Contract Corner

Preparing for Winter

Some early predictions suggest that, in our neck of the woods, we're going to experience average to slightly-below-average temperatures this Winter. Of course, it's too early to know how many heavy snowfalls we're going to get.

With that in mind, we're reprinting the post below from last year. We've got a smart weather policy in our contract, and we want it to help your Winter go a little smoother . . .


DO YOU KNOW YOUR DEPARTMENT'S SEVERE WEATHER POLICY?

If you’ve worked at UMass Memorial through a snowy Winter, you probably know that, along with sloppy weather, there comes some confusion. We encourage you to plan ahead, and know what to do when travel conditions get tough.

Weather is coming
Now is a good time to remind your manager that they should cover your severe weather plan in a meeting with all of the staff in a staff meeting. If there is no plan, or it needs updating, we encourage SHARE members to be involved in figuring out what works for their department. See the Severe Weather Policy on page 103 of the SHARE Contract, which includes the following guidelines:

In order for employees to know what their responsibilities are in the case of severe weather, departments are encouraged to develop plans for their areas within the framework of the hospital plan. . . . Employees are encouraged to participate in the development of the plan for their department. Department severe weather plans could include: what staffing level is required in the case of severe weather (such as full staffing, skeletal staffing, or no staffing necessary); how employees will find out if they are required to be at work that day, who to call and how to reach them; and whether there is a difference in their department between the plan for severe weather and the plan for a declared state of emergency. Department managers should review the severe weather plan for their department with all employees annually before winter weather begins.

If you would like help developing or revising the policy for your department, please contact the SHARE office.

Who Gets the Extra Time and the Overtime?

In some areas of the hospital, confusion about the distribution of extra time and overtime still exists. We want to make sure you know that, in our last contract negotiations, we worked with the hospital to make the policy simple and clear, and to prioritize the ability of SHARE members to get ET and OT.


If you would like help making sure that the policy is applied properly in the department, if you have questions about it, or if the SHARE members in your department would like to negotiate something different from the contract provisions, please contact the SHARE office. (Some departments have negotiated different arrangements, ones that are designed to better suit the specific needs of the staff and the work in those locations.)


Here’s the full contract language clarifying how any extra time and overtime should be doled out:


SHARE staff shall have priority over non-SHARE staff to be scheduled for extra time and overtime for SHARE position work. In the absence of guidelines negotiated in the department with SHARE staff, the following guidelines will be used: Regular part-time SHARE staff will have their schedule requests for additional time granted prior to the scheduling of per diem staff. Part-time workers and per diems may be scheduled for additional straight time hours prior to scheduling full-time employees for work at overtime pay.


Once a unit schedule is posted and additional hours need to be filled, they will be offered as follows:
  1. Part-time SHARE staff on unit
  2. Part-time SHARE staff from off unit
  3. Per Diem staff for straight time
  4. Full-time SHARE staff

This policy can be found in the context of all of the contract agreement language on page 11 of the online SHARE contract.

Do You Know Your Department's Severe Weather Policy?

If you’ve worked at UMass Memorial through a snowy Winter, you probably know that, along with sloppy weather, there comes some confusion. We encourage you to plan ahead, and know what to do when travel conditions get tough.


Weather is coming
Now is a good time to remind your manager that they should cover your severe weather plan in a meeting with all of the staff in a staff meeting. If there is no plan, or it needs updating, we encourage SHARE members to be involved in figuring out what works for their department. See the Severe Weather Policy on page 103 of the SHARE Contract, which includes the following guidelines:


In order for employees to know what their responsibilities are in the case of severe weather, departments are encouraged to develop plans for their areas within the framework of the hospital plan. . . . Employees are encouraged to participate in the development of the plan for their department. Department severe weather plans could include: what staffing level is required in the case of severe weather (such as full staffing, skeletal staffing, or no staffing necessary); how employees will find out if they are required to be at work that day, who to call and how to reach them; and whether there is a difference in their department between the plan for severe weather and the plan for a declared state of emergency. Department managers should review the severe weather plan for their department with all employees annually before winter weather begins.


If you would like help developing or revising the policy for your department, please contact the SHARE office.

Surviving the Storm

Click here for frequently asked questions about severe weather and the SHARE contract.

