Every employee has the duty and the responsibility to be aware of and abide by existing rules and policies. Employees also have the responsibility to perform their duties to the best of their ability and to the standards as set forth in their job descriptions or as otherwise established.
Middle Tennessee School of Anesthesia supports the use of progressive discipline to address issues such as poor work performance or misconduct. Our corrective action policy provides a process to improve and prevent a recurrence of undesirable behavior and/or performance issues. The corrective action policy is consistent with MTSA organizational values, HR best practices, and employment laws.
Outlined below are the steps of the corrective policy and procedure. MTSA reserves the right to combine or skip steps in this process depending on the facts of each situation and the nature of the offense. The level of disciplinary intervention may also vary. Some factors that will be considered are whether the offense is repeated despite coaching, counseling, and/or training; the employee’s work record; and the impact the conduct and performance issues have on MTSA.
Nothing in this policy provides any contractual rights regarding employee discipline or counseling, nor should anything in this policy be read or construed as modifying or altering the employment-at-will relationship between MTSA and its employees.
Procedure
Step 1: Counseling and Verbal Warning
Step 1 creates an opportunity for the immediate supervisor to bring attention to the existing performance, conduct, or attendance issue. The supervisor should discuss with the employee the nature of the problem or the violation of company policies and procedures. The supervisor is expected to clearly describe expectations and steps the employee must take to improve their performance or resolve the problem.
Within four business days, the supervisor will prepare written documentation of the verbal counseling. The employee will be asked to sign this document to demonstrate their understanding of the issues and the corrective action.
Step 2: Written Warning
The Step 2 written warning involves more-formal documentation of the performance, conduct, or attendance issues and consequences.
During Step 2, the immediate supervisor and the administrative supervisor will meet with the employee to review any additional incidents or information about the performance, conduct, or attendance issues as well as any prior relevant corrective action plans. Management will outline the consequences for the employee of their continued failure to meet performance or conduct expectations.
A formal performance improvement plan (PIP) requiring the employee's immediate and sustained corrective action will be issued within four business days of a Step 2 meeting. The written warning may also include a statement indicating that the employee may be subject to additional discipline, up to and including termination, if immediate and sustained corrective action is not taken.
Step 3: Suspension and Final Written Warning
Some performance, conduct, or safety incidents are so problematic and harmful that the most effective action may be the temporary removal of the employee from the workplace. When immediate action is necessary to ensure the safety of the employee or others, the immediate supervisor may suspend the employee pending the results of an investigation.
Suspensions that are recommended as part of the normal sequence of the progressive discipline policy and procedures are subject to approval from a member of the Executive Administration and the Office of Human Resources (HR).
Depending on the seriousness of the infraction, the employee may be suspended without pay in full day increments consistent with federal, state, and local wage and hour employment laws. Nonexempt/hourly employees may not substitute or use any accrued paid time off in lieu of the unpaid suspension. In compliance with the Fair Labor Standards Act (FLSA), unpaid suspension of salaried/exempt employees is reserved for serious workplace safety or conduct issues. HR will provide guidance to ensure that the discipline is administered without jeopardizing the FLSA exemption status.
Pay may be restored to the employee if an investigation of the incident or infraction absolves the employee of wrongdoing.
Step 4: Recommendation for Termination of Employment
The last and most serious step in the progressive discipline process is a recommendation to terminate employment. Generally, MTSA will try to exercise the progressive nature of this policy by first providing warnings, issuing a final written warning, or suspending the employee from the workplace before proceeding to a recommendation to terminate employment. However, MTSA reserves the right to combine and skip steps depending on the circumstances of each situation and the nature of the offense. Furthermore, employees may be terminated without prior notice or disciplinary action.
Management’s recommendation to terminate employment must be approved by the Office of Human Resources (HR) and a member of Executive Administration. Final approval may be required from the MTSA President.
Appeals Process
Employees will have the opportunity to present information to dispute information management has used to issue disciplinary action. The purpose of this process is to provide insight into extenuating circumstances that may have contributed to the employee's performance or conduct issues while allowing for an equitable solution.
If the employee does not present this information during any of the step meetings, he or she will have four business days after each of those meetings to present such information.
Performance and Conduct Issues Not Subject to Progressive Discipline
Behavior that is illegal is not subject to progressive discipline and may result in immediate termination. Such behavior may be reported to local law enforcement authorities.
Similarly, theft, substance abuse, intoxication, fighting, and other acts of violence at work are also not subject to progressive discipline and may be grounds for immediate termination.
Documentation
The employee will be provided with copies of all progressive discipline documentation, including all PIPs. The employee will be asked to sign copies of this documentation attesting to their receipt and understanding of the corrective action outlined in these documents.
Copies of these documents will be placed in the employee's official personnel file.