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.

The Patient Portal

There have been multiple postings about Electronic Health Records (EHR) on the SHARE blog recently because, since the hospital implemented the Fair-Warning audit system, SHARE Reps have seen a distinct rise in the number of members being disciplined for accessing records inappropriately. Things aren’t as they used to be. Many rules have changed. People have even gotten in trouble for looking up an appointment time for their own young child. See these previous posts for more information about accessing Electronic Health Records and Fair Warning.

When someone gets in trouble for improper use of EHR, the employer quickly points out that employees who wish to look up appointment times, pay bills, etc., should use the Patient Portal. If you haven’t yet signed up for the Patient Portal, consider doing so now; that way it’s all set up before  you have an urgent need for the information there.  If you're unfamiliar with it, the hospital's Patient Portal website describes the site's features, and how to sign up.

We would love to know your experience getting signed up. If you've experienced problems getting access to Patient Portal through your provider, or have had problems with the site itself, we would like to know your story, so that we can help the hospital know how to improve the system. It’s only fair that they make the system usable. If you have questions or concerns, please send an email to kirk.davis@theshareunion.org, or call the SHARE office (508-929-4020).

HIPAA Violations to Be Monitored Electronically

UMass Memorial's new system for enforcing patient privacy went into effect on April 10th. The new software system, called FairWarning, will police patient files, looking for signs of suspicious access. If the system catches an employee going into a patient file without a legitimate work reason, it will be flagged. Then managers will investigate. If it turns out that the employee didn't have documented permission or a work reason, they will be subject to discipline.

In accordance with federal guidelines, the hospital has long monitored patient records, including randomized audits. Earlier in the year, we included a blog post here about HIPAA, and some things that SHARE members should know. No policies or penalties have changed since then, only the monitoring system.

Up until now, most of the investigatory meetings that SHARE Reps have gone to about possible violations have involved a patient complaining that someone was in their files. Either that, or files were monitored because they belonged to someone famous, or because co-workers were talking about private information that might have come from the file. The FairWarning system is intended to perform more thorough monitoring of all Electronic Health Records. Nothing suspicious has to trigger an investigation.

An email from UMass Memorial about the new software says that it will begin by focusing on employees who go into a file with their same last name or address. The system will likely be further designed to monitor in more ways as time goes on.

We value patient privacy. It is important to the patients who trust us with their medical care, including the many SHARE members who are also hospital patients. Please be careful you don't access a file of yourself, a family member, someone you know or anyone else unless you get proper permission to view the record, or you have a legitimate work reason to see the record.

For more information, including a link to an electronic access permission form, please see this article in News & Views.

Did You Know? Under HIPAA, Your Medical Records Are Protected from Unauthorized Access (Even from You)

HIPAA has done a great deal of good to protect sensitive patient information. All the same, some members describe the advantages of the time before HIPAA, when patient information could come in handy, and be used for personal reasons. You might want to look up your own appointment time with a doctor, for example, or to figure out a co-worker's home address in order to send a birthday card. However, things are different now.

Sometimes, when SHARE members violate a hospital policy, they don't even think they've done so. While working to take care of themselves and their family, they might access protected information. SHARE members might not realize that their computer activity can be revealed in a routine system audit, and that unauthorized access can result in serious disciplinary action.

Most employees know that HIPAA guidelines permit an employee to access a patient's record only in one of two situations:

1. For job-related reasons. Or, 
2. If the employee submits a completed Employee Authorization for Electronic Access Form, which is filed with the Medical Records department. 

But, what about your husband's medical records? Or your children's? Or even your own? It's important to remember that the answer is: the same rules apply.

For example, even if you want to find out the results of your very own lab work, you must be authorized to do so through the Medical Records department, or contact your physician directly.

For more information, visit The US Department of Health and Human Services' "Understanding HIPAA" webpage 

Or, please feel free to call the SHARE office (508) 929-4020, or the UMass Memorial Privacy Office: (508) 334-5551

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.

Holiday Notes

Season's greetings!

Please note that the SHARE office will be closed December 27th-31st. During that time, a skeleton crew will tend our general voicemail, and provide coverage for emergencies.

It's been a busy year for SHARE, and we're very glad to have weathered it so well. Of course, there's still plenty of work to be done. Though most of the fifty-five SHARE members who were laid-off over the past year are re-situated, we are committed to continue helping the twelve who still seek jobs. We'll also continue our fight for fair pricing on the health-care coverage in the new year, too, and will keep you posted.

Finally, we'd like to highlight a good thing in our community: the UMass Memorial Bell Hill-East Side Homeownership Initiative. This project provides training and financial assistance for qualifying UMass Memorial employees who wish to become first-time home-buyers. According the the Mass Housing Partnership, the initiative is a "$1 million down-payment and neighborhood revitalization fund for the neighborhoods around the three UMass Memorial campuses." For more information, see this story, or call the program administrator at 508-341-9859.

We wish you and your families a happy and safe holiday time. See you next year!

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.