employment issues in the rehabilitation setting

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Unit 7Employment Issues in the Rehabilitation Setting : 

Unit 7Employment Issues in the Rehabilitation Setting Forecasting Employment Needs In Rehabilitation Settings The Hiring Processes The Professional Resume The Professional Interview The Laws and Regulations You Need to Know.

Slide 2: 

Learning Objectives: The student will demonstrate the basic analysis and forecasting of staffing needs across various rehabilitation settings. The student will be able to demonstrate the skills and procedures involved in writing and evaluating professional resumes. The student will be able to demonstrate the basic skills and procedures involved with professional employment interviews across various rehab settings. The student will be able to identify and understand the requirements involving both the basic legal and regulatory issues, of a professional job interview. The student will be able to identify the laws and regulations regarding fair hiring practices involving rehabilitation facilities 2

Staffing Issues In Rehab Settings : 

Staffing Issues In Rehab Settings Labor Demand Strategic Planning Succession Planning Managing Retention Labor Supply Labor markets Specific shortages vs. Labor Demand Labor Supply

Staffing in Therapy : 

Staffing in Therapy Forecasting employment needs is critical. (Patient well-being is related to the presence and intervention by competent therapists and staff!) Staffing plans should reflect Current and future demand for services Availability of future employees Quality and skills of the employees Financial resources Projected staff turnover

Staffing Issues : 

How many people do we need? Service Demand X Labor Productivity Turnover Rate (retention and succession) Where are they coming from? Internal Labor Market Existing employees External Labor Market Potential employees, new graduate therapists, local and distant therapists. Staffing Issues 1 Potential Patients??

Assessing The Demand for Services : 

Assessing The Demand for Services Productivity and Efficiency Global productivity of the staff Peak demands Patient traffic patterns

Forecasting Demand for Employees in a Rehab Clinic : 

Forecasting Demand for Employees in a Rehab Clinic Statistical Techniques, (quantitative) Trend analysis Regression and probability models Qualitative Techniques (judgemental) Asking the health care experts, panels etc.

Projections for PTs and OTsfrom the National Employment Matrix1 : 

Projections for PTs and OTsfrom the National Employment Matrix1 Source: Bureau of Labor Statistics 2010-11 FSBPT 2009 New Graduate PTs Taking the National Board Exam…..2006, 2007, 2008 Mean: 5,4812

Slide 9: 

1. Source: Bureau of Labor Statistics 2009

2008-PT : 

2008-PT Median annual wages of PTs: $72,790 Median annual wages in the industries employing the largest #s of PTs 1. Source: Bueeau of Labor Statistics 2010-11 Could We Afford More Staff?

2008 OT : 

2008 OT Median annual wages of OTs: $66,780 Median annual wages in the industries employing the largest #s of OTs 1. Source: Bureau of Labor Statistics 2010-11 Home health care services $74,510 Nursing care facilities $72,790 Offices of other health care practitioners $69,360 General medical and surgical hospitals $68,100 Elementary and secondary schools $60,020 Could We Afford More Staff?

Slide 12: 

Consider the true costs of hiring an additional therapist by utilizing cost metrics: Base Salary + Employment Taxes and benefits (25% of base) + Additional Facility/Administration costs (40% of base) Could We Afford More Staff? True Cost New OT = $110, 187

Historical Analysis of a PT Burn Clinic (Forecasting future employment needs through trend analysis) : 

Historical Analysis of a PT Burn Clinic (Forecasting future employment needs through trend analysis) Objective: 2010 maintain a staff of 4 therapists. How many therapists would you predict you would need to hire in 2010? 8 14

Regression Analysis of Therapist Demand Based on Patient Volume : 

Regression Analysis of Therapist Demand Based on Patient Volume 1998 128.97 14.33 9 1999 122..32 11.12 11 2000 108.42 8.34 13 2001 120.24 10.02 12 2002 133.44 11.12 12 2003 144.5 11.12 13 2004 137.7 12.52 11 2005* 139.1 12.52 11.1 2006* 142.4 12.52 11.4 2007* 145.9 12.52 11.6 DAILY LABOR HUMAN RESOURCES PATIENT PRODUCTIVITY DEMAND YEAR VOLUME (PATIENTS RX/DAY/PT) (NUMBER OF THERAPISTS) *Projected figures

