Common use of Low Census Clause in Contracts

Low Census. Low census shall be defined as a decline in client care requirements resulting in a temporary staff decrease. Reduction of hours due to low census does not have any notice requirements. After the schedule is posted, in the event the Employer reduces the workforce in a job classification on a given shift due to low census, scheduled hours will be reduced in the following order: First Cut: Agency Personnel Next Cut: Employees working in an overtime pay condition Next Cut: Employees working a scheduled extra pickup shift which will result in overtime during the pay period Next Cut: Employees that volunteer to take a low census day Next Cut: Employees working a scheduled extra pickup shift which will not result in overtime during the pay period Next Cut: Non-voluntary rotational cut of full-time and part-time employees in a job classification on the affected shift by using the seniority list in that job classification. The list will be created with the employee who was hired last being the first to take a low census day when the facility is overstaffed. Such employee’s name will then be removed from the seniority list. If the next day the facility is overstaffed, the employee who was hired second to the last will be asked to take a low census day off, etc. until each employee has taken their turn. After every employee has taken their turn, the list will start over again. For employees that have volunteered to take a day off or for employees that have agreed to work an alternate day or shift prior to their name being called on the seniority list, that employee’s name will be crossed off from the list, and when his/her turn comes up, staffing will skip their name and proceed to the next employee. Employees subject to low census may elect to utilize earned PTO benefits which are otherwise available for scheduling. Quarterly, on November 1, February 1, May 1, and August 1, the cycle of applying cut hours will start over.

Low Census. In the event of a temporary decrease in occupancy and/or the level of care required by residents in the facility to the extent that there is insufficient work to require the normal staffing, the Employer shall have the option to assign low census days/hours to employees. Low census days/hours shall be defined as assigned pursuant to the following procedure: The Employer shall first consider whether employees in the job classification and unit that is experiencing low census for the shift can be reassigned to another unit (and/or, where appropriate, another job classification) for which the employee is qualified. Unless specific, documented resident care needs are overriding. Such reassignment shall be made to the least senior employee in the job class without rotation (this only applies to low-census-driven floating assignments. Floating required to cover unexpected staff vacancies may be equitably rotated among staff based upon resident care needs). No employee shall suffer a decline reduction in client care requirements resulting in a temporary staff decrease. Reduction of hours his/her pay due to such temporary reassignment. If reassignment is not appropriate, unless specific, documented resident care needs are overriding, low census does call-offs shall be made in accordance to the following: • Employees shall first be asked tovolunteertotakealowcensus day/hour (the Employermay provide opportunity for employees to indicate interest in "volunteering" census in advance and may assume individuals who do not have any notice requirements"sign up" do not wish to volunteer, rather than having toinquireofeachscheduled employeewithin the job class). After • If there are an insufficient number of volunteers to accomplish the schedule is posted, in the event necessary reduction then employees shall be designated by the Employer reduces the workforce in a job classification on a given shift due to low census, scheduled hours will be reduced in the following order: First Cut: Agency Personnel Next Cut: Employees working in an overtime pay condition Next Cut: Employees working a scheduled extra pickup shift which will result in overtime during the pay period Next Cut: Employees that volunteer to take a low census day Next Cut: Employees working a scheduled extra pickup shift which will not result in overtime during the pay period Next Cut: Non-voluntary rotational cut of full-time and part-time employees in a job classification on the affected shift by using the seniority list in that job classification. The list will be created with the employee who was hired last being the first to take a low census day when the facility is overstaffed. Such employee’s name will then be removed from the seniority list. If the next day the facility is overstaffed, the employee who was hired second to the last will be asked to take a low census day off, etc. until each Assignments of low census days/hours shall be rotated among the staff in affected departments so that no employee has taken their turn. After every employee has taken their turn, the list will start over again. For employees that have volunteered in a department shall be required to take a second low census day until all employeesin thedepartment shall have takena lowcensus day. Low census assignments shall initially be made in the reverse order of seniority. After all employees in a department have takenalowcensus day thentherotationwill begin again with the least senior employee. An employee who volunteers to take a low census day shall be regarded for the purpose of rotation to have been assigned that day as a low census day. Nothing herein shall limit the number of low census days an employee may acceptasavolunteer. Low census days shall be without compensation (except Show-Up pay, if applicable). However, employees may use available vacation time. • Should an employee be called off or for employees that have agreed to work an alternate day or shift prior to their name being called on out of turn in the seniority listrotation, that employee’s name his/her remedy will be crossed off from to be skipped in the list, and rotation when his/her turn "turn" next comes up. If an employee is called off due to low census, staffing will skip their name the employee shall be eligible to have the hours which were scheduled to be worked count as time worked for the following, including but not limited to: • Eligibility for benefits • Waiting periods under health insurance and proceed other fringe benefit plan • Vacation and, sick leave accruals The employee may have to complete a form requesting such "credit" if the next employeeEmployer’s time & attendance system is not set up to automatically track low census hours. Employees subject It is understood that reduction in hours due to low census may elect is expected to utilize earned PTO benefits which be a temporary state. In the event bargaining unit employees within the same job classification or department are otherwise available for scheduling. Quarterly, assigned low census time off on November 1, February 1, May 1, and August 1a majority of the days during a forty-five (45) calendar day period, the cycle Employer and the Union shall meet within ten (10) calendar days of applying cut the Union’s request to discuss alternatives, including the feasibility of implementing the layoff provisions of this Agreement. Notwithstanding, the Union may request a meeting with the Employer at any point of low census to discuss appropriate solutions, if it is determined that reduction in hours will start overis causing significant distress and economic impact to bargaining unit employees.

