Best Practices for Disciplinary Procedures • Progressive and Fair: Disciplinary measures should begin with informal warnings and progressively escalate only if necessary. Ensure that each step is documented, with opportunities for the employee to respond. • Objective and Clear: Base disciplinary decisions on specific, documented incidents. Reference the exact policies that were violated. • Supportive Intervention: Where possible, use disciplinary steps as an opportunity for coaching. Offer additional training and mentoring to help employees overcome performance barriers. • Timely Resolution: Address issues promptly to avoid prolonged performance issues. Follow up with re ‑ evaluation after corrective measures are implemented. • Confidentiality: Keep all disciplinary proceedings confidential, sharing information only with individuals directly involved in the process. • Appeal Mechanism: Provide a clear and transparent appeal process that allows employees to challenge disciplinary decisions in a fair and unbiased forum.
f. Regulatory and Compliance Considerations
All supervision, performance evaluations, and disciplinary procedures must comply with federal, state, and local laws, including but not limited to: • EEO Laws and Fair Employment Practices: All evaluations and disciplinary actions must be free from discrimination in any form. • State Labor Laws: Ensure that disciplinary actions, work hours, and performance reviews are fully compliant with state labor regulations. • TennCare Guidelines: Supervisory practices and employee evaluations indirectly affect service quality – thus, align with TennCare requirements as they relate to care delivery. • HIPAA and Confidentiality Standards: All collected performance data and disciplinary records must be handled in compliance with HIPAA and applicable confidentiality guidelines. • Internal Policies and CAC Waiver Requirements: Supervisory and performance evaluation processes should be consistent with the overarching policies in the Policy Manual and the specific requirements outlined in TN.0357.R05.00.
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