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

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

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

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

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

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”

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)

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)

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

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

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

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

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

* time to consult & engage with HR 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

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

Is the absenteeism in any way related to a “protected” leave? ABSENTEEISM / TARDINESS - CROSS OVER CHALLENGES Is the absenteeism in any way related to a “protected” leave? YES POSSIBLY NO 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

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…

Be Aware in deciding discipline… Issues in mitigation... Managements actions can affect disciplinary options and outcomes e-mails and correspondence - language (PEs) e-mails 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...

D H R Policies, Procedures and Guidelines (PPGs) http://dhr.mylacounty.info 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

D H R Policies, Procedures and Guidelines (PPGs) http://dhr.mylacounty.info 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

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

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)

Susan D. Fowler, Senior Advocate DHR Advocacy 213/893-0872 Susan D. Fowler, Senior Advocate sfowler@hr.lacounty.gov Michael A. Seward, Lead Advocate mseward@hr.lacounty.gov Rodney Collins, Senior Advocate rcollins@hr.lacounty.gov