DISCIPLINE AND APPEALS

The orderly and efficient operation of HEC requires that employees adhere to disciplinary rules and proper personal standards at all times. These rules and standards are necessary to protect the health and safety of all students and employees, to help ensure the beneficial implementation of HEC’s programs and to protect HEC’s property and public good will.

An employee who fails to maintain proper standards of conduct, or who violates HEC’s practices and policy, will subject him/herself to disciplinary action.

The extent of any disciplinary action taken for violations of HEC rules and policies will depend upon the seriousness of the offense. Action may range from informal verbal counseling to immediate dismissal as determined by HEC in its discretion.

Disciplinary action may take any of the following forms: (Note: Discipline can commence at any step depending on the circumstances, including but not limited to the seriousness of the offense.)

1. An informal verbal counseling by the supervisor, documented on a counseling form.

2. A written warning. A copy of this notice will be placed in the employee’s file.

3. Suspension without pay by his/her supervisor or Program Director. Upon returning to work, the employee may be placed on disciplinary probation for a time determined by the supervisor, usually
90 days.

4. Disciplinary probation. Further violation of policy during probation may result in immediate termination. Within a designated time frame, the employee will receive written notification that s/he is on disciplinary probation and the length of the period. A copy of the letter will be placed in his/her file. Disciplinary probation cannot extend beyond six months.

5. Immediate Dismissal.

Acts that will result in immediate dismissal include, but are not limited to, the following:
• Possessing, using, or being under the influence of alcohol or illegal drugs while on the job.
• Carrying or possessing weapons while on the job.
• Leaving assigned students or duties without permission of the supervisor.
• Theft or willful destruction of the school’s, or a student’s property.
• Willful misrepresentation of facts.
• Serious policy violations.

Other serious acts that may result in immediate termination include, but are not limited to, the following:
• Abusive behavior toward students or staff, such as physical roughness, verbal
inappropriateness, neglect and other items classified as abuse in Massachusetts State
Regulations, or any violation of state or federal law.
• Failure to follow instructions of a supervisor.
• Displaying disrespect to a supervisor.
• Placing the health and safety of students in jeopardy, or allowing the same.
• Exhibiting behavior, which is anti-therapeutic in nature or conflicting with approved
treatment plans.
• Breach of confidentiality.
• Refusal to follow prescribed treatment plans.
• Involvement in a crime, which indicates behavior potentially inconsistent with the health or
safety of the students and/or employees or which reflects negatively upon HEC and/or its employees.
• Failure to report abusive behavior towards students within 24 hours.

HEC has no obligation to use any one or more of these forms of discipline prior to discharging employees. Any one or all of these steps can be omitted, as HEC deems appropriate.

APPEAL PROCESS

An appeal is defined as a claim by an employee that there has been inequitable treatment of an employee. The employee has 10 business days (Monday-Friday) to file the appeal.

General Provisions:
Appeals should be presented for disposition through the appeal process. HEC’s failure at any step of the appeal process to communicate a decision within the specified time limits permits the

employee to proceed to the next step. An employee’s failure to timely advance his or her appeal to the next step in the process is deemed a waiver of the appeal by the employee.
Time limits may be extended by mutual agreement in writing.

Official appeals filed by any employee under the appeal process will not become part of the record, which is used in the promotion process or in any recommendations for job placement.

Conferences with employees, necessary for processing appeals, will ordinarily be scheduled during the normal workday.

Procedure:
Step One – Program Director
The employee will submit the appeal in writing to the Program Director. The Program
Director, or designee, will meet with the employee within 10 business days of the receipt of the written appeal. The Program Director/Manager, or designee, will communicate the decision in writing, with a copy to the employee, within 10 business days of the conference.

Step Two  – Director of Student Services
If the appeal is not resolved at Step one, the employee may appeal the decision to the Director of Student Services within 10 business days after the decision has been received. The
appeal will be in writing and be accompanied by a copy of the decision at Step One. The Director of Student Services , or designee, will meet with the aggrieved employee within 10 business days of the receipt of the appeal. The Director of Student Services, or designee, will communicate a decision in writing, together with the supporting reasons, to the employee within 10 business days of the conference.

Step Three – Chief Operating Officer
If the appeal is not resolved at Step two, the employee may appeal the decision to the Chief Operating Officer within 10 business days after the decision has been received. The appeal will be in writing and be accompanied by a copy of the decision at Step Two. The Chief Operating Officer, or designee, will meet with the aggrieved employee within 10 business days of the receipt of the appeal. The Chief Operating Officer, or designee, will communicate a decision in writing, together with the supporting reasons, to the employee within 10 business days of the conference.

Step Four – President/CEO
If the appeal is not resolved at Step Three, the employee may appeal the decision to the President/CEO within 10 business days after the decision has been received. The President/CEO, or designee, will meet with the aggrieved employee within 10 business days of receipt of the appeal. The President/CEO, or designee, will communicate a decision in writing, together with the supporting reasons, to the employee within 10 business days of the conference.

Step Five – Personnel Committee of the Board of Directors
If the appeal is not resolved at Step Four, the employee may appeal the decision to the Personnel Committee of the Board of Directors within 10 business days after the decision has been received. The appeal will be in writing and be accompanied by a copy of the decision at Step Four. The Personnel Committee will meet with the aggrieved employee within 10 business days of receipt of the appeal. The Personnel Committee will communicate its decision in writing, together with the supporting reasons, to the employee within 10 business days of the conference.

OUTSIDE/PERSONAL INTERESTS

MEDIA STATEMENTS

All inquiries from the press and other media sources, as well as confirmation of statements, must be directed to the President/CEO or the Vice President, who will handle these matters.

SOLICITATION AND DISTRIBUTION OF LITERATURE FOR ORGANIZATIONS/PRODUCTS

Solicitation and distribution of literature by staff for outside organizations or products is not allowed during “working time” which is the portion of the workday during which staff are supposed to be performing actual job duties. It does not include meal or authorized break periods. Staff may not disturb working staff nor will solicitation/distribution of literature be permitted at any time, including working and non-working time, in working areas.

Solicitation and distribution of literature by non-employees on HEC property or within the confines of HEC premises is strictly prohibited.

The sole exceptions to this policy are charitable and community activities supported by HEC
management and Company-sponsored programs related to HEC programs and services.

Staff who wish to offer products for sale, (example: candy bars for their child’s organization, or homemade crafts) should notify the Program Director prior to offering the products for sale. The purpose of this notification is to ensure that the employee understands where and how they can offer the products and ensure that work is not negatively affected.

ILLEGAL AND UNETHICAL ACTIVITIES

Employees should not engage in behaviors or activities on agency property that are considered illegal, unethical or are otherwise prohibited by HEC policies. Employees should not perform actions in the community that reflect adversely on the reputation of HEC, its students or employees.

POLITICAL ACTIVITY

While HEC encourages its employees to pursue their own political ideologies in their private lives, good counseling technique dictates that political beliefs and ideologies be kept out of the work place. Therefore, it is strictly prohibited for an employee to proselytize his/her personal political beliefs at
an HEC work site, or with HEC students. This prohibition includes verbal, written and other outward displays of political convictions while on duty.

Similarly, employees are prohibited from representing their own political views as those of HEC, or from presenting themselves as representatives of HEC when discussing their personal political views in public.

The CEO may grant limited permission for such activities if in areas directly relating to client services.

SPIRITUAL ACTIVITY

HEC is a non-sectarian, non-denominational organization and as such, subscribes to no specific set of religious beliefs or theologies. HEC vigorously supports the right of its students to pursue their individually chosen religious beliefs and practices, free from undue influence or proselytizing by agency employees. While HEC wishes in no way to interfere with the religious beliefs of its

employees, it does require that employees neither encourage nor discourage any particular religion or set of religious beliefs and that employees make concerted efforts to accommodate students who have expressed a desire to practice a particular religion in such areas as assistance with transportation to worship, special diets, etc.

COMMUNITY RELATIONS

Establishing and maintaining good relations in the communities surrounding our facilities, and in the community as a whole, are ongoing challenges for HEC and its employees and are important ingredients in the growth of our students. Employees are representatives of HEC and its’ students and are expected to conduct themselves in a manner that will reflect positively and enhance the
community image of themselves, their students, and the organization.

POSTINGS

Bulletin Boards are for HEC use only, and are one way we pass important information on to you. Among the items that are posted are Post Time, and federal and state mandated postings about your rights. Removal of posted material will be cause for discipline. HEC offers the “Community Bulletin Board” located on HECNet, that staff may use to post notices for personal items for sale, social or cultural activities, and community events. All submissions will be reviewed for appropriateness prior to being placed on the CBB.

Anyone found to be trying to submit or post offensive material will be subject to disciplinary action, up to and including termination.

CHILDREN OF EMPLOYEES

Because of safety, health and liability considerations, employees are cautioned not to bring their children to HEC work sites at any time. Should an employee need to stop by a work site for a brief period of time, children should never be left alone in a vehicle or left unattended at a work site.

PETS

Pets are not part of the therapeutic milieu at HEC. Therefore, pets are prohibited from HEC work sites at any time. Pets should not be left in vehicles or otherwise unattended when staff need to briefly visit their work site during non-work time.

EQUIPMENT AND PROPERTY

EQUIPMENT AND PROPERTY

Employees should use the resources and equipment of HEC with scrupulous regard and only for the purposes for which they were intended. All such property and equipment is owned by HEC and is provided for the express purpose of fulfilling the agency’s operational mission. Employees should have no reasonable expectation of privacy concerning their use of HEC- owned property or equipment. The worker should not engage in activities that willfully misuse, damage or destroy agency property. HEC property includes, but is not limited to, company issued cell phones, computers, keys, beepers, walkie-talkies, radios and other property assigned to, or used by staff, in the course of business. Failure to return HEC property upon termination will result in a deduction from the final paycheck for the value of the property.

Stealing or attempting to steal property belonging to HEC, its students, or its employees is prohibited, and may result in disciplinary as well as legal action.

