EMPLOYEE HANDBOOK ASSIGNMENT

Employee Handbook Assignment Debra Beery, Erin Kuhse, Nicole Morvan, Robert Tyler, Bernice Valencia University of Phoenix MGT 434 Employment Law Jennifer Schneider October 31, 2011

Employee Handbook Policy 2 Introduction Sun Shine Child Care is a private child care facility dedicated to assisting parents with their childcare needs. Our company is a continuing success all over the world. Sun Shine Child Care offers daycare coverage to fill our clients needs and expectations. We value parental needs and offer quality services to children. At the facility, we value our client and employee privacy and values. In addition, this facility values and appreciates employees who work hard to fulfill our company responsibilities. We are dedicated to providing an equal opportunity facility. Sun Shine Child Care has developed a comprehensive employee handbook for our dedicated employees to refer to for their personal needs and information. This employee handbook contains the issues of privacy, employee or applicant testing, and performance evaluations in the global workplace (University of Phoenix, 2009 p. 8). Specifically, our employee handbook contains information on Sun Shine Child Cares privacy information, our position in response to privacy rights issues, privacy protections, liability, employee motivation, and productivity, components of differing information if this was a public sector employer, and legal and ethical considerations in employee testing policies and performance evaluations (University of Phoenix, 2009 p. 8-9). Sun Shine Child Care values both our clients and employees, and remain loyal and dedicated to them. What privacy rights issues must be addressed? Erin Sun Shine Child Care has privacy rights that need to be addressed to make the parents aware of the centers promise to them, as well what is to be expected as an employee of Sun Shine Child Care. Sun Shine Child Care has a parent/child confidentiality policy that states the center will not share any information with other parents about any situations that should arise while in the care of the center or situations that are shared with staff about the child or parent. If

Employee Handbook Policy 3 a situation is shared or noted that the child is being harmed in any way it is the obligation of the center to make a note and to report it to child protective services or the proper authorities. All classrooms are under video surveillance and monitored in the directors office. Parents are invited at any time to come in and watch the classrooms. What must the companys position be in response to privacy rights issues? Erin As an employee of Sun Shine Child Care all personal information will not be shared outside the human resource office without written contest from the employee. Before hiring, background checks will be conducted and also conducted annually to ensure all children are safely being cared for at Sun Shine Child Care. When at work personal phone calls should be kept to emergencies only, with the exception of breaks or lunches. Personal calls should be made in the staff lounge or outside and away from the children. Personal belongings of the staff should be kept in the staff lounge at all times or in his or her own personal vehicle. Like all classrooms, the staff lounge is under video surveillance. This allows for the director to ensure safety throughout the whole center at any time. All of these privacy rights that are set by Sun Shine Child Care are to help protect the children and employees both. How do your privacy protections limit the companys liability? Bernice Unfortunately, the Privacy Protection Study Commission does not extend Sun Shine Child Care with privacy coverage. Neither does our Federal Government. However, the Commission suggested that private sector employers should be given many new privacy protections (Bennett-Alexander & Hartman, 2007, p. 599). Congress has not implemented privacy protection to private employers due to private employers vocal rejection of such an extension of federal law due to the cost of the implementation of the recommendations (Bennett-Alexander & Hartman, 2007, p. 599).

