LANGUAGE IN THE WORKPLACE. The Employer promotes a diverse workforce and recognizes that employees may be more comfortable conversing in a language other than English. The Employer respects the right of employees to do so. The Employer strives to balance this interest with its obligation to operate safely, efficiently, and in accordance with applicable law. Employees must have sufficient communication and language skills to enable them to perform their duties and communicate with residents, other staff, family members, and health care professionals, as required to perform the essential functions of their position. Except when it is necessary to ensure the safe, efficient, and patient-centered care of residents, employees may speak the language of their choice. For example, English is not required when an employee is on a rest break, during a meal break, or at other non- work times. Additionally, English is not required when employees are not directly performing their job duties such as talking with coworkers while moving from one assignment to the next or while engaged in personal matters. These communications, however, must occur outside the presence of residents or family members of a residents who do not understand the language being spoken. To operate safely, efficiently, and in accordance with applicable law there are times when the Employer requires employees to communicate or take direction and guidance in English. For example, employees must communicate in English when: Interacting with residents, their families, or anyone acting on a resident’s behalf, unless the resident’s care plan unequivocally expresses a preference for communication in another language. Residents are entitled to be communicated with by staff in a language that they understand. Promoting the safety of residents or ensuring efficient and effective operations. For example, English is required when communicating with co-workers during emergencies, when discussing patient care, or when discussing or performing teamwork assignments unless all employees involved in the discussion effectively speak and understand the same common language. Communicating with supervisors to receive direction and instruction or when supervisors are evaluating an employee’s performance monitoring and evaluating the performance of employees whose job duties require communication with coworkers or residents or their families unless all employees involved in the discussion effectively speak and understand the same common language. To...