I.D. CARDS

HEC Staff identification cards are provided to all staff during orientation. They are the property of HEC and must be kept in the employee’s possession during working hours. Upon termination of employment, I.D. cards must be returned to HEC.

COMPUTER AND OTHER ELECTRONIC EQUIPMENT USE

This is a list of general computer, camera, video and other electronic equipment use policies and security rules that apply to all users of HEC computers or networks.

Computer Use
It is the policy of HEC to monitor and block attempts to access sites on the World Wide Web that contain the following content:
– Violence – Drug Culture
– Profanity – Militant/Extremist
– Nudity – Sex Education
– Sexual Acts – Gambling
– Gross Depictions – Illegal Activities
– Intolerance – Alcohol
– Satanic/Cult – Tobacco
– Drug Culture

In addition to the WWW, staff are prohibited from accessing these themes in any way via any type of electronic equipment or bringing printed copies of such materials (downloaded from WWW or otherwise) onto HEC property or to HEC sponsored events.

Intentional attempts to access any such prohibited sites either directly or by proxy server will be considered grounds for disciplinary action, up to and including termination.

All HEC computer users have the responsibility to use HEC computer systems in an effective, efficient, ethical and lawful manner and to conform to HEC’s Harassment Policy in all computer use. Computers, software, and communications systems provided by HEC are provided to employees primarily for HEC related work. Use of HEC resources for personal or non-work- related activity must not interfere with work production. All personal use of HEC communication resources must be via an employee’s HECnet account. Personal Internet and Email accounts are not allowed to be accessed or used on HEC computers. All information stored on all HEC computers is and shall be the property of HEC. HEC reserves the right to review all information stored on any HEC computer, laptop, cell phone or server. HEC employees have no expectation of privacy in connection with use of any HEC computer and
consent to the monitoring, at the discretion of HEC, of their use of the system. This includes, but is not limited to printing, reading or otherwise viewing all files, including email messages, entering, leaving or stored in the HEC system.

Email User Accountability
HEC computer users understand that the use of the HEC Email system positions the user as a
representative of Hillcrest Educational Centers within the international online community. All communication via Email is expected to remain professionally oriented and in the best interest of HEC. Users are accountable for their actions and may be held accountable for applicable administrative or legal sanctions.

Unauthorized Access
Users are not to attempt to receive unintended messages or access information by some unauthorized means, such as imitating another, impersonating another user or other person, misuse of user credentials (user names, passwords, etc.), or by causing some system component to function incorrectly.

Software Use of any equipment.
All software used on HEC computers, cameras, videos, etc. must be appropriately acquired and used according to the appropriate licensing. Possession or use of illegally copied software is prohibited. Likewise, users shall not copy copyrighted software, except as permitted by the owner of the copyright and at the express direction of the Director of Information Services.

Data Modification or Destruction
Users are prohibited from taking unauthorized actions to intentionally modify or delete information or programs on any of our electronic equipment including changing any assigned usernames and/or passwords.

Malicious Software
Users must not introduce or use malicious software such as computer viruses, Trojan horses, or
worms.

Denial of Service Actions
Users may not deliberately interfere with other users accessing system resources.

HEC personnel and users are required to address, safeguard against, and report misuse, abuse, and criminal activities. Misuse of HEC resources can lead to temporary or permanent disabling of accounts and administrative or legal actions up to and including immediate discharge.

PHONE AND ELECTRONIC DEVICE

Phone
All HEC phone system users have the responsibility to use HEC communications systems in an
effective, efficient, ethical and lawful manner. Communications systems provided by HEC are to be used only for HEC related work. All information stored on all HEC telephone or voice mail systems is and shall be the property of HEC. HEC reserves the right to review all information on any HEC communication or voice mail system. HEC employees have no expectation of privacy in connection with use of any HEC communication tool and consent to the monitoring, at the discretion of HEC, of their use of the communications system. This includes but is not limited to printing, reading, reviewing vendor communications records, or otherwise viewing all data, entering, leaving or stored in an HEC system.

HEC has a limited number of phones available and the primary use must be for client and HEC business communications. It is recognized that staff, on occasion, need to make and receive important personal and other than HEC business related calls for a variety of reasons. We ask that these calls be generally restricted, kept to a minimum, and used for communications of less than a few minutes. Longer conversations should be handled at other locations and off campus.

Any personal-emergency, long-distance calls should be charged to your home phone. If this is
not feasible, you should contact your Program Director or designee to determine how to place the call.

Cameras and Recording Devices
Staff may not use cameras or recording devices at any Hillcrest Educational Centers property without prior approval from a Program Director or designee including camera application on cell phones and PDA’s. Camera phones may never be used to take pictures of students at HEC.

Cell Phones

The nature of our work requires staff to be attentive to the needs and activities of the students. To minimize any distractions and ensure the safety of students and staff, personal cell phones or other electronic communication devices may not be used while on shift unless approved by an administrator. If not approved, such devices must remain in an employee’s vehicle or in an area designated by a supervisor and cannot be kept on their person. These devices may be used while on break. However staff are prohibited from using these devices in the presence of a student and can never be used to take photos or videos of students or work related activities.

Use of such devices is defined as receiving or placing phone calls, checking voicemail, sending or receiving text messages, accessing the internet, playing games, taking photographs, videotaping or any other purpose.

This policy also applies to staff’s family or friends who may be on campus. HEC is not liable for any lost, stolen or broken electronic communication devices.

SAFETY AND SECURITY

INTIMIDATION OF OTHER STAFF MEMBERS

Employees of HEC should under no circumstances, threaten, intimidate, or exploit other workers by word or deed, or engage in behaviors that infringe on the rights, privileges and responsibilities of one’s colleagues. If an employee feels that s/he is the victim of intimidation or harassment s/he should report this immediately to his/her supervisor.

DANGEROUS BEHAVIOR

Employees of Hillcrest should under no circumstances engage in activities with colleagues or students that lead to physical or psychological harm, or in which there is a high risk of harm, including but not limited to carrying intoxicants or weapons of any type while on duty.

WEAPONS

Carrying a weapon or concealing a weapon on agency property, or in one’s vehicle on agency property, or at agency-related events, whether on-duty or otherwise, is prohibited and may lead to termination of employment.

WORKPLACE VIOLENCE POLICY

HEC strives to maintain a safe work environment for all students, staff and visitors and to prevent workplace violence. Accordingly, HEC has adopted the following guidelines to deal with intimidation, harassment, and acts or threats of violence that may occur on HEC property or otherwise involve an HEC employee.

All employees must treat others with courtesy and respect at all times. Employees are expected to refrain from verbal or physical fighting, “horseplay”, or other conduct that might be dangerous or otherwise injurious or harmful to others. Firearms, weapons, and other dangerous, hazardous, or illegal devises or substances are prohibited from the premises of HEC, any location where the employee is on-duty, or in the presence of students at any time.

Conduct that threatens, intimidates, or coerces another employee, student, visitor, vendor or the public occurring at any time, including off-duty periods, will not be tolerated. Any such conduct may result in discipline up to and including termination of employment.

Employees must immediately report all acts or threats of violence, both direct and indirect, as soon as possible to their immediate supervisor or a member of management at HEC. This provision includes threats by and/or directed to employees, students, visitors, vendors or members of the public. When reporting a threat of violence, employees should be as specific and detailed as possible.

HEC promptly and thoroughly investigates all reports of actual or potential threats, violence, or other inappropriate conduct. Employees should raise concerns and make reports without fear of reprisal or retaliation of any kind. No employee will be subject to any form of retaliation or discipline for lodging any good-faith report of actual or potential workplace violence. In the course of handling reports, HEC will strive to maintain confidentiality to the extent practicable under the circumstances.

HEC encourages employees who apply for or obtain a protective or restraining order to notify
Human Resources.

Anyone determined to be responsible for acts or threats of violence or other conduct that is found to be in violation of these guidelines may be subject to disciplinary action, up to and including immediate termination of employment.

LOST KEY POLICY – EXTERIOR DOORS

All campuses have lock and key systems for exterior doors to insure the safety and security of our staff and students. Lost or stolen keys present an immediate security risk to the entire campus community. Replacement of these keys is costly and time consuming and staff will be held accountable for keys signed out to them. Keys are considered property of HEC. Generally, loss of HEC keys by staff is addressed as follows:

• Should you lose a key, you will receive a written warning.
• Should you lose a key a second time, you will be suspended without pay for one day.
• Should loss occur again, the staff may be demoted or terminated.
• If you lose a key and find it within 24 hours, you must immediately report this to the
Program Director or designee.
• If you find the key later than 24 hours after reported loss, the disciplinary action will be
upheld.

If your employment with HEC should end, you will be required to return your key prior to your
last day of employment. Failure to do so may result in a deduction in your final check to offset the
costs associated with replacing the locks and/or distributing new keys.

SAFETY

At HEC student, staff and visitor safety are of primary concern.
Each work site has a Safety Committee. Staff are encouraged to participate in these committees
and to report any unsafe conditions or ideas regarding safety to their supervisors.

STAFF PARTICIPATION IN STUDENT ACTIVITIES

High profile/large participant activities should be supervised by a member of the Campus
Administration whenever possible.

Activity leader and participating staff will take the time (10 minutes) to warm up and stretch major muscle groups prior to the start of the activity.

Staff are required to attend the activities of their assigned students and to actively supervise students during all activities. Staff are not compelled to physically participate as players in sports related activities with students, but if staff chooses to play in the sport, they must engage in preparation for the sport (stretching, pre-teaching, etc.) with the students. Staff participating in sports related activities at any level is limited to therapeutic role modeling. Staff are not to engage in direct competitive athletic endeavors against students or other staff members.

Seasonal rules should be posted, when possible, in specific activity areas (i.e., softball rules/behaviors – softball field).

Emphasize:
• Therapeutic, not competitive environment
• Warm-up and stretching prior to activities.
• Pre-Teach – game & campus rules, expected behaviors, and hot tips to avoid behavioral pitfalls (i.e., use minimum equipment necessary).