Density of P.T.s in the U.S. : 

RATIO OF THERAPISTS/10000 PEOPLE MEAN ACROSS THE U.S. = 6.2 (2005) Density of P.T.s in the U.S. OPTIMUM NEED- BASED NUMBER OF THERAPISTS (OT or PT) FOR A GIVEN GEOGRAPHICAL AREA (BENCHMARK) HAS NOT BEEN ESTABLISHED!!!!

Forecasting and Human Resource Software : 

Forecasting and Human Resource Software PeopleSoft® www.peoplesoft.com PeopleStreme® www.peoplestreme.com Openwave® www.openwave.com

Steps in the Recruitment and Selection Process : 

Steps in the Recruitment and Selection Process Applicants complete application form Applicant Screening & Processing Supervisors and others interview final candidates to make final choice Employment needs forecasted & authorized Recruiting builds a pool of candidates

Recruitment Cost/Time Analysis(It takes time and money to recruit and interview) : 

Recruitment Cost/Time Analysis(It takes time and money to recruit and interview) Review historical data: Example: 2 staff openings at Sharp Rehab in San Diego, California 5 year hx: for every staff therapist hired at Sharp Rehab, 9 therapists were invited to interview. 5 interviews were actually carried out. Forecast: 18 invitations, 10 interviews ***Must meet EEOC requirements

Effective Recruiting: The Yield Pyramid : 

Effective Recruiting: The Yield Pyramid New hires Potential hires (2 : 1) Interviewed (3 : 2) Invited (4 : 3) Leads generated (6 : 1)

Summary : 

Summary Efficient and effective hiring is important across all rehab settings. Forecasting of employee demand is critical for optimal patient care. Effective Patient Care

Slide 21: 

Identification of Employment Opportunity Research into Therapy Facility LANDING A PROFESSIONAL JOB

Slide 22: 

22 PROFESSIONAL RESUMES The Purpose and Importance of a Good Resume

Slide 23: 

23 Drafting Resumes

Your Resume : 

Your Resume Highlights Your Professional Experience(s) Highlights Your Education Highlights Your Skills and Accomplishments Introduces you to potential employers The Marketing Tool that Sells You to an Employer

Components of Your Professional Resume : 

Components of Your Professional Resume Identifying Information Job Objective/Career Goals Education (in reverse chronological order) Experience Also include any special projects, research, independent studies related to therapy. Skills, certifications, professional Memberships Community Activities Honor and Awards References upon request

Describing Your Field Work or ClinicalExperiences : 

Describing Your Field Work or ClinicalExperiences Write in a concise, powerful, action-oriented manner Formula: verb + object + outcome Example: Assisted in the successful treatment of outpatient neurological patients with a NDT certified therapist. Key: The more that your past experiences relate to therapy the more space you should allot to its description!

Skills : 

Skills Summarize your academic skills along with any clinical skills that are related to the position you are applying for. Examples: Research Skills: Entered and analyzed data in SPSS for terminal research project on prevention of diabetic foot ulcerations. Foreign Language: Fluent in both oral and written English and Spanish. Clinical Skills: Completed advanced skills courses in treatment of musculoskeletal dysfunction (Paris E1, S1, S2, S3).

