LANGUAGE IN THE WORKPLACE Clause Samples

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 per applicable law. Employees must have sufficient communication and language skills 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. Employees may speak the language of their choice when it is necessary to ensure residents' safe, efficient, and patient-centered care. 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 residents’ family members who do not understand the language being spoken. To operate safely, efficiently, and per applicable law, there are times when the Employer requires employees to communicate or take direction and guidance in English. For example, employees must speak 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. Yet, residents also have a right to communicate in a language they understand. Therefore, if a resident or visitor wants to converse with the staff in a language other than English, employees may do so when they can effectively speak and understand the same common language. Promoting the safety of residents or ensuring efficient and effective operations. For example, English is required when communicating with coworkers 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 assessing the performance of employees whose job duties require communication with coworkers, residents, or their famil...