PERFORMANCE OF DUTY STANDARDS

CHILD ABUSE AND NEGLECT REPORTING POLICY

Child Abuse Policy

Following Massachusetts’s law, HEC prohibits any form of physical or sexual abuse of its students, and mandates all staff to report incidents of suspected child abuse.

Abuse: the non-accidental commission of any act by a caretaker, which causes or creates a substantial risk of harm or threat of harm to a child’s well being.

Neglect:
1. Failure by a caretaker, either deliberately or through negligence, to take actions necessary to
provide a child with minimally adequate food, clothing, shelter, medical care, supervision, or other essential care.

2. Serious physical injury (any non-trivial injury); death; malnutrition; and failure to thrive.

3. Serious emotional injury: an extreme emotional condition such as a severe state of anxiety, depression or withdrawal.

Child Abuse Reporting

1. Each and every one of the employees of HEC is required by law to report to their supervisor the awareness of any student who may be abused or neglected. Under M.G.L. Chapter 119, staff are categorized as mandated reporters, liable to civil or criminal action for failure to report a potentially abusive or neglectful situation or incident.

2. The term, mandated reporter, specifically addresses the fact that any person who works in a residential treatment center is required to report to DCF (Department of Children & Families). At HEC, once the staff member reports to the person in charge, the employee is then relieved of any liability and the liability for not reporting belongs to the person in charge, i.e. the Program Director.

3. Staff must immediately report to his/her supervisor any abusive behavior toward a student and complete a written report on the matter within 24 hours. The supervisor will ordinarily immediately notify his/her Program Director who, in turn, will notify without delay the
Executive Vice President. On the next business day, the Program Director will ordinarily submit
a brief written statement of concern to the Executive Vice President.

4. HEC requires the Program Director or, if absent, his/her administrative designee to immediately report to the Department of Children & Families (DCF).

5. At the time of the allegation, the staff person alleged to have abused a student would ordinarily be suspended without pay pending a full investigation.

6. If the charge of abuse in not supported by the DCF, the staff member may be considered exonerated and reinstated with back pay. Depending upon the circumstances, the employee may be subject to disciplinary action, including suspension without pay and re-training.

7. If the charge of abuse is supported, the staff person may be terminated from employment and may face legal sanctions.

8. Employees not reporting suspected abuse or neglect are subject to discipline up to and including dismissal.

9. DCF regulations provide the following pertinent definitions as guidelines for reporting:

A. Abuse – the non-accidental commission of any act by a caretaker, which causes or creates a substantial risk of harm or threat of harm to a child’s well-being

B. Neglect – Failure by a caretaker, either deliberately or through negligence, to take actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, or other essential care.

C. Serious physical injury (any non-trivial injury); death, malnutrition; and failure to thrive.

D. Serious emotional injury: an extreme emotional condition such as a severe state of anxiety, depression or withdrawal.

CONFIDENTIALITY POLICY

Hillcrest Educational Center staff, students and trainees will regard as confidential all information that might identity a person as a HEC client, as well as all information concerning events and conditions as they relate to particular clients. Staff and students will act in every instance to protect such material in accordance with the client’s wishes, and with applicable laws and regulations.

Staff are only authorized to see records of clients with whom they are involved in a service or supervisory capacity. Staff may look at other client case records only with the express permission of the client’s Program Director.

In general, staff will NOT disclose identified case information unless the client/parent/guardian has authorized disclosure in a written and signed release of information statement.

There are three exceptions to this policy (i.e., they do not require prior client release):
1. When reporting abuse or neglect as per State Law;
2. When preserving health or safety in an emergency;
3. When preventing the commission of a crime.

In any of these exceptional situations, staff must notify their immediate supervisor that they have disclosed, or intend to disclose, identified case information, and why.

Case records are the physical and legal property of HEC Staff will NOT automatically release records when subpoenaed. Instead, staff will check with their Program Directors who, on the basis of possible harm to the client, may seek to have the subpoena legally nullified. Staff will NOT release physical records, or components or copies of them to a client, a former client, or to a client or former client’s parent/guardian before securing approval from the Program Director.

On each occasion in which a staff removes a client record from either a campus Records Room or from long term storage, the staff must sign out each record being removed, and must sign the record back in upon return to the Records Room or to storage. Staff assumes responsibility for any case record in their possession, and unless they are responding to a court order, and with the knowledge and approval of their Program Director, staff must never remove a client record from a Hillcrest site or property.

Staff will avoid discussing current or former clients or clients’ families/guardians in non- professional settings. Staff WILL NEVER use client names or other identifying information in public conversation.

Staff may use client related information within the agency for treatment, training, or research purposes without special permission, as long as the use of that information is in compliance with any and all applicable Hillcrest policies (e.g., policies on research). However, proposals to use case information outside of the agency require the approval of the Executive Vice President.
This includes, but is not limited to student projects, published articles, and other public presentations.

Staff may videotape, photograph, audiotape or use one-way mirrors only with the written permission of the clients involved. At the time of admission the parent/guardian signs a release regarding treatment and/or publicity related to taping and photographing.

Members of the print or electronic media may not have access to clients or to any information about them, without prior approval by the client’s parent/guardian. Staff will clear all proposed media involvement with the CEO or Vice President prior to such involvement.

LANGUAGE POLICY

All Hillcrest students have experienced varying degrees of trauma and most have serious issues with interpersonal relationships. Therefore, it is critically important for us to maintain a therapeutic environment of care in which students can feel as safe, comfortable and understood as possible. In order to satisfy this critical need for the Hillcrest students, Hillcrest requires all employees refrain from speaking languages foreign to any student in their presence.

Hillcrest recognizes that many of its staff speak languages other than English. It is perfectly acceptable to use whatever language they chose when in conversations outside of the presence of Hillcrest students. It is also acceptable to use a language other than English if the students in their presence are fluent in the same language (i.e. staff may speak Spanish in the presence of

Spanish-speaking students.) As always, employees must remain sensitive to their work environment and avoid interacting in any manner that could make co-workers feel uncomfortable or excluded.

PERSONAL INFORMATION SECURITY PROGRAM AND POLICY

In the ordinary course of its operations, Hillcrest Educational Centers, Inc. (the “Company”) obtains various forms of personal information pertaining to its employees, students, students’ families, donors, and other individuals. The Company takes seriously its obligation not to engage in or permit the inappropriate use or disclosure of such information. In addition, both federal and state laws impose specific requirements relating to certain forms of personal information that could be used to commit “identity theft” or fraud. The Company has adopted
this Personal Information Security Program and Policy in accordance with those federal and state law requirements. The entire contents of this policy can be found in the HEC – Policies & Procedures – Chapter 11.

REQUIREMENTS OF JOB PERFORMANCE

In order to provide our students with the best possible care and to ensure their safety and well being, staff are reminded of the following requirements:

All HEC staff must be awake, alert and attentive to their duties during their assigned work hours. Staff are not permitted to sleep during their breaks. You must report to your supervisor any staff person you discover sleeping on the job.

Only pre-approved electronic devices may be used while on duty. Overnight staff may have
TV’s on, if the TV’s are located in an area where staff can physically see children. If staff cannot
see children while watching TV due to TV’s location, then TV is prohibited. While on break, however, the TV can be watched.

Staff are not permitted to leave campus during their breaks without supervisory approval. When staff does leave campus during their shift after receiving supervisory approval, they must sign out and then back in on campus log.

On overnight shifts, room checks must be performed on a regular basis, according to campus policy and documented accurately.

Failure to comply with these directives will result in disciplinary action up to and including termination of employment.

PROFESSIONAL STANDARDS (Ethical Standards)

All employees of HEC are considered to be professionals in their respective positions and are expected to perform their duties in a professional manner, which reflects in a positive way on

themselves, their agency, and the students that they serve. HEC expects all of its employees to practice standards of performance, conduct, and behavior in the following manner:

Employees should give conscientious and consistent effort to their assigned jobs, and accept full responsibility for all duties related to that job, including punctuality and daily attendance.

Employees should treat co-workers and supervisors with courtesy and abide by the decisions of their supervisors. Employees may make suggestions, but the final decision or instruction given by their supervisors must be accepted and implemented.

Employees should work to the best of their abilities and maintain the best quality of work possible. Employees should communicate with their supervisors for clarification of job responsibilities or for further instruction, since the supervisors are accountable for their performance.

Employees’ conduct should be honest and above reproach, both on and off HEC property. Employees should avoid becoming involved in any activity that could be considered unacceptable or illegal in the community at large. Outside of work, others perceive employees as representatives of the organization. If any employees are not sure of the intent or application of any personnel policy or regulation, they should ask their supervisors for clarification or interpretation.

Equipment and property of HEC is available to staff on all sites, and should be treated with care and respect. While normal wear and tear is expected on equipment and property, when staff damages property or equipment due to negligence or deliberate destruction, they will be subject to disciplinary action. Other resources, such as books, tapes, etc., are available to staff, and it is expected that these materials are treated carefully, as with other equipment and property of HEC.

POLICY ON PROFESSIONAL BOUNDARIES
Staff are required to read and comply with the full policy which is found in Chapter 4, “Care of
Students”, of HEC Policies and Procedures.

By its very nature, residential care and treatment with children and adolescents sometimes involves intense interpersonal dynamics and some intensely intimate aspects of the lives of students. The nature of our work can result in complicated emotions and strong personal feelings and/or relationships among staff and students. The familiarity that develops between staff and residential students also contributes to a relationship that may be so comfortable at times that feelings and responses may be more personal than professional. However, nurturance, acceptance, encouragement, and support can and must be provided by staff while still maintaining professional boundaries.

Staff are expected to observe appropriate and professional conduct, including boundary maintenance, at all times. Failure to maintain professional conduct and to observe appropriate and professional boundaries will result in disciplinary action up to and including termination from employment.

Similarly, during any form of contact with a student’s family, guardian, or advocate, or with any representative an outside agency, staff are expected to act in a professional manner. For example, at no time during a professional contact may staff violate professional boundaries, form personal relationship or share personal information.

The best interests of the student, and associated Hillcrest policies and procedures, are the highest priorities, and the deciding factors in relationships between current/former staff and current/former students, and in possible boundary violations.