We heard some good stories and some bad stories about the storm last Tuesday. A few examples:

The Good
  • A patient critical department that figured out in advance the minimum number of staff needed to safely cover their assignments, got enough volunteers (with a little arm-twisting), and let everyone else stay home
  • A department with a role that does not affect direct patient care asking early on Monday who planned to stay home Tuesday
  • An employee without kids who lives close to the hospital taking a shift for an employee with kids who does not
  • Camaraderie between people who slept over so that they could be at work the next day
The Bad
  • An employee who worked a double shift on Tuesday who did not know when they would be released to go home
  • Employees working near each other who were treated differently – some sent home with pay and others having to use their own time
  • An employee in a patient critical department who came to work, but was pulled over by the police and given a warning for being on the road Tuesday
  • Employees who were told that their department would be closed Tuesday, who did not know that they could volunteer to work somewhere else so they wouldn’t have to use their time, and employees who could not get a clear answer on Monday about what they were supposed to do on Tuesday
There are many, many more stories. Congratulations to the departments that worked it out. And a big thank you to those who stayed over, came in, and worked extra to take care of the patients who didn’t have a choice about being in the hospital!

Most of the bad stories we heard involved delayed information, lack of information, or contradictory information. With that in mind, and since there will be more storms in the future, we have posted some information from the SHARE contract for your information.

So, what should SHARE members know about working during a State of Emergency or other big weather event?

Frequently Asked Questions
  1. How do I find out what I am supposed to do if there is a state of emergency or other severe weather?
  2. What if my department is closed?
  3. What if I don’t want to use my own time?
  4. Can’t they just send me home and pay me without having to use my time?
  5. How am I supposed to get to work if there is a travel ban?
  6. If I don’t come in during a storm, will it be held against me?

To see the full contract language about Severe Weather, p. 103-104, and about TOWOP, (being sent home by your department), p. 103, click here. (There are two parts to the contract: the 2007-2011 contract and the changes from our last negotiations, that continue the old contract through September 30, 2016, and add to it. Severe Weather and TOWOP can both be found in the old contract.)


Contract Corner - Weather FAQ

Below are some Frequently Asked Questions about Severe Weather, with the relevant language from the SHARE contract. Key points are underlined for emphasis.

1) How do I find out what I am supposed to do if there is a state of emergency or other severe weather?

The SHARE contract encourages each department to develop a plan that fits their department’s needs – obviously a nursing floor has different staffing needs than a billing department. Both jobs need to get done, but you can catch up with billing the next day; you can’t do that with patients. The contract says:
Department severe weather plans could include: what staffing level is required in the case of severe weather (such as full staffing, skeletal staffing, or no staffing necessary); how employees will find out if they are required to be at work that day, who to call and how to reach them; and whether there is a difference in their department between the plan for severe weather and the plan for a declared state of emergency. Department managers should review the severe weather plan for their department with all employees annually before winter weather begins. (Staffing plans, p.103)
If your department does not have a plan, talk to your manager, or call the SHARE office for help in approaching your manager, to discuss creating a plan.

2) What if my department is closed?

SHARE members in departments that close, or that allow some or all employees to stay home, have a few options. The contract says:
…employees may use earned, vacation or personal time, or choose to go unpaid for the hours they missed. When appropriate, an employee may make up the time that week, by mutual consent between the employee and the supervisor. Made up hours will be paid at straight time unless weekly hours total more than 40. (Pay for missed hours, p.104)
3) What if I don’t want to use my own time?

You can volunteer to work in another area. In negotiations, the Hospital has always taken the position that all positions are “Essential” in severe weather or a state of emergency. Part of their argument is that on these days they need all the help they can get and would happily put to work anyone who can get in. SHARE has always taken the position that no one should be forced to take time without pay, or use their own time, if they are available to work. This applies to severe weather, a low census, flooding, or other reasons a department might be inclined to send employees home. So, the contract says:

If a department is closed for all or part of the day due to severe weather, employees may go home (see pay for missed hours) or choose to report to/remain at work. The hospital may assign people who stay at work to perform different functions than their normal job. For a work assignment in an area other than your own, page the nursing supervisor/bed management: for the University campus, pager #2044; for the Memorial campus (on evenings, nights, weekends and holidays) pager #3318. (Department closing, early dismissal, p.104)

