Welcome Letter from CEO
Total Page：16
File Type：pdf, Size：1020Kb
Rev. 09/16 TABLE OF CONTENTS
Section No. Title Page
0.1 Welcome Letter from CEO 3 0.2 About this Handbook 3
Section 1 POLICIES & PROCEDURES Page 1.1 Employment At-Will 5 1.2 Equal Employment Opportunity 5 1.3 Anti-Harassment and/or Discrimination 5 1.4 Genetic Information Non-Discrimination 6 1.5 Workplace Accommodations 7 1.6 Employment Eligibility Documents 7 1.7 Employment of Relatives 7 1.8 Open Communication 8 1.9 Direct Relationship Philosophy 9 1.10 Confidential and Proprietary Information 9 1.11 Ethics and Conflicts of Interest 10 1.12 Solicitation & Distribution 11 1.13 Bulletin Boards 11 1.14 Background Screening 11 1.15 Secondary Employment 12
Section 2 EMPLOYMENT STATUS & RECORDS Page 2.1 New Associate Orientation 14 2.2 Employment Records 14 2.3 Introductory Period 15 2.4 Employment Classifications 15
Section 3 WORKING CONDITIONS, HOURS & SAFETY Page 3.1 Hours of Work 18 3.2 Use of Email and Voice Mail 18 3.3 Use of Telephones and Cellular Telephones 19 3.4 Social Media 19 3.5 Telephone Monitoring 22 3.6 Personal Property 23 3.7 Right to Search/No Privacy Expectations 23 3.8 Smoke-Free Workplace 24 3.9 Safety and Health 24 3.10 Injury/Illness on the Hob 25 3.11 Distracted Driving 26 3.12 Weapons Policy 26 3.13 Violence in the Workplace 27
Section 4 TIMEKEEPING, PAYROLL & COMPENSATION Page 4.1 Payday 29 4.2 Direct Deposit 29 4.3 Overtime 29 4.4 Corrections to Pay 29
2 Section 4 TIMEKEEPING, PAYROLL & COMPENSATION Page 4.5 Pay Transparency [For federal contractors only. All others 30 should delete this policy.]
Section 5 BENEFIT PROGRAMS Page 5.1 Eligibility for Benefits 32 5.2 Health and Welfare Benefits 32 5.3 Retirement Savings Plan 401(K) 33 5.4 Retirement Plan 34 5.5 Associate Assistance Program 34 5.6 Continuation of Healthcare Coverage (COBRA) 35 5.7 Workers’ Compensation 36
Section 6 TIME OFF & LEAVES OF ABSENCE Page 6.1 Vacation 38 6.2 Holidays 38 6.3 Sick Time 39 6.4 Personal Leave Time 40 6.5 Maternity Leave 40 6.6 Family Medical Leave Act 41 6.7 Medical Leave of Absence 44 6.8 Military Leave 44 6.9 Bereavement Leave 45 6.10 Jury Duty/Witness Duty 46
Section 7 EMPLOYEE CONDUCT & CORRECTIVE ACTION Page 7.1 Attendance and Punctuality 48 7.2 Drug and Alcohol Abuse 49 7.3 Conduct Rules 51 7.4 Corrective Action 53 7.5 Dress Code 53 7.6 Resigning Employment by No Call/No Show 54 7.7 Leaving the Organization 54
Handbook Acknowledgment 56
3 Welcome Letter from CEO
Welcome to (Organization Name)!
We are happy to have you as a member of the (Organization Name) team. You are here because we believe you can make an important contribution to our future. We also believe we have an environment where you can learn and grow and gain the satisfaction of being part of a successful organization.
(Organization Name) exists to serve the needs of our customers. Our customers depend on our products and services, and we will always strive to live up to their expectations.
Thank you again for being part of our team!
I look forward to working with you!
(Insert Name) President and CEO
ABOUT THIS HANDBOOK
This handbook is your information guide to (Organization Name). It has been prepared to provide associates with a general overview of our policies, procedures and benefits. It is obviously not possible to anticipate every situation that may arise in the workplace or to provide information that answers every possible question. Further, this information guide is not intended to create, nor does it create, a contract of employment, either express or implied, between (Organization Name) and any of its associates for either employment of any specific term of the providing of benefits.
Although it is not a contract or a legal document, it is important that all associates read, understand and follow the provisions of this handbook. Further, circumstances will undoubtedly require that policies, practices and benefits described in this information guide may need to be clarified, modified or revoked. The Company maintains the responsibility and the right to make these changes at any time and will advise you when this happens.
This handbook supersedes and replaces any previous version.
