14- 118 C.M.R. ch. 5, § 8 - PERSONNEL MANAGEMENT
8.1
Personnel
Policies. The agency shall adopt written personnel policies and
procedures to adequately address the following:
8.1.1 Content. Every substance abuse program
shall have written personnel policies and procedures that shall, as a minimum:
8.1.1.1 contain a-description of adherence to
the agency philosophy of welcoming individuals who come from culturally diverse
backgrounds, and individuals who may have co-occurring mental and/or medical
disorders under which all employees are expected to operate
8.1.1.2 contain an affirmative action
policy;
8.1.1.3 provide access to
an employee assistance plan for all employees;
8.1.1.4 state hours to be worked and
provisions for vacation, sick leave, holidays, and fringe benefits, including
educational benefits;
8.1.1.5
acquire and retain evidence to demonstrate that all persons engaged in the
provision of services regulated by the State of Maine, other applicable
government entities, professional associations or similar bodies, are
appropriately qualified, certified or licensed ;
8.1.1.6 describe core competencies for all
staff, including those specifically related to cultural competency and
co-occurring disorder competency, and provide for an annual written performance
evaluation of each employee, with the employee's participation;
8.1.1.7 provide a policy for the process of
hiring all employees including an administrator;
8.1.1.8 provide a mechanism for disciplinary
action and dismissal of an employee;
8.1.1.9 set forth a grievance and appeals
procedure;
8.1.1.10 provide access
to the personnel policies for all employees (including revisions and updates)
at their primary worksite;
8.1.1.11
establish a policy explaining how employees may add information to their
personnel record;
8.1.1.12
establish policies requiring employees to provide evidence that they are free
of communicable disease, and must consider the limits of inquiry allowed by law
(i.e., HIV screening). This information must be the most current report and
originate no more than six months prior to hire.
8.1.1.12.1 This information shall be updated
minimally every three years.
8.1.1.12.2 Policies concerned with employee
health shall be developed with the guidance of the medical director.
8.1.2 Access to
personnel policies. Employees and representatives of the Licensing Authority
shall have access to personnel policies during regular business hours of the
agency.
8.1.2.1 No restrictions of access may
be imposed on representatives of the Licensing Authority, nor may fees be
charged for copies of personnel policies when access and requests for copies of
personnel policies are part of the legitimate functions of the Licensing
Authority.
8.1.3
Compensation and Benefits. The agency shall adopt policies and procedures that
describe the methods of establishing compensation used by the agency. At
minimum, the policy shall address paid and unpaid vacation or other time off,
sick leave, leaves of absence, health insurance, educational benefits,
retirement, and deferred compensation plans.
8.2
Personnel Records for
employees.
8.2.1 General requirement.
Personnel records shall be maintained for all agency employees. See Section
13 for rules governing personnel
records for contracted staff, volunteers, and students.
8.2.2 Security. Personnel files shall be
secured in the same manner as client records.
8.2.3 Medical information. Copies of medical
information must be stored in a separate locked file.
8.2.4 Content of personnel records for
employees. Personnel records for agency employees shall, at a minimum, contain:
8.2.4.1 the application for employment and a
resume;
8.2.4.2 evidence of staff
credentials as required by these rules. Documentation of compliance with
section 9.2, as applicable;
8.2.4.3
annual performance evaluations;
8.2.4.4 documentation of employee's starting,
transfer, promotion, demotion, and termination dates as relevant;
8.2.4.5 documentation of core competencies
and evaluation of those competencies, as well as descriptions of training
programs, including in-service training, attended while employed at the
program. Competencies and training related to welcoming, COD-C, and cultural
competency shall be specifically documented. Documentation of compliance with
the provisions of Section 13.5, as applicable.
8.2.4.6 letter of hire, or other
documentation of employment agreement;
8.2.4.7 the results of all background and
reference checks; and
8.2.4.8
current job description.
Notes
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