And:

No SHARE unit member shall be required to take TOWOP. When all other options have been explored, and there is no need to float, the SHARE unit member may take TOWOP or may use earned time or vacation/personal leave, whichever is applicable. If the SHARE member does not want to leave work (either unpaid, or using their own ET, or vacation/personal time whichever is applicable), the employee may choose to stay and be assigned reasonable other duties for which they are qualified (in this case, contract and practice restrictions on cross-campus and/or intra-campus floating will not apply.) If there are no such duties, and the employee is sent home, the employee will be paid. (TOWOP, p. 103)

4) Can’t they just send me home and pay me without having to use my time?

UMass Memorial could choose to send/keep employees home and pay them rather than finding other duties for them (see TOWOP, p.103), but it is very unusual for them to do so. Many years ago, at both UMass and Memorial, in cases of severe weather like last week’s state of emergency, it was more common for employees who were not required to be at work to be sent/kept home with pay, and employees who were required to be at work to be given additional pay or comp time for having to work. That has not been common practice for a while.

It is not a violation of the SHARE contract for the leadership of UMass Memorial Medical Group and/or UMass Memorial Medical Center to send employees home with pay. But it is not required by the contract either. (See question #3 for what the contract requires.) When there are inequities it has a negative impact on morale. SHARE is discussing this with hospital leadership.

5) How am I supposed to get to work if there is a travel ban?
Human Resources has assured us that any employee on their way to or from work should be allowed passage if they show their Hospital ID. We have heard some stories about people being given a hard time by the police for being on the road. If anyone received a ticket or a warning, let us know. HR will help you get it sorted out.

If the roads are impassable, if you live at the top (or bottom) of a steep icy hill, or if you take the bus to work and buses are not running, you may have a problem getting to work even though the police would allow you to. There is not one simple solution to this. UMass Memorial no longer provides rides in a coordinated way for people who can’t get in to work. If you are required to be at work, or you want to come in despite the storm, you can start by talking with your manager and coworkers about whether there is someone you could carpool with, or if they have other ideas. We will be discussing this further with management.

6) If I don’t come in during a storm, will it be held against me?
It depends on whether your department allowed you to stay home. If they did, then the absence will not count against you. The contract says:
If an employee does not work because the department is closed, or because they are not required to come to work, it will be considered an excused absence. Late arrivals covered by an established grace period will be considered an excused absence. Other absences from work on a severe weather day will be considered unexcused. (Excused and unexcused absences, p. 104)


To see the full contract language about Severe Weather and TOWOP, go to pages 103-104 of the SHARE contract

If you have other questions, or want to discuss any of this further, please call the SHARE office at 508-929-4020.


When things are slow at work . . .

It's rare, in most departments, that business is slow for very long. Some days, though, the patients don't come. And then, it's important to know that you cannot be made to go home without pay.

If the option arises and you would like to go home, you can volunteer to do so; you can use time from your bank, or you can simply go unpaid. However, if you prefer to stay at work, your supervisor can work with you to find additional tasks, which could involve floating. If there are no tasks for you to do, then you may be sent home with pay. Here's what the SHARE contract says . . .

Time Off Without Pay (TOWOP)

No SHARE unit member shall be required to take TOWOP. When all other options have been explored, and there is no need to float, the SHARE unit member may take TOWOP or may use earned time or vacation/personal leave, whichever is applicable. If the SHARE member does not want to leave work (either unpaid, or using their own ET, or vacation/personal time whichever is applicable), the employee may choose to stay and be assigned reasonable other duties for which they are qualified (in this case, contract and practice restrictions on cross-campus and/or intra-campus floating will not apply.) If there are no such duties, and the employee is sent home, the employee will be paid.

Whoa. Snow.

Holy Toledo! How much is it going to snow this year? SHARE reps have had lots of conversations recently about the hospital's severe weather policy. The full policy is posted below. The shortest summary is probably this: "All employees are expected to report to work, unless the severe weather plan in their department allows them to stay home."

Please take good care when making decisions about traveling in extreme weather. Also, please contact us if you have questions, or would like help to develop a plan in your own department.

