14-118-5 Me. Code R. § 8

Current through 2024-24, June 12, 2024
Section 118-5-8 - PERSONNEL MANAGEMENT
8.1Personnel 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.
8.2Personnel 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.

14-118 C.M.R. ch. 5, § 8