Slide 28: 

28 Contact Information Objective Education Related Therapy Work Experience Internships, Field Work Organizations Honors, Certifications & Special Skills Community Service/Volunteer Resume Writing Tips: APTA, AOTA Web Sites

Resume Wizards and Software: : 

Resume Wizards and Software: Retail Resume Software APPLE Microsoft Word Resume Templates

Writing the Resume : 

A. Preparation & Style Organize yourself –prepare an inventory sheet. Be consistent and simple with your style, fonts, spacing etc. Writing Style: Use short phrases Do NOT use personal pronouns (I, me, your, etc). Use action words that focus on your accomplishments. Use appropriate grammar and correct spelling. Printing: Print your resume on quality bonded paper, (lighter shades of white, ivory, off-white, or cream). Length: 1-2 pages MAX Resume Format Chronological -Recommended Writing the Resume 30

Common Mistakes to Avoid : 

Common Mistakes to Avoid Too long of a resume Too much solid text (be concise) Poor layout (ineffective use of white space, resume is too “crowded”) Poor quality of writing Excessively wordy, vague, boastful Too many typefaces Inadequate information given. Listing hobbies, religious affiliations, race

Bottom Line to Resume Writing : 

Professional Resume “Expert” Resume Services Bottom Line to Resume Writing 32 “ARE YOU PROUD OF IT?”

The Professional Cover Letter : 

The Professional Cover Letter

Your Cover Letter : 

Your Cover Letter Error free Grammatically correct Professionally written Concise nut personal Complements but does NOT duplicate your resume! AVOID THE USE OF TOO MANY “I”s IN THE BODY OF THE COVER LETTER

Slide 36: 

Resume is Due on ____________

Job Interviewing: The Next Step in the Process : 

Job Interviewing: The Next Step in the Process

Prohibited Inquires of Job Candidates* : 

Prohibited Inquires of Job Candidates* Race, ethnicity, national origin** Martial status, number of children or other dependents, child care arrangements, existence of an opposite or same-sex domestic partner Religious beliefs or practices Disabilities Age ** okay to ask about legal right to work in the US

Precautionary Inquiries* : 

Precautionary Inquiries* Height or weight Educational level Criminal history* (including convictions or arrests) Military discharge classification Financial status ** May ask but include a disclaimer that an affirmative response does not necessarily preclude selection

Slide 40: 

HIRING CORRECTLY: Proper Fit

Knowledge of the Laws and Regulations : 

Knowledge of the Laws and Regulations Juries, Judges, and LICENSING BOARDS do not accept “Ignorance of the Law” as a defense

Federal Laws That Directly Affect PT/OT Practice : 

Federal Laws That Directly Affect PT/OT Practice National Labor Relations Act (NLRA) or Wagner Act Fair Labor Standards Act Civil Rights Act of 1964 (Title VII) Age Discrimination in Employment Act of 1973 (ADEA) Rehabilitation Act of 1973 American Disabilities Act (ADA) of 1990 Family and Medical Leave Act of 1993 (FMLA)

National Labor Relations Act (NLRA) or Wagner Act 1935 : 

National Labor Relations Act (NLRA) or Wagner Act 1935 The prevailing framework for labor relations in the US Federal law Protects the rights of most private sector workers to: Organize labor unions Engage in collective bargaining Take part in strikes

PT/OT Unions : 

PT/OT Unions 13.5% of hospital workers are unionized. PTAs, COTAs: linked with Teacher’s Unions, Nurse’s Unions (infrequent) PT Unions: Most are in large hospitals. (infrequent) Santa Clara Valley Medical Center in San Jose, California New York Presbyterian in NYC

Fair Labor Standards Act : 

Fair Labor Standards Act The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. www.dol.gov/compliance FLSA does not require: vacation, holiday, severance, or sick pay; meal or rest periods, holidays off, or vacations; premium pay for weekend or holiday work; pay raises or fringe benefits; or a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees.

Exempt Employee Status:(exempt from overtime & minimum wage provisions) : 

Exempt Employee Status:(exempt from overtime & minimum wage provisions) Rehabilitative employees that meet the condition of one or more of the following categories: Executive >50% Management function Direct > 2 employees Administrative >50% Office work, (people business, policy, non-manual labor) Computer Engage in analysis/design/developer/programmer Professional >50% in specialized work requiring advanced knowledge or engaged in creative endeavors. Exercise discretion, independent judgment Are PTs and OTs Exempt?