Severe Weather
UMass Memorial is an essential community service and as such will continue its operations without regard to weather conditions. However, UMass Memorial and SHARE recognize that severe weather conditions can interfere with the ability of employees to come to work, and agree to the following:

Staffing plans

The CNO, CMO, Hospital President and Vice-Presidents are responsible for developing a fair and equitable staffing plan to ensure continued essential services, and for informing employees of staffing and attendance requirements.

In order for employees to know what their responsibilities are in the case of severe weather, departments are encouraged to develop plans for their areas within the framework of the hospital plan described above. Employees are encouraged to participate in the development of the plan for their department. Department severe weather plans could include: what staffing level is required in the case of severe weather (such as full staffing, skeletal staffing, or no staffing necessary); how employees will find out if they are required to be at work that day, who to call and how to reach them; and whether there is a difference in their department between the plan for severe weather and the plan for a declared state of emergency. Department managers should review the severe weather plan for their department with all employees annually before winter weather begins.

All employees are expected to report to work, unless the severe weather plan in their department allows them to stay home.

Staying at work

Employees who are working during severe weather conditions are expected to work through the end of their assigned work shift unless they are excused earlier. In extreme situations, employees may be required to work beyond the end of their normal scheduled work shift if the manager determines it necessary to meet patient care and operational needs. SHARE overtime rules will apply.

Department closing, early dismissal
If a department is closed for all or part of the day due to severe weather, employees may go home (see pay for missed hours) or choose to report to/remain at work. The hospital may assign people who stay at work to perform different functions than their normal job. For a work assignment in an area other than your own, page the nursing supervisor/bed management: for the University campus, pager #2044; for the Memorial campus (on evenings, nights, weekends and holidays) pager #3318.

Grace period for late arrivals
The office of the CEO or his/her designee may establish a paid grace period for arriving late to work. The length of the grace period will be based on the severity of the weather conditions.

Pay for missed hours

Other than late arrivals covered by an established grace period, employees who miss all or part of their work shift may use earned, vacation or personal time, or choose to go unpaid for the hours they missed. When appropriate, an employee may make up the time that week, by mutual consent between the employee and the supervisor. Made up hours will be paid at straight time unless weekly hours total more than 40.

Excused and unexcused absences
If an employee does not work because the department is closed, or because they are not required to come to work, it will be considered an excused absence. Late arrivals covered by an established grace period will be considered an excused absence. Other absences from work on a severe weather day will be considered unexcused.

Transportation

When severe weather makes travel unsafe, or in a state of emergency, transportation assistance may be available. Requests for assistance should be directed to the nursing supervisor/bed management: for the University campus, pager #2044; for the Memorial campus (on evenings, nights, weekends and holidays) pager #3318. When necessary, communication with external bodies such as the National Guard and ambulance carriers will be coordinated through these offices.

Contract Corner #1: Personal Emergency Time

There's a lot of information in the SHARE contract. This is the first installment of a new column to highlight and explain useful items that you might not have noticed. . . .

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Sometimes, unfortunately, cats get very sick. Sometimes dishwashers go berserk. Sometimes automobiles crash into the trees in our front yards. Things happen sometimes, unexpectedly . . . and those things require our attention, even if we're scheduled to be at work.

For that reason, it's a very good thing to know about something in our contract called "Personal Emergency Time." It provides time off when you're in a pinch. Personal Emergency Time can be deducted from your personal/vacation bank, and provides two days of time (for full-time employees) per year. As with any absence from work, it's important to give your supervisor as much notice as possible. Also, be sure to be clear that you're using Personal Emergency Time. Not all managers will be familiar with the idea, so you may need to share the contract language with them after the crisis has passed. Here's what our contract says:

SHARE members may use up to 2 days (for full time members, pro-rated for part time members) from their earned/vacation bank for personal emergency without prior notice in a calendar year. The members must notify their supervisors with as much notice as possible. These absences do not count toward a member’s absenteeism rate. Designating an absence as a personal emergency day must be approved by the supervisor, and approval will not be unreasonably denied. SHARE members should recognize the difficulty that unscheduled absences create for their department and co-workers, and so use good judgment about using personal emergency days.

If you have questions about this--or anything else in the contract--please contact a SHARE representative.