It is our responsibility, not the student’s, to maintain appropriate boundaries in our professional relationships with students. Initiation and or consent by the student for behavior that constitutes a boundary violation between staff and student is not an excuse or justification.

It is important that staff maintain a professional and personal support structure that provides for feedback and advice on the management of boundary issues as it impacts on their work with students and coworkers.

A staff’s termination of employment with Hillcrest, and/or the transfer or discharge of a student from Hillcrest Educational Centers’ care and treatment does not absolve staff’s responsibility to observe and respect professional boundaries and ethics.

POLICY ON STAFF CONTACT AND RELATIONSHIPS WITH STUDENTS
Staff are required to read and comply with the full policy which is found in Chapter 4, Care of
Students”, of HEC Policies and Procedures.

All contacts and relationships between staff and students, current and/or former, and their families, guardians and agencies, must be strictly professional in nature and function, regardless of the employment status of the staff (i.e., currently or formerly employed by HEC) or the placement status of the student (i.e., current or former student). This, in fact, is the only way to insure that staff – student contact and relationships are appropriate and therapeutic in nature.

Any and all desired contacts and/or relationships between current and/or former HEC staff and current and/or former HEC students (and their families, guardians and agencies) that are outside the parameters of the staff member’s role and/or job description, and which therefore might constitute personal relationship or contact, must be discussed in advance with the campus Program Director and/or the agency Executive Vice President or CEO and be determined by them to be in the best interest of the current or former student. Such desired relationships and/or contacts may only be conducted with the knowledge and approval of the campus Program Director and/or the agency Executive Vice President or CEO.

Any such relationship and/or contacts between current and/or former HEC staff and current and/or former HEC students (and their families, guardians and agencies) that are not approved in advance will be considered to be in violation of HEC policies, procedures and professional
ethics. Such an unapproved relationship and/or contact will be cause for disciplinary action for a current employee who engages in such action, up to and including termination from

Employment. Legal or administrative action or referral may be initiated against former employees who violate this policy or when there is reason to believe this policy has been violated.

CONFLICTS OF INTEREST

A conflict of interest occurs when:
• there is a risk that care, treatment and welfare of Hillcrest students or patient welfare will be compromised by a secondary interest of a personal, commercial, political, academic or financial nature.
• an employee’s outside employment, personal or private interests interfere or conflict with
the best interests of the students or the employee’s own professional responsibilities at
HEC.

The conflict may be actual, perceived or potential. A conflict of interest may affect care, clinical practice, education, administration or research. It may or may not lead to undesirable outcomes. However, a conflict of interest may exist whether or not an employee is actually swayed by and acts on the competing interest.

Priorities & Principals
Hillcrest has many employees, and these employees have numerous and sometimes complex
relationships with public and private entities. Therefore, the agency must be aware of any relationships involving personal or financial interest or gain that may compromise or appear to compromise the agency’s integrity, clients and/or services. As described below, staff must discuss with their supervisor or an agency administrator any questions or situation that may potentially pose a conflict of interest so that a constructive resolution to the matter can be achieved.

HEC employees, in all positions, departments and at all levels must understand that their professional priorities and responsibilities are first, to the students and second, to the integrity of the agency and the agency’s services. The professional behavior of all employees must be consistent with this understanding.

When ethical problems arise, if they are not managed effectively, the integrity of the organization and the objectivity of the organization’s services are at stake, and trust may be eroded at every level.

Managing Conflicts of Interest

On the organizational level:
Each year, HEC reviews its relationships with other care providers, educational institutions,
manufacturers, and payors to determine whether conflicts of interest exist and whether the relationships are consistent with law and regulation. Any conflicts of interest that are discovered during the annual review will be resolved decisively and in a timely fashion.

On the individual employee level:
All potential or actual conflicts of interest must be reported in a timely and complete fashion.

HEC staff who may have a conflict of interest should discuss the situation with their supervisor or an agency administrator. When a possible conflict of interest is discovered or reported, the facts of the situation will be thoroughly referred to and be objectively analyzed by an ad hoc Conflict of Interest Review Committee. The COIRC will determine if a conflict of interest, or the potentially damaging appearance of a conflict of interest may exist. If it is determined by the COIRC that a conflict of interest, or the potentially damaging appearance of a conflict of interest may or does exist, a plan will be developed and implemented by senior management to manage
or eliminate the conflict.

Conflict of Interest Review Committee
The COIRC is an ad hoc committee comprised of members of the senior and/or secondary management team who do not have any direct connection with possible COI.

The function of the COIRC is to review and evaluate the facts of a specific potential conflict of interest. Based on this review and evaluation, the COIRC will provide it s findings and any recommendations to Administration.

The President/CEO or his designee will select the members of the COIRC, some of whom may be drawn from the Human Rights and Organizational Ethics Committee.

INTERNAL INVESTIGATION POLICY AND PROCEDURES
Staff are required to read and comply with the full policy which is found in Chapter5, “Urgent
Events and Emergencies”, of HEC Policies and Procedures.

Hillcrest is committed to providing safe and effective services to our students. Safety and effectiveness go hand in hand. In order for students to be able to concentrate on their treatment and education, they must feel safe and protected. In order for staff to be able to focus on the care, treatment and education of students, they must feel safe and protected.

Allegations and indications of abuse and neglect, student complaints and grievances related to abuse or neglect, accidents, injuries and medical emergencies are taken very seriously. These types of events result in a timely exploration and inquiry into the event, and in a timely, thorough and objective internal investigation, if indicated by the initial inquiry or by the nature of the
event itself.

All internal investigations are authorized by Hillcrest’s Executive Vice President or designee. Program Directors conduct or authorize preliminary explorations and inquiries into allegations/complaints/events.

Depending on the nature of the incident or event, staff alleged to have been involved in the incident or event may be suspended pending the results of the investigation. Payment for time suspended, or continuation of employment, would be determined, based on the outcome of the

PERSONNEL POLICIES

JOB CATEGORIES

The types of employees at HEC are as follows:

Full-time employees – those employees whose regularly scheduled workweek is at least 36 hours. These employees are eligible to receive company benefits. Any employee wishing to reduce their weekly hours must submit their request in writing to their department head for consideration.

Part-time employees – those employees whose regularly scheduled workweek is at least 20 hours, but fewer than 36 hours. These employees do receive pro-rated company benefits.

On-call employees – those employees who are called to work a particular shift(s) on an as- needed basis who do not qualify for either full or part time status. These employees do not earn company benefits, but do receive differentials.

Temporary employees – those employees who are hired for brief continuous periods of time, especially during the holidays or summer, usually not to exceed three months. These employees do not earn company benefits.

ON-CALL STAFF EXPECTATIONS

HEC hires many on-call Child Care staff every year. On-call staff provides us with the relief we need when we have vacancies, and when full and part time staff take benefit time off. On-call staff are paid a set hourly rate because they do not have a set schedule, nor do they receive benefits. On-call staff hours may vary week to week and it is the staff’s responsibility to follow campus procedure to schedule hours that are mutually agreeable.

On-call staff are required to work a minimum of one regular shift each pay period and sign up for one “stand by” shift each pay period. On-call staff are encouraged to call more than
one campus to schedule hours, as long as they do not schedule more than 60 hours/week.

Should an on-call staff transfer to a full or part time position with benefits, the staff will be placed on the pay scale that is currently in effect for the new position, based on their educational level and experience.

Because HEC provides services for emotionally disturbed children and adolescents in a challenging work environment, we require that on-call staff schedule hours and receive training on a regular basis as outlined in the agreement.

Working a minimum number of hours each quarter and receiving 24 hours of training annually, helps us make sure that on-call staff are safe and that our students receive high quality care from staff who know them and who are properly trained.

If you are unable to fulfill the requirements for minimum hours worked each quarter, (one 8-hour shift per pay period) or if you do not receive the required number of training hours annually, we will consider you to voluntarily quit your position as an on-call staff at HEC.

VOLUNTEERS

Volunteers can be a great asset to a non-profit organization and are welcomed by HEC. Due to the fact that HEC deals with children and youth who are prime targets for abuse, volunteers are closely screened, supervised, and evaluated. Volunteers are required to follow all policies, procedures and guidelines of the organization and a Background Record Check must be completed prior to commencing their voluntary assignment.

STUDENT INTERNS

Interns, or individuals enrolled in accredited college programs leading to a degree, are welcome at HEC. Generally, an intern is enrolled in a course, which requires real experience in the field. Internships, practica, and fieldwork courses all qualify. Generally, a report or evaluation of the student’s performance is provided to the individual college or university. The intern is seen as an individual who is learning and implementing that learning under the supervision of a qualified staff member. At this time, internships are not paid positions. Stipends may be available, based on fund availability.

Due to the fact that HEC deals with children and youth who are prime targets for abuse, interns are closely screened, supervised and evaluated. Interns are required to follow all policies, procedures and rules of the organization including a Background Record Check, and must complete New Staff Orientation.

ADDITIONAL EMPLOYMENT

HEC expects its employees to put employment at HEC above any other employment the employee may have or obtain. Other employment is acceptable only to the extent that it does not interfere with, or diminish, the employee’s ability to perform their job responsibilities at HEC. This applies equally to an employee seeking overtime at any HEC site in as much as the election to work overtime cannot interfere with an employee’s ability to perform their job responsibilities.

PERSONNEL FILES

Personnel Files on each employee are maintained in the Human Resources Department. This file contains personnel records, evaluations, HEC correspondence, and correspondence from and to government agencies as well as other material.

The employee may comment in writing about material contained in the Personnel File and those written comments shall be attached to and made part of the material in their file.

Upon written request, the Personnel File will be available for examination by the employee. Said examination will be at a time convenient to the employee and the employer. Upon written request, the employee will be provided with a copy of his/her Personnel File at no charge, and the request will be completed within 5 business days of receipt of signed request.

CHANGE OF PERSONAL STATUS

Any change of status (address, telephone number, marital status, dependents, next of kin, etc.) should be reported to the Human Resources Department, in writing, within one week of such change. Many times, these changes of status affect benefits or beneficiaries. We have a limited amount of time (usually 30 days) to make changes with our benefit carriers, so we encourage staff to let us know immediately of any status change.

