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MSS Care 
Phone: (866) 465-2237
Fax: (321) 633-0344

 Staff Rights 
SUBJECT: STAFF RIGHTS

POLICY: An employee may request to be excused from participating in an aspect of a patient's care or treatment in situations where the prescribed care or treatment presents a conflict with the employee's cultural values, sense of ethics, or religious beliefs. In no instance will the mission of the company or patient care be compromised. Requests are granted on a case-by-case basis, in conjunction with the employing organization.

PROCEDURE:

Pre-employment Expectations

As part of the interviewing process, candidates should be made aware of specific job duties and responsibilities and that certain circumstances can be expected to exist within a health care setting that must be accepted as a condition of employment.

It is the responsibility of the candidate to recognize irreconcilable conflicts with his or her cultural values, ethics, or religious beliefs that are inherent to working at the Company and to decline employment should it be offered.

If the difference is not known to be irreconcilable, it is the responsibility of the employee to submit a request in writing to the manager detailing the cultural or religious reasons for the request either at the time of hire or in advance of an issue.

Post-employment Responsibilities

Occasionally, situations may arise in which a procedure or prescribed course of treatment of a patient may be in conflict with the personal values or religious beliefs of an employee but were not apparent in advance. . In such situations, it is the responsibility of the employee to notify his/her manager of his/her concerns and to request that he/she be excused from participating in a particular aspect of treatment/care for the patient. The requesting employee is required to perform all duties as assigned during the time a request is being reviewed.

As permitted by the situation, this request must be committed to writing as soon as reasonably possible and must include the specific aspects of care from which the employee is requesting to be excused and the reasons for making the request.

Upon receipt of a written request by an employee not to participate in certain aspects of patient care due to perceived conflict with religious beliefs, the supervisor should contact the Corporate Office, where a review will be made of the request and a determination made on whether a reasonable accommodation is possible. The care and treatment of the patients will be the primary determining factor. The Company will make an active effort to make a determination for a reasonable accommodation within three (3) business days.

The decision must fall within one of the following categories:

The request is deemed valid and can be accommodated within the employee's current job structure, shift, and department without compromising patient care.

The request is deemed valid but cannot be accommodated within the employee's current job structure, shift and/or department. In this situation, accommodation may include job transfer, shift, changes, and/or job restructuring. If such a position is not available, the employee may go on a leave of absence or be separated.

The request is deemed invalid and therefore not granted. Failure to provide patient care as directed will result in disciplinary action up to and including termination of employment.

In no circumstances will a request be granted if it is felt that doing so would negatively affect the care of the patient.

Refusal to Provide Care

Employees who do not submit a request in writing and/or who verbally refuse to provide a patient care may be suspended without pay until a written request is submitted and a determination is made. It may also be appropriate to terminate an employee who refuses to provide patient care, depending on the circumstances. The supervisor will be responsible for providing necessary care and/or finding alternate staff who are competent to provide the needed care if an employee refuses to provide the necessary treatment.


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