Non-exempt Employee status: : 

Non-exempt Employee status: Are employed with enterprises that engage in interstate commerce Whose annual gross volume of sales made or business done > $500,000 Are employed by institutions that engage in the care of the sick, aged, mentally ill. Are employed by schools, public or private. Are employed by public agencies. Earn < $23,660 Do not meet exempt status Paid hourly wage and required to at least receive minimal federal hourly wage

Slide 48: 

The manager of a small therapy clinic notices that her therapy aides are working a lot of overtime. In an effort to cut costs, the manager reasons that if she were to change the aide position to an exempt position, she could offer the employee a small raise and at the same time avoid the costly overtime pay. You Make the Call

What about? : 

What about? Medical interns and residents: No minimal wage! PT and OT student interns: No minimal wage, usually no pay! How would you classify PTs and OTs ……. exempt or non-exempt?

Equal Pay Act of 1963 (addendum to FLSA) : 

Equal Pay Act of 1963 (addendum to FLSA) Equal pay for women and men doing similar work! Salary of Female PTs = Salary of Male PTs Salary of Female OTs = Salary of Male OTs

Civil Rights Act of 1964 (Title VII) : 

Civil Rights Act of 1964 (Title VII) Outlawed racial and gender segregation in schools, public places, and employment. Applies to: Private sector employers >15 employees Labor unions Federal, State, Local Governments Covers: Applications Covers: Testing Hiring Promotion It also created the Equal Employment Opportunity Commission (EEOC).

Equal Employment Opportunity Commission (EEOC) : 

Equal Employment Opportunity Commission (EEOC) Investigates discrimination complaints based on an individual’s : race color national origin religion sex age disability

Compliancehttp://www.eeoc.gov : 

Compliancehttp://www.eeoc.gov The most important rule is that your hiring process has no adverse impact on any protected group. 3 principal protected groups: Women Minorities Over 40 years Two Main Criteria to Evaluate EEOC Compliance: 80% or 4/5ths rule Statistically significant differences

Slide 54: 

EXAMPLE: The town of Carlsbad has a population where 50% are male, 50% are female. You are about to open a new sports gym as part of your sports medicine clinic and will hire 10 new fitness instructors. 45 people applied for the job, 20 were female and 25 were male. You hired 7 males and 3 females. Did you violate the 4/5s rule?

Age Discrimination in Employment Act of 1967 (ADEA) : 

Age Discrimination in Employment Act of 1967 (ADEA) Prohibits employment discrimination against persons 40-70 years of age or older in the United States. Employees Job applicants (Includes hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training).

ADEA Amended 1990 Older Workers Benefit Protection Act (OWBPA) : 

ADEA Amended 1990 Older Workers Benefit Protection Act (OWBPA) Amended the (ADEA) to prohibit employers from discriminating against older workers by denying certain employee benefits, (i.e severance pay, senority, long term disability etc), to them. Removed: Applicant age limit of 70 Mandatory retirement age

American Disabilities Act (ADA) of 1990 : 

American Disabilities Act (ADA) of 1990 The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination of qualified individuals based on disability. Private employers State and local governments Applies to: Employment agencies Labor unions Application Testing Covers: Hiring Promotion Medical Examinations Requires: Employers must make reasonable accommodations unless undue hardship exists for the employer.

Family Medical Leave Act of 1993 : 

Family Medical Leave Act of 1993 Allows for up to 12 weeks of unpaid job and benefit protection per year for serious personal and family health conditions State, local and federal employees Applies Schools Private sector employers (> 50 employees) More of an entitlement

Negligent Hiring/Retention Liability : 

Negligent Hiring/Retention Liability NHR/Liability: When an employer fails to take reasonable steps to investigate the employee’s background before a new employee is hired. PT and OT licensing boards Public records reviews References National Practitioner Data Bank http://www.npdb-hipdb.com/npdb.html

Slide 60: 

EMPLOYERS ALWAYS SHOULD: CHECK RESUME REFERENCES RETAIN All RESUMES KEEP ALL INVESTIGATIVE DOCUMENTATION!

Restrictive Covenants in Employee Contracts : 

Restrictive Covenants in Employee Contracts Non-solicitation clause: Covenant not to compete: A covenant is a contractual promise.

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