EMPLOYEE RIGHT NOT TO PARTICIPATE IN CARE AND SERVICES BASED ON CULTURAL/RELIGIOUS GROUNDS

HEC respects its staff member’s cultural values, ethics and religious beliefs and the effect these may have on the care and services provided. HEC will attempt to accommodate employees who give advance notification to their supervisor that they do not wish to participate in an aspect of care or service because of cultural values, ethics, or sincerely held religious beliefs.

Employees are informed during orientation that they may request not to participate in an aspect of care because of cultural values, ethics, or sincerely held religious beliefs. If an employee identifies an aspect of care or service in which he/she wishes not to participate, a request in writing is made. The request must include the cultural, ethical or religious reason, as well as the aspect of care or services from which the staff member wishes to be excused.

The supervisor will review the request to determine whether accommodation is possible. If accommodation is possible the supervisor will notify the employee and others who need to be involved in the accommodation. There will be an understanding that if the accommodation cannot be provided because of undue hardship, the employee will be expected to perform assigned job duties so as not to negatively affect delivery of care or services.

If an accommodation is not possible, the employee will be allowed to explore other job opportunities within the organization where accommodations might be possible. If an employee does not agree to render appropriate care or services in an emergency situation because of personal beliefs, the employee will be placed on a leave of absence from their current position and the incident will be reviewed.

HEC DRIVER CERTIFICATION

In order to insure the highest standards for safety and accountability while transporting students, HEC publishes the HEC Drivers List. Requirements for inclusion on this list include an initial driver’s license abstract review and a bi-annual driver’s license review.

All staff transporting HEC students in an HEC vehicle must be on the HEC Drivers list. Application for inclusion is mandatory for all new hires that currently possess a valid (Massachusetts, New York, Connecticut etc.) drivers license. The HEC driving privilege is valid for two years from the date of issue. The Driver’s Record Review is accomplished through normal channels during the hiring process. Initial training is conducted during On Site Orientation. After participation in the training session and successful review of the driver’s historical abstract, a staff members name will be placed on the list.

HEC has adopted the following recommendations from our insurance company for exclusion from the certified driver’s list:

1. Major Incident within the previous 3 years
2. 3 Minor Incidents within the previous 3 years
3. Any set of circumstances, combination of incidents or other matters warranting exclusion
from the list.

Re-certification for HEC license:
When a license approaches expiration, a staff member may reapply for the HEC license by
completing a request for insurance driving abstract review

Upon review and approval of the insurance abstract, the staff member will be approved for a 2- year extension to the HEC license. The monthly drivers list will include the staff member’s name, date of license issue and expiration date.

Upon review and approval of the original driver’s license abstract, and subsequent bi-annual review, driver license information will be placed in the employee’s personnel file.

Management/Supervisor/Maintenance Requirement:
All supervisors are required to have a HEC Driver’s License and will transport students, staff and provide other driving related services as requested by their supervisor using agency vehicles. Vehicles include cars, vans and trucks that do not require a special license to operate.

Supervisory staff must possess a valid Northeast region driver’s license and have successfully been awarded a Hillcrest Driver’s License. Supervisory staff who have a driver’s license but who have not successfully received a HEC license must provide a corrective action plan to the Program Director within 30 days of notification of failure to obtain HEC license. If the corrective action plan is approved by the PD, the staff will have 90 days to implement the corrective action plan and to obtain a HEC license.

Failure to comply with this directive will result in transfer to a position that does not require staff to drive HEC vehicles. Staff are required by policy to report to their supervisor, who will then report to HR, any driving infractions or accidents so that their HEC license can be re-evaluated.

Supervisors include:
Assistant Supervisors, Supervisors, Campus Administrators, Senior Management Team, Department Heads and Maintenance Staff.

MILEAGE REIMBURSEMENT

HEC will agree to reimburse the employee for pre-approved mileage when using a personal vehicle for HEC business. Reimbursement requests must be submitted on a monthly basis. Tolls will also be reimbursed if accompanied by a receipt. Mileage will not be paid for travel to and from the job site from home or to home from the job site. It is expected that the employee, for

his/her protection, will hold more than adequate liability insurance on his/her vehicle. A
minimum of $100,000/$300,000 is recommended.

WORK AT HOME POLICY
Under very controlled situations, Program Directors, with Executive Vice President approval, may allow professional staff the opportunity to work at home on specific assignments. Since Professional staff supervise or work directly with the students, these requests can only be handled on an occasional basis.

All requests should be made to the Program Director and must include an outline of the work to be done and the rationale for performing the work at home. At this time, the Program Director and the employee will set parameters for the amount of time the project will take. If the work is to be done at home during normal work hours, time normally involved in travel to and from the home will not be counted as work hours. If the project is to be done outside normal work hours, an agreement on flex time will be discussed.

Director level positions with no direct care or supervisory responsibility may be granted more flexibility in the amount of time that work can be performed at home. Management staff will coordinate schedules with their supervisor and will agree to review the schedule as often as needed based on HEC needs. Under no circumstances will a regular schedule be created where a set number of hours are worked at home. The schedule must remain flexible to accommodate
the needs of the agency.

HEC will consider work at home arrangements, where operationally feasible, as a possible reasonable accommodation for otherwise qualified employees with a disability.

DAMAGE TO PERSONAL PROPERTY

HEC will not be responsible for the loss or damage of an employee’s personal property that is not necessary for the performance of their official duties (jewelry, unapproved electronic equipment, etc.).

In certain instances (torn clothing, broken eyeglasses, approved electronic equipment, etc.), HEC may pay for the repair or replacement of the item(s) providing the appropriate documentation is provided.

If you have personal property damaged by a student, WITHIN 48 HOURS OF THE INCIDENT
you must:
• Complete a report of property damage (including any witness statements);
• Attach the student incident report;

• Give the paperwork/documentation to your Program Director/Manager (or designee). Your Program Director/Manager (or designee) will determine the action the Agency may take.

DAMAGE TO PERSONAL VEHICLES

HEC will not be responsible for alleged damage to staffs’ personally owned vehicles while parked on HEC property unless there is documented evidence that a student under HEC’s care caused the damage to the staff’s vehicle.

If you believe your personally-owned vehicle has been damaged by a HEC student and it is during normal business hours (Monday to Friday, between 8:00 a.m. and 5:00 p.m.), WITHIN
48 HOURS OF THE INCIDENT you must:
• Provide documentation, in written form, by all staff that witnessed the incident;
• Complete a report of property damage as the owner of the vehicle;
• Attach the student incident report;
• Give all documentation to your Program Director/Manager (or designee).
• Program Director/Manager (or designee) will assist staff in providing or preparing any of the required documentation.
• Your Program Director/Manager (or designee) will forward all information to the Vehicle
Maintenance Manager.

If you believe your personally owned vehicle is damaged after normal business hours the Vehicle
Maintenance Manager must be contacted by leaving a message at (413) 637-2834, ext. 240.

An investigation will be conducted by the Vehicle Maintenance Manager and either HEC or its insurance carrier may respond to repair the damage if clear liability was established. (The Vehicle Maintenance Manager will supply a copy of the property damage incident documentation to the Business Office for filing with our insurance carrier if/as needed.)

If clear liability is established:

• The Vehicle Maintenance Manager will direct the employee to an approved automobile repair shop to receive an estimated repair cost;
• The repair shop will send the estimate directly to the Vehicle Maintenance Manager;
• The employee will be contacted by the Vehicle Maintenance Manager and be instructed to have the damage repaired within 60 days;
• The employee has the option of having the repairs done at the approved repair shop or at a repair shop of their choice, but at a cost not to exceed the original estimate from the
approved repair shop;
• If the employee opts to use a repair shop of their choice and the cost of the repairs is less
than the original estimate from the approved repair shop, HEC will pay only the actual cost incurred;
• Reimbursement for the damage repairs will be made directly to the repair shop and not to the employee;
• Damage not repaired within 60 days will not be paid for.

Damage that appears on vehicles, but is not witnessed by a staff, may not be covered by HEC.

Damage that appears on vehicles, but is not reported within 48 hours may not be covered by HEC.

LEAVES

FAMILY & MEDICAL LEAVE

Employee rights and responsibilities under the Family and Medical Leave Act:

Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

1. For incapacity due to pregnancy, prenatal medical care or child birth;

2. To care for the employee’s child after birth, or placement for adoption or foster care;

3. To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or

4. For a serious health condition that makes the employee unable to perform the employee’s job.

Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12- week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post- deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, or a Veteran who became injured or ill within 5 years of discharge, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

Benefits and Protections
During FMLA leave, the employer must maintain the employee’s health coverage under any
“group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

Eligibility Requirements
Employees are eligible if they have worked for a covered employer for at least one year, for
1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.

Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken
intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.

Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the need
is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.
Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient
information may include that the employee is unable to perform job functions, the family
member is unable to perform daily activities, the need for hospitalization or continuing treatment
by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a
certification and periodic recertification supporting the need for leave.

Employer Responsibilities
Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.

Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.

MASSACHUSETTS MATERNITY LEAVE ACT

Pursuant to Massachusetts state law, HEC grants an eight-week maternity leave, per child, following the ending of pregnancy for female employees who have completed the Introductory Period of employment. Such leave may, at the option of the employee, be paid leave deducted from any sick and/or vacation entitlement; otherwise the leave is unpaid. For those entitled to FMLA, the maternity leave will run concurrently with FMLA to the maximum extent permitted by both laws. Staff should set up an individual counseling session with Human Resources to review all applicable policies.

An employee on maternity leave shall notify the Program Director/Manager of her intention to return to her employment. Employees returning from a maternity leave of eight weeks or less will be returned to her previous, or a similar, position. Employees returning from a maternity

leave of up to twelve weeks under FMLA will be returned to their previous position, or to an equivalent position.

