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LOS ANGELES COUNTY RETURN – TO – WORK Quarterly Seminar PERFORMANCE MANAGEMENT and RETURN-TO-WORK Part 1: Getting Started Presented by - Department of.

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Presentation on theme: "LOS ANGELES COUNTY RETURN – TO – WORK Quarterly Seminar PERFORMANCE MANAGEMENT and RETURN-TO-WORK Part 1: Getting Started Presented by - Department of."— Presentation transcript:

1 LOS ANGELES COUNTY RETURN – TO – WORK Quarterly Seminar PERFORMANCE MANAGEMENT and RETURN-TO-WORK Part 1: Getting Started Presented by - Department of Human Resources Civil Service Advocacy D H R Department of Human Resource © County of Los Angeles July 19, 2012

2 OBJECTIVE Increase your knowledge in the area of managing employee performance by utilizing appropriate performance management techniques, to include both informal and formal disciplinary processes 2

3 TOPICS OF DICUSSION  Prevention Strategies and Tools – Informal  Progressive Discipline – Formal  Attendance and other Performance Management - Cross-Over Challenges  Next Steps… 3

4 DHR Civil Service Advocacy To successfully represent County Departments in Administrative Hearings Advocacy services provided to Departments Administrative Hearings Matters before the CSC Disciplinary Actions Examination Appeals Claims of Discrimination Consultations Letter Review Training & Presentations 4

5 General Operating Principals… Employees do not report to work wishing to be: Subjects of administrative investigations Subjects of disciplinary actions Testifying in evidentiary hearings 5

6 Why Discipline At All? Do we have a problem employee or an employee with a problem…  Unacceptable pattern of behavior or performance.  Substandard conduct or performance – if left unchallenged – will become the revised standard.  “What you allow, you encourage” 6

7 Considerations for Discipline DUE PROCESS Decision-Maker did not abuse his/her discretion to impose penalty, given the harm to the service and totality of the circumstances. “The overriding consideration is the extent to which the employee’s conduct resulted in, or if repeated, is likely to result in harm to the public service.” Skelly v. State Personnel Board, (1975) Civil Service Assoc. v. Civil Service Comm. (1983) 7

8 PREVENTION STRATEGIES An Informal Approach ONGOING DIALOGUE with employees to head off potential problems:  Clear expectations from the outset  Access to policies (manual and/or electronic)  Staff meetings (sign-in, agenda) & workplace postings (Dept. Mission) 8

9 PREVENTION STRATEGIES An Informal Approach ONGOING DIALOGUE with employees to head off potential problems:  Proper monitoring during probationary periods  Active Listening / Coaching & Counseling  Constructive Feedback / GAP Analysis / Performance Evaluations 9

10 DOCUMENTATION… DOCUMENTATION … DOCUMENTATION … Documenting unacceptable behavior or inadequate performance is critical to performance management and the discipline process  Employee Acknowledgement  Be specific – be factual, details are crucial  Be objective, constructive, not destructive  Drop or Area File is essential 10

11 DOCUMENTATION… DOCUMENTATION … DOCUMENTATION …  May already exist in several forms  Reflect what has been previously communicated – no surprises  Don’t send mixed messages to staff  Consistency among relevant policy, practice, duties & responsibilities Documentation is discoverable! NOTE 11

12 PREVENTION STRATEGIES & TOOLS Informal Corrective Measures:  Training and Education  Verbal Coaching and/or Counseling  Written Counseling 12

13 PREVENTION STRATEGIES & TOOLS Informal Corrective Measures:  Notice of Expectations…memo outlining performance and behavior expectations  Medical Certification  Use of the Performance Evaluation  Plan for Improvement 13

14 Why Formal Discipline?  Informal attempts were ineffective  Improve performance or behavior  Morale of the unit  Productivity of the unit  Decrease potential for liability * time to consult & engage with HR 14

15 PROGRESSIVE DISCIPLINE The Formal Approach WRITTEN WARNING (Dept. Practice) REPRIMAND SUSPENSION REDUCTION DISCHARGE 15

16 ABSENTEEISM / TARDINESS - CROSS OVER CHALLENGES Is the absenteeism in any way related to a “protected” leave? Involve HR Document Discuss Involve HR Document Discuss Interactive Confirm expectations Explore options (fitness for duty) Don’t ignore - Use caution Document Discuss Use policies to discipline YES POSSIBLY NO 16

17 Cross Over issues / concerns Sharing information with those who have a need to know is not necessarily violating confidentiality Matters taking separate tracks or bifurcated efforts by Department – avoid silo effect Medical, Accommodation vs Perf. Mgmt. Skelly Meeting – not an IPM… 17

18 Be Aware in deciding discipline…  Issues in mitigation...  Managements actions can affect disciplinary options and outcomes  s and correspondence - language (PEs)  s are not an alternative for communicating expectations or discipline  Moving employees & reassignments  Fair treatment to all - avoiding claims of disparate treatment or retaliation  Progressive Discipline not used  Delays in taking action... 18

19 D H R Policies, Procedures and Guidelines (PPGs) PPG No. 530 – Managing Sick Leave PPG No. 531 – Attendance PPG No. 601 – Return to Work PPG No. 900 – Due Process or “Skelly” Meetings PPG No. 910 – Employees’ Cooperation in the Administrative Investigation Process 19

20 D H R Policies, Procedures and Guidelines (PPGs) PPG No. 210 – Employment Files PPG No. 512 – Professional Appearance in the Workplace PPG No. 620 – Workplace Violence/Threat Management PPG No. 514 – Designation of Sensitive Positions and Requirements for Criminal History Information 20

21 Key Points Act consistent with your level of concern Even-handed, consistent and well-published expectations (e.g., Code of Conduct, Discipline Guidelines, etc.) can be preventive, increase retention, and maintain morale. Poor Documentation = Poor Disciplinary Action Administrative actions are organizational efforts to enforce its stated mission and values. Effective advocacy leads to external validation of internal decision- making. REMEMBER 21

22 Considerations for Discipline DUE PROCESS Decision-Maker did not abuse his/her discretion to impose penalty, given the harm to the service and totality of the circumstances. “The overriding consideration is the extent to which the employee’s conduct resulted in, or if repeated, is likely to result in harm to the public service.” Skelly v. State Personnel Board, (1975) Civil Service Assoc. v. Civil Service Comm. (1983) 22

23 DHR Advocacy213/ Susan D. Fowler, Senior Advocate Michael A. Seward, Lead Advocate Rodney Collins, Senior Advocate 23


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