4 SECTION 1: POLICIES AND PROCEDURES
5 1.1 EMPLOYMENT AT- WILL
It is the policy of the Company that all associates are employed at-will. This handbook is not a contract guaranteeing employment for any specific duration. This means that either you or the Company may terminate this relationship at any time, for any reason, with or without cause or notice. Please understand that no representative of the company other than the Chief Executive Officer has the authority to enter into any individual agreement with you for employment for any specified period or to make any promises or commitments contrary to the foregoing. Further, any employment agreement entered into by the Chief Executive Officer shall not be enforceable unless it is in writing.
1.2 EQUAL EMPLOYMENT OPPORTUNITY
As an equal opportunity employer, (Organization Name) does not discriminate in its employment decisions on the basis of race, religion, color, national origin, sex, pregnancy, lactation status, gender identity, sexual orientation, age, disability, veteran or military status, genetic information or any other protected status. Equal opportunity will be extended to all persons in all aspects of the employer-associate
Any associates with questions or concerns about any type of discrimination in the workplace should bring these issues to the attention of their immediate supervisor or Human Resources. Associates can raise concerns and make reports without fear of retaliation. Anyone found to be engaging in any type of discriminatory behavior in violation of this policy will be subject to disciplinary action, up to and including termination of employment. Further, anyone who retaliates against an associate for bringing forth a good faith complaint about behavior that violates this will be subject to disciplinary action up to and including termination.
1.3 ANTI- HARASSMENT AND/OR DISCRIMINATION
(ORGANIZATION NAME) strives to maintain a workplace that fosters mutual associate respect and promotes harmonious, productive working relationships. Our organization believes that discrimination and/or harassment in any form constitutes misconduct that undermines the integrity of the employment relationship. The Company prohibits discrimination and/or harassment that is sexual, racial or religious in nature or is related to anyone’s gender, national origin, age, sexual orientation, gender identity, pregnancy, disability, genetic information or veteran’s status. This policy applies to all associates throughout the organization and all individuals who may have contact with any associate of this organization.
6 Sexual harassment is one form of harassment. Sexual harassment is the unwelcome sexual advances, requests for sexual favors, or other verbal, visual or physical conduct of a harassing nature will constitute harassment when a person involved feels compelled to submit to that misconduct in order to keep his/her position, to receive appropriate pay, or to benefit from certain employment decisions. If this type of misconduct interferes with an associate’s work or creates an intimidating, hostile or offensive work environment, it may also be considered harassment.
Everyone at (ORGANIZATION NAME), especially each member of management, is expected to avoid any behavior or conduct that could be interpreted as a violation of this policy against harassment. All associates should also understand the importance of informing an individual whenever that individual’s behavior is unwelcome, offensive, in poor taste or inappropriate. If you feel that you have experienced or witnessed discrimination or harassment, you are to notify any of the following individuals immediately:
Immediate supervisor Human Resources Chief Executive Officer
The Company will promptly and thoroughly investigate the complaint and, when applicable, take appropriate action to prevent further incident. Retaliation against any associate for filing a complaint or participating in an investigation is strictly prohibited. Anyone who retaliates against another for complaining or participating in an investigation will be subject to disciplinary action up to and including termination. We strongly urge and require associates to bring forth any and all good faith complaints of workplace harassments.
1.4 GENETIC INFORMATION NONDISCRIMINATION
(Organization Name) strictly prohibits discrimination based on genetic information. GINA prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of associates or their family members. In order to comply with this law, we are asking that you not request or provide any genetic information in the workplace or to representatives of the company at any time. ‘Genetic information,’ as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual
7 or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.
1.5 WORKPLACE ACCOMMODATIONS
The Americans with Disabilities Act Amendments Act (ADAAA) requires employers to reasonably accommodate qualified individuals with disabilities, unless doing so creates an undue hardship. It is the policy of the Company to comply with all requirements concerning the employment of persons with disabilities.
It is Company policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions, and privileges of employment.
(Organization Name) will make reasonable accommodations to qualified individuals with disabilities to enable them to perform the essential functions of a job. An individual, who can be reasonably accommodated for a job, without the accommodation posing an undue hardship, will be given the same consideration for that position as any other applicant.
Associates in need of accommodation should contact Human Resources with their request.
1.6 EMPLOYMENT ELIGIBILITY DOCUMENTS
In accordance with the Immigration Reform and Control Act of 1986, (Organization Name) associates United States citizens and non-citizens who have received authorization to work in the United States. All new associates must complete an I-9 form and provide proof of their identity and ability to work in this country. If a new associate is unable to provide the necessary documentation within three (3) business days from their start date, the associate will be terminated.