SMALL NECESSITIES LEAVE ACT

An employee who has worked for HEC for a minimum of a year, and has worked 1250 hours, may take a total of 24 hours unpaid leave each year (1) to participate in school or day-care activities that are directly related to the educational advancement of his or her child, (2) accompany his or her child to routine medical or dental appointments or (3) accompany an elderly relative to routine medical or dental appointments or other appointments for the elder’s care.

Covered relations under the “Small Necessities Act”: A son or daughter means a minor child who is the biological or legal child of the employee. An elderly relative is any person over the age of 60 years who is related by blood or marriage to the employee.

The 24-hour leave may be taken intermittently or on a reduced leave schedule. If an employee wishing to take Necessities Leave has accrued benefit time under HEC policy (e.g. vacation, sick, personal time), such time must be used concurrently with any time under SNLA. Additionally, paid benefit time used by an employee for any of the foregoing qualifying reasons will be counted against, (and thereby reduce), the employee’s leave entitlement under SNLA.

If the necessity for the leave is foreseeable, an employee is required to provide HEC with at least seven days’ notice before the date the leave is to begin. If the necessity for the leave is not foreseeable, then the employee must provide such notice as is practicable.

Upon request by HEC, an employee must provide written “certification” from an appropriate person or entity certifying the basis for the requested Necessities Leave. Such certification shall be in the form provided by HEC.

MILITARY AND NATIONAL GUARD LEAVE

Our military leave policy will remain in effect in accordance with state and federal law. Additionally, should an employee be called to active State service, HEC will supplement the difference in pay between the employee’s base pay (no overtime, differential, or stipend will be included) and the pay received by the state. The employee will be required to provide documentation (pay stub or similar) to receive this benefit. We believe that should an employee be called to federal service, the rate of pay will be higher than HEC pay, but should this not be the case, we will review each case individually.

All appropriate benefits will remain in effect if the employee so chooses:

• Health and dental insurance at current contribution level
• Pension contribution (based on base pay employee would receive if working 40 hours).
• Disability and life insurance
• Supplemental insurances purchased by the employee

Vacation and sick accruals will stop during the leave, but hours may remain in the banks until the employee returns to work and may be used upon return. Should the employee choose to cash out vacation hours, the employee may do so.

Tuition reimbursement that is due will be “frozen” and will be payable upon return.
Please see the Family and Medical Leave section for additional information for Military and their
families.

Upon completion of qualifying military service, eligible employees will be reinstated to employment at HEC pursuant to the Uniformed Service Employment And Reemployment Act (USERRA) or other applicable law. Employees must comply with all required notification and return-to-work deadlines and requirements imposed by USERRA or other applicable law. Employees are encouraged to discuss these issues and requirements with Human Resources prior to deployment or other active duty.

SUMMER LEAVE POLICY FOR TEACHERS

Summer Leaves for teachers will be considered based on individual campus circumstances. Critical to the determination of approved leave is the individual campus ability to provide quality educational services and meet IEP needs during teacher absence. Teachers may request the summer off through our Unpaid Leave of Absence Policy, modified as follows:

A written request must be presented to your Principal and then must also be approved by the Program Director, the Director of Human Resources and the Vice President. The written leave policy states that benefits would be discontinued during leave unless you pay both employee and employer premiums, but for the purpose of teachers requesting Summer Leave, HEC will

continue to pay the employer portion of benefits during your leave. You would have to pay the employee share of the premiums for the entire summer prior to leave.

A vacation week is scheduled at the beginning and at the end of summer, but teachers who request Summer Leave would only be eligible to be paid for the week of vacation at the beginning of summer. Your salary will be reinstated beginning with the first day you return to full time teaching duties. Teachers requesting Summer Leave are making a commitment that they will return to their positions in the fall. Should a teacher not return from Summer Leave, they will be considered to have left in poor standing with the Agency.

To apply for leave:
Teachers must have one year full time teaching at HEC. Each program will determine the
number of requests that can be accommodated. If more requests are received than can be accommodated, the following criteria will be used in determining who is granted leave:
• seniority
• current performance
• leave requested and granted in previous years
• ability for program to cover position during leave

Teachers may request time off in the summer of a few days or a week, which will be unpaid. Requests must be in writing and approved by the Principal, Program Director and HR Director by June 30th each year. Approval will be based on ability to cover position during absence, employee performance, and seniority.

UNPAID LEAVE OF ABSENCE

Employees may be granted an unpaid leave of absence at the discretion of HEC for compelling reasons. A request must be presented to the appropriate supervisor and subsequent written approval of the Program Director and the Vice President received.

To continue medical benefits and other paid benefits during an unpaid leave of absence (except leave that is granted under the FMLA), the employee must pay all premiums, that is the employee and the employer share.

Employees on unpaid leave of absence do not accrue vacation or sick time during the leave. An unpaid leave of absence will be granted for a very specific period of time, generally
not to exceed one month (30 days). Applications for leave extensions must be made in writing
and approved prior to the end of the previously granted leave.

HEC will consider an unpaid leave of absence, in addition to any leave to which the employee may otherwise be entitled under the FMLA or other applicable law, as a possible reasonable accommodation for otherwise qualified employees with a disability.

RETURN TO WORK POLICY – FIT FOR DUTY

It is imperative that HEC be assured each employee is able to safely handle the essential job functions outlined in their job description as well as the ability to safely perform a physical intervention with a student.

If an employee is out of work for two or more consecutive days and/or accidentally injured outside of work and/or under doctor’s care for one or more days due to a non-routine illness, injury or disease he/she may be required to submit to a fitness for duty physical examination before being allowed to return to work. This examination will assure HEC and the employee he/she is able to perform the essential job functions safely. An independent occupational medical provider will perform the fitness for duty evaluation and will be paid for by HEC. It is the assessment of the occupational medical provider that will be the determining factor of the employee’s ability to perform the essential job functions safely.

Failure to submit to a mandated physical examination will result in HEC assuming you have voluntarily resigned your position.

TIME OFF BENEFITS

VACATION

Staff hired prior to 8/1//2009 should contact Human Resources if you have questions about your vacation accrual.

Staff Hired Post 8/1/2009 – other than teachers, clinicians and nurses

New hire – 6 months no vacation accrual
6 months – 1 year Accrue 1 week
1st Anniversary Accrue 2 weeks
4th Anniversary Accrue 3 weeks
6th Anniversary Accrue 4 weeks

Staff regularly scheduled 20 hours or more per week receive pro-rated vacation.

Teachers will receive 6 weeks of pre-scheduled vacation time off in accordance with the school calendar.

Clinicians and Nurses will accrue 3 weeks of vacation upon hire but are not allowed to use their time until completing 6 months of employment unless approved by Program Director/Manager. The vacation accrual will increase to 4 weeks on their 6th anniversary as indicated above.

Housatonic Academy Time Off Rules
The Housatonic Academy follows the Pittsfield Public School calendar with some modifications.
HA also has a summer program. Teachers have designated vacation time off per the Housatonic
Academy calendar, and do not accrue vacation or floating holiday hours.

All other staff at Housatonic Academy must use their vacation or floating holiday hours when they take time off. Staff will not accrue enough time off to be paid for all the scheduled vacation at HA, and are expected to either schedule hours at other campuses, or go unpaid, if they do not have enough benefit time to use that payperiod.. It is your responsibility to call the schedulers at the other campuses to book hours for the HA vacations. A list of schedulers and phone numbers is available from Human Resources, 499-7924.

Some Housatonic Academy professional and administrative positions are exempt from this requirement, since their duties continue even when students are not present.

Staff will not be allowed to take vacation time off other than at the HA scheduled vacation times, unless it is an emergency situation. Staff must have pre-approval from the Director, before scheduling vacation other than at HA vacation times.

Staff are expected to report for work when there are snow days. Since our students come from many school districts, not all schools close and we may have students at HA even if Pittsfield Public Schools are closed due to snow.

VACATION CARRYOVER

Staff are allowed to carry one week of vacation into the new Fiscal Year. Hours beyond one week will be forfeited on the date of vacation reduction (i.e., use it or lose it). The date of vacation reduction will vary from year to year depending on the payroll cycle. Staff will be notified in advance of the date of vacation reduction.

VACATION DONATION POLICY

Employees are allowed to donate accrued vacation hours to another staff if the donation is approved by the supervisor. If you choose to donate vacation hours to another staff, you must complete the Vacation Donation Form found on your campus or in Human Resources. Accrued sick time cannot be donated. It is important for staff to understand that the donation is nonrefundable. Completed forms should be returned to the Payroll Manager for processing.

SICK TIME (also see Attendance and Punctuality Standards)

Earned Sick Leave Policy

Accrual of Sick Leave

 All employees of Hillcrest Educational Center, Inc. (the “Company”) are eligible to accrue paid sick leave. Current eligible employees begin to accrue sick leave under this policy on July 1, 2015.  Thereafter, eligible employees begin to accrue sick leave on their first day of work and may begin using accrued leave after they have been employed for 90 days. Sick leave accrues at a rate of 1 hour per 30 hours worked.

Full-time salaried employees are presumed to work 40 hours per week for accrual purposes, unless their job specifies a lower number of hours per week. Employees can accrue a maximum of 40 hours of sick leave per benefit year. For purposes of sick leave, the benefit year begins on July 1 and ends on June 30.  Once an employee has accrued 40 hours of earned sick time during the benefit year, they do not continue to accrue more hours of earned sick time regardless of the additional hours they work. Sick leave is paid at the employee’s current regular pay rate, on the same schedule as regular wages are paid, and does not include commissions, bonuses, overtime, holiday pay, or any other premiums.

No more than 40 hours of earned, unused sick leave may be carried over from one calendar year to the next.  No payment will be made for earned, unused sick leave upon separation from employment.

Interaction with Other Types of Leave

 If any time off covered under this policy is also covered under the Company’s FMLA, Parental Leave, SNLA leave, or other leave of absence policies, sick time shall run concurrently with such leave. Employees may choose, and the Company may also require employees, to use earned sick time to receive pay for absences under other leave policies if those absences would otherwise be unpaid.

