|
DATE: January 15, 2010
SUBJECT: OMRDD Policy on Overtime for Direct
Care Employees
This policy memorandum replaces the December
10, 2007 memorandum form past Director of
Human Resources Larry Smith. This policy
supersedes all existing DDSO polices related
to direct care employees’ ability to work
overtime as well as restrictions on the amount
of voluntary overtime that can be worked.
The purpose of this memorandum is to insure
statewide consistency in the assignment and
distribution of overtime.
Overtime and Health and Safety Concerns
It is OMRDD’s mission to provide high quality
care and treatment of persons with
developmental disabilities. Our statutory and
regulatory obligation to skillfully, safely,
and humanely administer such services is
paramount. Management has the responsibility
to ensure that employees who provide direct
care and/or treatment of individuals with
disabilities are able to safely and properly
perform the duties of their assignments.
Additionally, it is important that employees
balance overtime work to insure it is in the
best interest of their own health and safety.
New York State Overtime Policy
New York State Division of Budget Bulletin
G-1024 states that it is the policy of the
State that overtime work should be held to a
minimum and must be approved in advance by an
authorized supervisor. Once a determination
is made that overtime is necessary,
supervisors must follow the provisions of the
applicable collective bargaining agreements.
Statutory and Regulatory Mandates
OMRDD’s mandate to provide quality care and a
safe environment for individuals with
disabilities is grounded in the Mental Hygiene
Law, and State and Federal Rules and
Regulations, including MHL 13.07(c), MHL
33.02, MHL 33.03, MHL 13.17, 14 NYCRR 633.4,
14 NYCRR 633.7 and 42 CFR Part 483.
NYS/CSEA ISU Agreement
The provisions for the assignment and
distribution of overtime for direct care staff
are contained in Article 27 of CSEA
Intuitional Services Unit (ISU) Agreement. In
addition, Article 46 of the ISU Agreement
provides that when an employee’s normal daily
schedule is seven and one-half or eight hours,
an employee shall not be required but may
volunteer to work mare than 16 consecutive
hours in a 24-hour period.
Voluntary Overtime Distribution and Procedures
A.
Standards
There are times when a supervisor must
evaluate whether permitting an employee’s
voluntary overtime is in the best interest of
the health, safety and quality of care of both
the individuals with disabilities and the
employee. When an employee’s proposed
overtime would meet any of the following
standards, an evaluation must be made by a
supervisor as to that employee’s ability to
safely work the overtime assignment.
1.
Continuous Hours worked: The overtime will
result in the employee working more than
sixteen consecutive hours.
2.
Multiple double shifts: The overtime will
result in the employee working more than three
(3) double shifts in any consecutive seven
days. (For purposes of this policy, it is
assumed that a shift comprises eight hours).
3.
Continuous days on duty: The overtime will
result in the employee working full shifts for
seven (7) consecutive days without a day off.
B.
Evaluation Procedure
Prior to the commencement of any voluntary
overtime, supervisors or the employee on site
responsible for overtime must ask the
employee, and the employee must disclose,
whether the overtime, if permitted, will
result in meeting any of the above standards.
If so, a supervisor must evaluate whether the
employee is able to perform the tasks and
duties of the assignment or whether such
ability would be impaired. This evaluation
shall be made by having a conversation with
the employee and considering the following
factors:
·
The alertness of the employee – whether the
employee demonstrates signs of fatigue, such
as tiredness, sleepiness, irritability,
impaired ability to perform mental and/or
physical tasks, poor memory, judgment, etc.
·
The demands of the specific assignment to be
performed, such as enhanced supervision,
driving, medication administration, the mental
and physical demands on the employee, etc.
·
The period of time from the employee’s last
shift and the next scheduled shift.
·
The number of extra shifts or double shifts
worked in the previous several days or on
consecutive workdays.
·
The shifts the employee is scheduled to work
over the next few days, including any
pre-scheduled overtime.
·
The commute time between home and work in
cases where a person has only one shift off
before beginning a new shift.
The decision whether to permit the overtime
shall be made at the sole discretion of the
supervisor. If the supervisor determines that
the employee’s ability to work overtime would
be impaired, the overtime shall be denied
except in the case of any emergency as
described below. If denied, the justification
for the denial must be documented in writing
and provided to the employee with a copy to
the DDSO Director of Institutional Human
Resources and the local CSEA president. Such
documentation must be provided within ten (10)
calendar days of such denial.
Mandatory Overtime Procedures
Prior to the commencement of any mandatory
overtime, supervisors or the employee on site
responsible for overtime must ask the
employee, and the employee must disclose,
whether the overtime, if permitted, will
result in the employee working more than three
double shifts in any consecutive seven days,
or seven consecutive days without a day off.
In those circumstances, the employee has the
right to be bypassed on the roster for that
shift, except in an emergency.
An emergency is defined as an unforeseen event
that could not be prudently planned for by the
DDSO and does not regularly occur. This
includes situations where all alternative
options for coverage within the DDSO have been
exhausted. Regular/routine sick calls,
vacations, breaks during shifts, holidays,
bereavement and leaves of absence such as
workers compensation, maternity leave or
military leave are not considered emergencies.
In such emergency situations where there are
no other options for coverage, management will
make every effort to minimize the overtime,
such as realigning or modifying the duties to
be assigned and/or providing relief to the
employee prior to the end of the shift. Those
employees selected to work overtime may
include those who had previously volunteered.
Additional Considerations
When an employee who has not previously worked
at the location offering the overtime accepts
an overtime assignment, the supervisor
responsible for assigning overtime must make a
determination as to whether the employee can
perform the assignment. For example, some of
the factors a supervisor should consider
include the following:
·
If the work requires specific training,
familiarity with behavior intervention plans,
and/or necessary certification, such as SCIP
or AMAP certification, does the employee have
such training or certification?
·
If the work is gender specific or involves
enhanced supervision, does the employee meet
the qualifications?
If the supervisor responsible for assigning
overtime determines that the employee does not
meet the criteria stated above, such
assignment shall be denied.
Distribution
This memorandum must be distributed to all
direct care workers and supervisors, including
those responsible for assigning overtime. It
must also be available on-line on each DDSO
intranet site.
Questions regarding the ISU Agreement and the
assignment and distribution of overtime should
be addressed to Matthew Guinane, Director of
Employee Relations at (518) 473-1728. |
