent of 15 days per year) for each of the first two years, and one and two thirds (1 2/3) working days per month (i.e., the equivalent of 20 days per year) each year thereafter. A day is 1/5 of the hours worked in a week. No more than the equivalent of 40 days of vacation leave may be accrued at any time by an employee. Vacation leave may carry over from year to year as long as it doesn't exceed the 40-day limit. All requests for vacation time must be approved by the Executive Director. Approval is given on a first-come, first-serve basis, but such factors as staffing levels, seniority and length of advanced notice may be taken into consideration in granting requests for vacation time. Vacation pay may be paid in advance upon request with the approval of the Executive Director. Holidays Employees typically enjoy being with family or friends on popularly observed national and religious holidays; and, for that matter, the agency is closed on many of them. All permanent employees, therefore, will receive the following days off with pay: New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day (or equivalent religious holiday). Additionally, Election Day and Washington's birthday are given as floating holidays (accrued in the months they occur) and must be used within one year of their accrual. (With approval of the Board of Directors, the Election Day floating holiday is usually taken on the day after Thanksgiving and the agency is closed on that day.) Holiday time can be taken off in the same manner as vacation, personal or compensatory leave, requiring the submission of a time-off request and permission from the Executive Director or other applicable staff. Some of these national or religious holidays may occur on a Saturday or Sunday. When this happens, the Executive Director will decide whether the agency will be closed on the Friday preceding or the Monday following. MEDICAL BENEFITS Health and Dental Insurance STIC offers health and dental insurance to all of its permanent emp