 Use of Sick Leave

 An employee may use sick leave to:

  1. Care for the employee’s child, spouse, parent, or spouse’s parent who is suffering from a physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care;
  1. Care for the employee’s own physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care;
  1. Attend the employee’s routine medical appointment or a routine medical appointment for the employee’s child, spouse, parent, or spouse’s parent;
  1. Address the psychological, physical or legal effects of domestic violence; or
  1. Travel to and from an appointment, pharmacy, or other location related to the purpose for which the sick leave was taken.

Employees may use earned sick leave in hourly increments.  Any sick leave taken will run concurrently with time off provided under other state and federal laws that allow employees to take leave for the purposes listed above.

Notification of Use of Sick Leave

Employees must give the Company notice of any use of sick leave.

For pre-scheduled or foreseeable absences, employees must give notice seven days in advance.

If the absence is not foreseeable, the employee must provide notice to the supervisor on duty (1) hour before the start of the employee’s shift. If one (1) hours’ notice is not reasonable due to an accident or sudden illness, notice must be provided as soon as practicable.

If an employee is unable to provide notice personally, the employee’s spouse, adult family member, or other responsible representative may provide notice. For multi-day absences from work, employees must notify the Company of the expected duration of the leave or, if unknown, provide notice on a daily basis.

Sick leave will not excuse lateness for work unless used for an allowable purpose listed above.

Documentation and Verification of Use of Sick Leave

 The Company will never request documentation to explain the nature of an illness or the details of any domestic violence for which an employee has taken leave under this provision. If an employee receives such a request from a manager or supervisor, the employee should not respond to the request and should report it to Human Resources.

The Company may, however, require employees to submit written verification that they have used earned sick time for allowable purposes.  Employees will utilize the Employee Verification Regarding Authorized Use of Earned Sick Time Form to document the allowable purpose of their sick time used.  Circumstances for which employees using sick time will be asked by to complete this form include, but are not limited to:

  • Immediately before or after a scheduled vacation
  • On or immediately before or after an HEC recognized holiday
  • When attendance is a documented performance issue
  • When an employee has exhausted their sick time balance
  • On a date that the employee has put in for time off and it has been denied

When an employee’s use of earned sick time results in an absence of more than 24 consecutive work hours (or three consecutive work days), the Company may also require a written certification from the employee’s health care provider that he or she used sick time for an allowable purpose.  In addition, the Company may require certification from a health care provider for sick leave taken within two weeks of an employee’s scheduled termination date or after four unforeseeable and undocumented absences within a three-month period.

If an employee is absent for more than 24 consecutive work hours for reasons related to domestic violence, the Company may request documentation concerning the need for earned sick time. In such cases, the employee may provide:

  • A restraining order issued by a court;
  • A police record documenting the abuse;
  • Documentation that the perpetrator of the abuse has been convicted of assault, battery, rape or another “crime against the person” under Massachusetts law, where the victim was a family or household member;
  • Medical documentation of the abuse;
  • A statement provided by a counselor, social worker, health worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the employee in addressing the effects of the abuse; or
  • A signed written statement from the individual attesting to the abuse.

The Company will not disclose any evidence of domestic violence without the consent of the employee.

If the Company requires certification or documentation concerning the use of earned sick leave, the employee must provide it within seven days of the sick leave for which such certification or documentation is required. If the employee fails to do so, without reasonable justification, the Company may recoup the amount paid for earned sick leave from the employee’s future pay. The Company may also delay or deny the future use of an equivalent amount of earned sick time until such certification or documentation is provided.

Misuse of Sick Leave

Any employee who misuses earned sick leave by taking it for a purpose that is not consistent with the allowable purposes listed above will be subject to discipline up to and including termination. The Company will not base any adverse employment action, including denying use or delaying payment of earned sick leave, on an employee’s lawful use of sick leave.

HOLIDAYS

All full time employees who receive benefits are entitled to 4 HEC recognized holidays annually:

New Year’s Day
Independence Day
Thanksgiving Day
Christmas Day

Non-exempt staff that work on the holiday will be paid time and a half for the hours worked, and will also be paid holiday pay (max of 8 hours – prorated for part time staff)

Benefited Staff who do not work the holiday will receive holiday pay for the HEC recognized holiday.

If a holiday falls during an employee’s vacation, that employee will not be charged a vacation day, but will instead receive holiday pay.

FLOATING HOLIDAYS

Full time staff with benefits will earn 40 hours of floating holiday time annually. 8-hours will be placed in the Floating Holiday bank on July 1st and 32-hours will accrue throughout the remainder of the fiscal year. . (FH hours are pro rated for part time staff with benefits.)

1. Floating holiday hours will accrue in a FH Bank.

2. The FH bank will be capped at 48 hours; there will be no accruals until the bank is reduced by staff use of the hours. (pro-rated for part time staff)

3. Staff may carryover FH hours from one fiscal year to the next.

4. Staff may use FH time in hour increments if approved by their supervisor.

5. Teachers will not accrue FH hours because the school schedule allows for teacher paid time off during other traditional holidays. They are able to use the one 8-hour floating holiday at their discretion with supervisor approval.

6. Floating holidays has no cash value at time of termination, and will not paid out.

PERSONAL TIME

Employees, on July 1 annually, will receive a 16 hour deposit of personal time;   Reasons for personal time include those described in the “Small Necessities Act” and also include time off to attend to business or their personal matters that can only be attended to during an employee’s shift.  Personal days are not intended to be used as additional vacation days.

Employees are expected to give 3 days notice when requesting personal time off since the intent is for time to be used for planned events.  In case of emergency, requests with less than 3 days notice may be granted and will be reviewed on a case-by-case basis.

LONG TERM ILLNESS BANK

This account can be used to cover time off from work that results from a qualified FMLA or, Worker’s Compensation leave, or due to disability event. (These events are described individually in other sections in this manual.)

At the end of each Fiscal Year the sick bank will be reduced to a maximum of 2 weeks. Sick hours over two weeks will be rolled into the Long Term Illness Bank. This bank has no cash value at time of termination, and will not be paid out.

The maximum number of hours in the LTI Bank will be 480.

BEREAVEMENT

Staff who receive benefits will be granted bereavement leave for up to 5 paid, scheduled working days (maximum of 40 hours) within seven consecutive days following the death of a husband, wife, mother, father, stepfather, stepmother, son, daughter, or significant other, at the discretion of the Program Director or Department Head. (Pro-rated for part time staff)

Staff who receive benefits will be granted paid bereavement leave for up to 3 working days (maximum of 24 hours) within seven consecutive days following the death of a brother, sister, grandfather, grandmother, mother-in-law, father-in -law, son-in-law, sister-in-law, brother-in- law, or any relative living in the same household, at the discretion of the Program Director or Department Head.

Documentation may be required to access this benefit.

JURY DUTY

Full and part time benefited employees who are called to jury duty must provide HEC with appropriate paperwork. HEC will pay the employee for regularly scheduled work hours that were spent at jury duty for up to three (3) days. If the employee remains on jury duty beyond 3 days, HEC will supplement the employee’s pay by the difference between their regular pay and the
pay they are receiving from the court system.

Night Shift Employees:
If you are called for jury duty and you work the night shift, you do not have to work the night
prior to jury duty, or any nights that you are scheduled during your active jury duty. Your supervisor must enter that you are on jury duty in e-time, and you will need to submit the proper documentation to payroll. If you serve on jury duty and it ends before 4 p.m., you are required to report to work for your scheduled shift that night. However, every attempt will be made to allow you to use personal or vacation time if you prefer not to work the night jury duty ends. You

should give your supervisor or campus designee as much advance notice as possible if you do not want to work that shift so they can find a replacement for you.

SNOW DAYS

As HEC is never closed due to bad weather conditions, all employees are expected to work their scheduled hours. If, due to weather conditions, an employee expects to be late for work or does not believe that it will be possible to get to work, s/he has the responsibility of notifying his/her supervisor, in advance of being late or absent. Any work time missed due to weather conditions will either be rescheduled by the employee with the supervisor’s approval during the same work

week, or be taken as personal or vacation leave.

TRAINING & DEVELOPMENT

STAFF TRAINING & DEVELOPMENT

Hillcrest Educational Centers’ Workforce Learning Department provides a learning and development process that promotes quality of programs, student and family successes, and professional and personal growth of staff. The training delivered meets or exceeds federal, state and agency compliance requirements, as well as accreditation standards.

New Staff Orientation:
All staff are required to attend and successfully complete New Staff Orientation prior to assuming their respective duties and responsibilities of their position at Hillcrest Educational Centers. New Staff Orientation is intended to welcome the employee and provide them with an introduction to the organization and the services it provides, as well as comply with the training and development requirements of federal and state regulatory agencies and accreditation bodies. New Staff Orientation is comprised of four main components including Federal, State and Agency Compliance Training, Skills for Life and Crisis Prevention/Intervention Training, and First Aid, CPR, and AED Certification.

Following New Staff Orientation, all staff participate in an on site orientation program on the campus/site to which they are assigned. The purpose of on site orientation is to acquaint the new staff with the physical setting of the site, introduce them to key on site personnel, review safety procedures specific to the site, provide a description of the programs and services, discuss the population served, review the routines and schedules of the site, deliver additional compliance training topics, and cover the specific duties and responsibilities of the new staff’s respective jobs.

On Going Compliance Training:
All direct care staff are required to participate in at least 24 hours of training each year. On going mandatory training includes all federal, state and agency compliance topics, as well as accreditation required topics. The frequency and length of time for on going
mandatory training is based on regulation or standard. Specific job duties and responsibilities require additional on going mandatory training in areas identified by regulation or standards.

HEC staff that does not fulfill in-service training requirements may be subject to disciplinary action up to and including termination.

LEARNING MANAGEMENT SYSTEM TRAINING

Hillcrest Educational Centers provides learning activities to support employee development to meet the needs of individuals served, to enhance professional skills and assist in career development goals.

As part of our commitment to staff learning and development, we provide online courses within a learning management system (LMS). Employees are given access to online courses via a secure user name and password.

Mandatory Training and Education
Hillcrest Educational Centers requires mandatory training for all employees that meet or exceed
licensing regulations and accreditation standards. Mandatory training and other agency requirements are listed with specific due dates on the employee’s training plan. Employees access their training plan within the learning management system.