Low Census. Low census This article shall be defined as apply to nursing assistants and surgical technicians. If a decline in client care requirements resulting in a temporary staff decrease. Reduction of hours due to low census does not have any notice requirements. After the schedule is posted, in the event or patient needs leaves the Employer reduces overstaffed, the workforce in a job classification Employer may reduce the number of work hours scheduled for the affected shifts on a given shift due particular unit. When the decrease is anticipated to low censusbe temporary, scheduled hours will the Employer shall effect appropriate reductions in staff as set forth in this article. First, employees who are qualified to work in another area of the Employer where there is a need shall be reduced reassigned to such other area provided such employee is oriented and qualified to work in that department or unit. The Employer shall not assign employees to functions or tasks to which they have not been oriented or are not qualified to perform. Second, if the following order: First Cut: Agency Personnel Next Cut: Employees working in an overtime pay above condition Next Cut: Employees working a scheduled extra pickup shift which will result in overtime during cannot be met, the pay period Next Cut: Employees that volunteer to take a low census day Next Cut: Employees working a scheduled extra pickup shift which will not result in overtime during the pay period Next Cut: Non-voluntary rotational cut of Employer shall offer full-time and part-part- time employees in on a job classification on the affected particular shift by using the seniority list in that job classificationor unit an opportunity to voluntarily request an absence day. The list will employee may elect to use an accrued vacation day to maintain wages. Voluntary absence days shall not count toward the maximum number of involuntary absent days. Third, if additional reductions in staff are needed, the least senior regularly scheduled employee scheduled for the department/unit where the reduction is necessary shall be created with assigned an involuntary absent day. If further reductions are needed on that particular shift, the next least senior employee who was hired last being the first to take a low census shall be assigned an involuntary absent day when the facility is overstaffed. Such employee’s name will then be removed from and so on up the seniority list. If more reductions are necessary on another particular shift and the least senior employee has already received one (1) involuntary absent day, the next senior employee shall be assigned an involuntary absent day until all employees have been assigned one (1) day on a rotating seniority basis. If all employees on a department/unit which is the facility subject of staff reductions have been assigned forty (40) hours in a contact year; thereafter employees shall be assigned to other units for which they are qualified; and, if as a result employees on such other departments/units are displaced and assigned an absence day, no such displaced staff members shall be required to accept more than forty (40) hours in a contract year. Any employee volunteering for, or forced to take low-census hours shall continue to accrue seniority during the time off and shall continue to receive accruals toward fringe benefits during the time off. An employee who is overstaffedadvised not to report to work under this article and who is assigned an absence day shall be given a minimum of one and one half (1 1/2) hours’ notice before the beginning of the shift, assuming the staff member is reachable. If a call is answered by an answering machine, the employee who was hired second to Employer shall leave the last will be asked to take a low census day off, etc. until each employee has taken their turn. After every employee has taken their turn, the list will start over appropriate message and need not call again. For It shall be treated as an in-person conversation. The employee shall be advised when he or she reports for work that the Employer was unable to reach him or her and he or she may go home. If the employee s given less than one and one half (1 ½) hours’ notice, he or she shall receive two (2) hours pays without reporting. An employee shall be given credit toward all benefits and seniority for time lost from work under this article, as if such time were hours worked, except that such hours shall not count toward payment of overtime. When services of an employee on a shift and unit have been reduced under this article, no non-bargaining unit employees that have volunteered shall be used to take perform such services unless necessary to maintain the skill level in a day off or for employees that have agreed to work an alternate day or shift prior to their name being called on the seniority list, that employee’s name will be crossed off from the list, and when hisparticular department/her turn comes up, staffing will skip their name and proceed to the next employee. Employees subject to low census may elect to utilize earned PTO benefits which are otherwise available for scheduling. Quarterly, on November 1, February 1, May 1, and August 1, the cycle of applying cut hours will start overunit.

Low Census. ‌ Low census shall be defined as a decline in client care requirements resulting in a temporary staff decrease. Reduction of hours due to low census does not have any notice requirements. After the schedule is posted, in the event the Employer reduces the workforce in a job classification on a given shift due to low census, scheduled hours will be reduced in the following order: First Cut: Agency Personnel Next Cut: Employees working in an overtime pay condition condition. Next Cut: Employees working a scheduled extra pickup shift which will result in overtime during the pay period period. Next Cut: Employees that volunteer to take a low census day day. Next Cut: Employees working a scheduled extra pickup shift which will not result in overtime during the pay period period. Next Cut: Non-voluntary rotational cut of full-time and part-time employees in a job classification on the affected shift by using the seniority list in that job classification. The list will be created with the employee who was hired last being the first to take a low census day when the facility is overstaffed. Such employee’s name will then be removed from the seniority list. If the next day the facility is overstaffed, the employee who was hired second to the last will be asked to take a low census day off, etc. until each employee has taken their turn. After every employee has taken their turn, the list will start over again. For employees that have volunteered to take a day off or for employees that have agreed to work an alternate day or shift prior to their name being called on the seniority list, that employee’s name will be crossed off from the list, and when his/her turn comes up, staffing will skip their name and proceed to the next employee. Employees subject to low census may elect to utilize earned PTO benefits which are otherwise available for scheduling. Quarterly, on November 1, February 1, May 1, and August 1, the cycle of applying cut hours will start over.