Employee Handbook Policy 4 The Commission has since established three general policy goals: (1) to attempt to create a balance between what an employee will divulge to the recordkeeping department and what that employee seeks in return for this information; (2) to find a manner by which to ensure fairness to all employees, in that the information that has been processed will not be used against them; and (3) to create and define rules regarding the type of information that may be disclosed and those to whom the information may be given (Bennett-Alexander & Hartman, 2007, p. 599). Our companys privacy protections limit the companys liability by following these policy goals. Sun Shine Childcare and its employees agreed to the Commissions recommendations and have adopted them into our facility and includes them in our employee handbook. In addition to the recommendations set forth from the Commission, we agree to five basic employee procedural rights. The list includes: Notice, Authorization, Access, Correction, and Confidentiality (Bennett-Alexander & Hartman, 2007, p. 599). Our companys privacy protections limit the companys liability by ensuring our employees have these rights. How do your privacy protections enhance employee motivation and productivity? Bernice Sun Shine Child Cares privacy protections enhances employee motivation and productivity by guaranteeing our employees coverage and privacy with regard to their personal information. This information includes: social security numbers, addresses, telephone numbers, and background and salary information. Each piece of information stays private and is locked up in a file room. No one has access to this information with the exception of key management and personnel. Sun Shine Child Care publicizes privacy policies and procedures, and educate employees regarding their rights as well as responsibilities (Bennett-Alexander & Hartman, 2007, p. 640).

Employee Handbook Policy 5 At our facility we understand that while our employees provide our clients with great service, we let our employees know that their information is safe and secure. By keeping clients aware that their information is safe and secure, this promotes motivation and productivity for employees. Employer Privacy Protection in the Public Sector Compared to Private Sector? Nicole The Privacy Protection Act of 1980 (42 U.S.C. 2000aa et seq.) has something to do with privacy, but a great deal more to do with protecting First Amendment freedom-of-the-press values (Privacilla, 2003, para. 1). Unlike the private sectors, were there is not much leeway, this privacy protection act is made more for the public because the public has the write to be informed. The privacy protection act is supposed to keep people in the public eye honest. The Privacy Protection Act of 1980 fails people of the private sector because the private sector is exempt from the governmental hold that would normally be enforced in the public sector. Based on employee responsibilities, performance, and conduct, behavior standards have been developed so that every employee will conduct themselves according to certain rules and regulations, following good behavior, and conduct. Since Sun Shine Child Care facility is a private sector, the only way that the privacy protection is allowable is through suspicion. Sun Shine believes in the safety of their facility, staff, children, and parents. One way to ensure safety of the facility and the members within is to have disciplinary policies effect. If the employee fails to conform to reasonable requirements then the result is disciplinary action. When disciplinary actions occur, each employee with a disciplinary action will have the written reports prepared and placed in the employee's personnel file. Once facts are known and a fair judgment are made only then will the disciplinary action take place. Depending on the nature of the offense and circumstances surrounding the particular case the discipline action may or may not be

Employee Handbook Policy 6 progressive. The main purpose of this type of standard is not to restrict anyones rights, but to help in the harmonious way people may work together. Ethical considerations involved in the employee handbook design - ROB An employee handbook is not required by federal or state laws but it is a good idea because a well written handbook will answer many questions that would generally be fielded by the human resources professional or a supervisor. The employee handbook should set expectations for conduct and performance - such as policies for job performance. Sun Shine Child Care management has provided its employees with a handbook that is a useful tool for information on company policies, procedures, guidelines, and items that by law must be in writing such as equal employment opportunity (EEO) statements. The handbook presented by Sun Shine Child Care provides information - such as defining the legal relationship of employer and employee; provides information on paid time off, benefits, policies that are required by law (Family and Medical Leave Act, and sexual harassment, and COBRA); and sets out standards of conduct, disciplinary procedures, work rules, and other pertinent information on employee expectations. Legal Considerations For Employee Testing Nicole Sun Shine Child Care makes an investment every time someone is hired as an employee. There are several legal considerations to think of when designing the right testing policies and procedures for hiring. Since a Sun Shine is a childcare facility it become a high liability work place and ensuring that the proper employees are in place will take some careful planning. In this type of work environment, the company will need to conduct background checks that would include criminal records, at least to the extent permitted by law. When it comes to background checks the employer may want to include or consider: employment references, driving records,