All mandatory training is expected to be completed on or before the “required by” date. Non-exempt (generally hourly) employees will be paid their regular rates for completion of online learning. Residential staff are expected to complete their online learning within their short week. Opportunities will be made available for night staff to complete their on line training during the shift. Non-exempt staff must have supervisory pre-approval to complete online learning that will generate overtime pay. Exempt employees may complete the training outside their regular scheduled hours, at their discretion, but will not receive any additional compensation or time off.

Timely completion of training will be part of an employee’s performance evaluation. Employees will not be eligible for raises, promotions or other compensation until all required training is completed. Completion of required training does not guarantee raises, promotion or other compensation or in any way alters the “at will” status of employment.

Recommended Training and Education
A supervisor may recommend specific online courses as a performance improvement activity or
as part of an employee’s professional development or the employee may request permission to take specific courses. Time spent on online courses that are taken with supervisory pre-approval will be compensated as described in the Mandatory Training and Education section of this
policy.

Elective Training and Education
The learning management system provides a library of professional online courses on a variety of behavioral health and human service topics. Employees may, at their own discretion, take online courses for professional development or personal interest at no cost. Employees choosing to take online courses at their own discretion, as electives, must do so on their own time and will not be compensated for their time.

LEARNING MANAGEMENT SYSTEM USE POLICY

HEC employs the use of a Learning Management System to perform workforce learning functions including, but not limited to, scheduling of in-person and on-line coursework, delivery of on-line coursework and reporting of compliance with state, federal, agency, and accreditation required training.

Prior to accessing the Learning Management System all staff are required read, sign and agree to abide by the Hillcrest Education Centers Learning Management System Use Policy.
Employees must agree to the following:
• I am responsible for any actions that are conducted using my Hillcrest Educational
Centers Learning Management System account.
• I will not allow anyone else, including but not limited to, family members, friends,
classmates, and/or colleagues, to use my account, or take the course tests on my behalf.
• I also agree that I will abide by the following guidelines:
• Never disclose my user name or password.
• Never use another person’s user name or password.
• Always sign off the system when finished and will never leave a terminal unattended while I am logged onto the learning management system.
• Never allow anyone who does not have an authorized user name and password to access any of the on line courses. Material may be copyrighted, and therefore it may be illegal to
copy or use the material outside of our organization.

Enforcement
Acts, or the condoning of acts, which achieve or attempt to achieve the unauthorized use of
Hillcrest Educational Centers Leaning Management System resources, or the unauthorized use or copying of data is prohibited. Examples of unauthorized use or copying include but are not limited to, attempts to alter systems, attempts to circumvent systems protection features, attempts to alter or destroy course and test data, attempts of unauthorized access or copying of course and test data or software, attempts to release data or software that has not been previously authorized.

Failure to abide by the Hillcrest Educational Centers Learning Management System Use Policy will result in discipline up to and including termination of employment.

EVALUATION POLICY

New staff are evaluated after completion of the introductory period, and annually thereafter.

Human Resources will notify Program Directors monthly of evaluations that are due.
Supervisors must access the training database to determine if staff has met training requirements.
The training record must be attached to the evaluation and returned to the Human Resources
Department for tracking and filing.

 

MANDATORY MEETINGS

Employees are paid for attending mandatory meetings.

EMPLOYEE BENEFITS

BENEFITS

Eligibility:
Employees who are regularly scheduled to work 30 or more hours per week (on a continuous
basis) are eligible for HEC benefit plans. Insurance costs, if any, are pro-rated for these part time staff.

New hires are eligible for our benefit plans on their 91st day of employment. In addition, HEC offers an annual open enrollment period, which eligible employees can enroll onto the insurance plans offered by HEC. Eligibility to enroll at other times due to qualifying events, is possible.

Insurances:
HEC offers, and contributes to, a portion of the premiums for health and dental insurance.

HEC offers and pays 100% of the cost of group life insurance, accidental death and dismemberment insurance, and long-term disability insurance.

The Consolidated Omnibus Reconciliation Act (COBRA):
COBRA provides for the continuation of health and dental insurances when an employee
would otherwise lose existing health/dental coverage due to an employment separation or other qualifying reason. COBRA benefits are administered through a third party administrator.

Supplemental Insurances:
HEC offers supplemental life insurance, guarantee issue, up to $200,000, accidental death and
dismemberment, and short-term disability, available at the employee’s cost.

Retirement 403(b)
HEC offers a retirement plan to help employees save for their retirement. Employees are able to
join and make contributions upon hire. HEC may make a discretionary contribution.

For more information regarding your benefits, please contact Human Resources or refer to the
Benefit Guide located in the Human Resources Folder on HECNet.

WORKERS’ COMPENSATION

HEC provides workers’ compensation insurance for all employees. WC covers employees who have sustained an injury in the course of their employment.

Employees are required to file an ART form with their supervisor and the WC Administrator within 24 hours of the occurrence of any injury or physical assault sustained on the job (in addition to the appropriate student incident report paperwork). Failure to do so may result in a negative outcome to an employee’s claim and may result in disciplinary action.

Injured employees must report to the nurses’ station for evaluation and, if necessary, referral from the Worker’s Compensation Administrator to an outside medical provider.

Full time staff who have completed their probationary period will be compensated by HEC at the rate of 60% of their hourly rate for normally scheduled work hours that would have occurred in the first five calendar days of lost time, one time per year, due to injuries on the job. Otherwise employees may use benefit time starting with Long Term Illness, then Sick, then Vacation hours, to supplement the above payment, but cannot exceed 40 total hours in a week. HEC will pay a maximum of 5 days for lost time from multiple incidents, in a 12-month period.

The physician who treated the employee for the injury and HEC’s occupational health provider must clear all employees, by providing a fitness for duty note, to return to work, who have been absent from work due to an injury.

When an employee is receiving Workers’ Compensation benefits and is eligible for FMLA, HEC
will hold the position for the duration of FMLA, subject to applicable requirements of that law.

If the employee is eligible for modified duty, HEC will support modified duty up to 45 days per a rolling 12 month period (either single occurrence, or the sum of days from more than one modified duty situation). Modified duty is not guaranteed and will depend on availability of modified duty work. Slight modifications of the 45-day maximum will be considered if supported by medical documentation and does not otherwise pose an undue financial or operational hardship to HEC.

Employees will not be paid for overtime when they are in the Emergency Room or doctor’s appointment if hours exceed their regular shift.

If You are Out on Worker’s Compensation:

If you are receiving workers’ compensation benefits from the insurance company and are no longer receiving a check from HEC, you are responsible for paying your share of your medical insurance premium, if you are also on approved FMLA leave.

Employees receiving workers’ compensation benefits who are not receiving a check from HEC, do not earn sick or vacation time. They will be responsible for medical and dental insurance premiums per the rules of FMLA and COBRA.

If you are not eligible for FMLA or you are unable to return from FMLA, you will be offered health insurance at 100% cost (plus administrative fees) through the COBRA option.

If You are Eligible For and Have Been Offered Modified Duty:
HEC will make every effort to accommodate employees who have sustained an injury while in the scope of their duties for a total of forty-five (45) calendar days per calendar year. (see General Policy, #7).

Any aggravation of pre-existing injuries will also be capped at forty-five (45) calendar days per calendar year. While on light duty, their weekly hours will not exceed forty (40). This 40 hours includes any benefit time the employee may have used that week such as holiday or vacation pay.

Any employee who is working in a restricted capacity will accrue sick and vacation leave at their normal rate and will continue to pay their regular % of insurance premiums(s).

At the discretion of the Worker’s Compensation Administrator and Program Director, overtime may not be available for thirty (30) days from the release of the employee to full duties. While we will make every effort to find modified duty work for staff who are injured, we cannot promise that we can accommodate all modified duty requests.

If you choose not to work modified duty, you must use your LTI, then sick, then vacation hours
– worker’s compensation will not pay your benefits.

EDUCATIONAL SUPPORT (Tuition Assistance Program)

All full and part time staff with benefits are eligible to apply for tuition assistance after one year of employment with HEC. Teachers may apply for assistance during their first year of employment. Teachers are limited to 12 credits each year, and all other staff are limited to 3 credits per semester. Educational Support policy, reimbursement procedures, maximum amount of reimbursement, application and sign off forms are available in Human Resources.

Staff are expected to commit to staying at HEC one year beyond the date of completion of the course, or they will be responsible for repaying HEC the amount reimbursed. Staff who resign or move to on-call status before the end of one year will be expected to reimburse HEC for the tuition or have it deducted from their paycheck as agreed upon at the time the application for tuition reimbursement was completed. This expectation does not, however, alter the at-will nature of employment at HEC.

DIRECT DEPOSIT

HEC offers a direct deposit plan for its employees. This plan allows employees to deposit their paychecks directly into the bank account(s), which they designate. Occasionally, due to technical problems or after a Monday holiday, money will not be deposited directly into your bank accounts until Wednesday (remember that HEC’s payday is Tuesday). HEC offers direct deposit as a service to you and will not be held responsible for penalties as a result of a late deposit into your account.

EMPLOYEE ASSISTANCE PROGRAM (EAP)
HEC provides employees with free, confidential, personal counseling through an Employee
Assistance Program. Employees are introduced to this plan at New Staff Orientation, and EAP representatives visit each campus and can meet with staff on, or off, campus if necessary. Participation in this program is voluntary and confidential.

CREDIT UNION
All employees of HEC are eligible to participate in the Greylock Credit Union in Pittsfield, MA. Information may be obtained by calling (413) 443-5114.

WELLNESS PROGRAM

Wellness is a critical component of our overall commitment to employee health and well-being. With this in mind we have developed and implemented a comprehensive wellness program focusing on a variety of wellness initiatives. These initiatives may include health risk assessments, wellness expos, and a variety of employee-sponsored clubs such as biking, hiking, kayaking, yoga and more.

Our mission is to increase the knowledge, activity level, and commitment to foster a culture of personal health and well being in the Hillcrest Community.