Employee Handbook Policy 7 education records, personal references, and any documents pertaining to criminal records. Employers dealing with childcare should not take lightly those they plan to hire to care for the children. The previous considerations are of high importance because our children are one of the post precious parts of our community. Of course as an employer that hires workers that will interact with the children, another consideration is to make sure that any dealings with an applicant is upfront and to the point. The applicant needs to know that before employment is offered, the applicant must meet a satisfactory reference check. Each reference listed should be called to be able to get a full picture or real-life description of the candidate in question. Make sure all communication and information gathered is documented, this also includes references that were unsuccessful tries. The purpose of the documentation is a way to protect the company from any negligent hiring claims. Ethical considerations made relative to the testing policies in the company - ROB Sun Shine Child Care believes and enforces that ethical conduct on the job involves knowing what is right and wrong according to the established standards and consistently doing what the organizations ethics policy requires. Sun Shine Child Care strives to maintain a workplace free of drugs and alcohol and to discourage drug and alcohol abuse by its employees. Misuse of alcohol or drugs by employees can impair the ability of employees to perform their duties, as well as adversely affect the customers' confidence in the company. In accordance with the "Federal Drug Free Workplace Act", Sun Shine Child Care is required to adopt a clear policy on drug and alcohol abuse and to maintain a workplace free of drug and alcohol abuse. This policy does not prohibit the proper use of medication under the direction of a physician; however, misuse of such medications is prohibited. In accordance with applicable

Employee Handbook Policy 8 law, Sun Shine Child Care reserves the right to require all employees and applicants for positions to submit to medical or physical examinations or tests by a person or agency designated by Sun Shine Child Care. Such examinations can include but are not limited to job application knowledge, blood, urine, breath, or other tests for evidence of the presence of alcohol, drugs, and any other perception altering substances in the body. Legal Considerations made in Designing Performance Evaluation of the Handbook - ROB The handbook must define the relationship between the employee and the employer as it defines employment and legal issues. Sun Shine Child Care understands the handbook can be considered a contract when certain promises are made by employers to employees. Sun Shine Child Care also understands that contractual commitments may be avoided when handbooks have a section that clearly defines employment is at will. Even with that stated nothing in the handbook should be intended to create a contract with the employee. The handbook should also have a section whereas the employer reserves right to amend, delete, or make changes to the handbook at its discretion. These statements should be part of the acknowledgment section signed by all employees when receiving the handbook. What ethical considerations must be included in your determinations as to the design of the performance evaluation section? Debra

Conclusion Sun Shine Child Care is a private child care facility dedicated to assisting parents with their childcare needs. Our company is a continuing success all over the world. Sun Shine Child Care offers daycare coverage to fill our clients needs and expectations. We value parental needs and offer quality services to children. At the facility, we value our client and employee privacy

Employee Handbook Policy 9 and values. In addition, this facility values and appreciates employees who work hard to fulfill our company responsibilities. We are dedicated to providing an equal opportunity facility. Sun Shine Child Care has developed a comprehensive employee handbook for our dedicated employees to refer to for their personal needs and information. This employee handbook contains the issues of privacy, employee or applicant testing, and performance evaluations in the global workplace (University of Phoenix, 2009 p. 8). Sun Shine Child Care values both our clients and employees, and remain loyal and dedicated to them.

Employee Handbook Policy 10 References Bennett-Alexander, D. D. & Hartman, L. P. (2007). Employment Law for Business (5th ed.). New York: McGraw-Hill. Retrieved October 29, 2011, from https://ecampus.phoenix.edu/content/eBookLibrary2/content/eReader.aspx Privacilla. (2003). Privacy and Government: The Privacy Protection Act of 1980. Retrieved October, 2011, from http://www.privacilla.org/government/privacyprotectionact.html United States Department of Labor. (2011). Drug-Free Workplace Advisor. Retrieved October 28, 2011, from http://www.dol.gov/elaws/drugfree.htm University of Phoenix. (2009). Employee Handbook Assignment. Retrieved from University of Phoenix, MGT/434 Version 4 Employment Law Syllabus website.