Additionally, any associate younger than eighteen (18) years of age will be required to present proof of age and certification required by state or federal law.
1.7 EMPLOYMENT OF RELATIVES
(Organization Name) does not strictly prohibit the employment of relatives in the capacity of regular, contractual or temporary status. However, the Company has established this policy to promote the equitable treatment of
8 all associates, to avoid actual and perceived conflicts of interest, and to prevent the appearance of partiality in the hiring, promotion, demotion, reassignment, and transfer of associates. Thus, relatives of person’s currently employed by (Organization Name) may hired only if they will not be in the same department, under the same supervision, working directly for or being supervised by a relative.
Relatives for purposes of this policy are defined as: spouse, son, daughter, mother, father, brother, sister, grand-parent or child, step-parent or child, step-sister, step- brother, in-laws, aunt, uncle, nephew, niece, first cousin, significant other or any other relationship that would present a conflict of interest as determined by the Company.
In the event a relationship between two associates is created during employment which puts the associate in a position where s/he works in a relative’s direct line of supervision, or in a position that poses a possible conflict of interest, each associate involved has a responsibility to immediately inform management. An appropriate solution will be sought as soon as practical, which will require transferring one of the associates to an open position, if available, or termination. Failure to report the situation may result in disciplinary action up to and including termination.
1.8 OPEN COMMUNICATION/DISPUTE RESOLUTION
At (Organization Name), we believe that communication is the heart of good associate relations. Associates should share their concerns, seek information, provide input and resolve work-related issues by discussing them with their supervisors until they are fully resolved. It may not be possible to achieve the results an associate wants, but the supervisor needs to attempt to explain in each case why a certain course of action is preferred. If an issue cannot be resolved at that level, the associate is welcome to discuss the issue with the manager of his/her department. The supervisor should set up a time for both of them to meet with the manager. If the associate’s concern cannot be resolved by the manager, the associate may discuss it with an officer of the organization. The manager should schedule that meeting for the associate.
Regardless of the situation, associates should be able to openly discuss any work-related problems and concerns without fear of retaliation. Managers and supervisors are expected to listen to associate concerns, encourage their input and seek resolution to the issues and concerns. Often this will require setting a meeting in the near future. Managers and/or supervisors are to set these meetings as quickly as possible, and associates are expected to understand that issues may not always be addressed at the moment they 9 arise. Discussing these issues and concerns with management will help to find a mutually acceptable solution for nearly every situation.
If an associate has a concern about discrimination and/or harassment, (Organization Name) has set up special procedures to report and address those issues. The proper reporting procedures are set forth in the organization’s Harassment and Discrimination Policy.
1.9 DIRECT RELATIONSHIP PHILOSOPHY
(Organization Name) is proud of the open and cooperative relationship that exists between associates and management. Our Company’s policies and procedures were established to develop and maintain this type of direct relationship without interference or objections of third parties, which have their own interests to look after. We will make every effort to ensure that associates always have the right to deal directly with management. We are committed to this because we believe that the continued growth and success of our associates and our Company depend on our ability to work together. This philosophy is taken because we are pro-associate. We feel that we can best maintain this environment through mutual trust and respect, and through open communication
1.10 CONFIDENTIAL AND PROPRIETARY INFORMATION
Associates of (Organization Name) will receive and have access to information that is confidential in nature to the organization, its customers, and vendors. Associates are not to disclose any such confidential information to (a) any other person in the organization unless there is a legitimate business reason for doing so; or (b) any person outside the organization unless management has expressly stated that the information can be disclosed to that person. This obligation exists after the associate leaves the organization.
The organization has developed certain proprietary products and processes that are unique to the organization. Keeping such information from competitors plays an important part in our success. The organization protects proprietary information by restricting associates and visitors’ access to certain designated areas and access to documents to only those who have business reasons to view them.
10 All associates are asked to sign an agreement at the beginning of employment that grants (Organization Name) the patent rights to any invention created or associated with our technology and/or the copyright to any materials created while the associates are employed with (Organization Name).
1.11 ETHICS AND CONFLICTS OF INTEREST
Associates are expected to use good judgment, adhere to high ethical standards, and avoid situations that create an actual or perceived conflict between their personal interests and those of the organization. (Organization Name) requires that the transactions associates participate in are ethical and within the law, both in letter and in spirit.
(Organization Name) recognizes that different organizations have different codes of ethics. However, just because a certain action may be acceptable by others outside of (Organization Name) as “standard practice”, that is by no means sufficient reason to assume that such practice is acceptable at our organization. There is no way to develop a comprehensive, detailed set of rules to cover every business situation. The tenets of this policy outline some basic guidelines for ethical behavior at (Organization Name). Whenever associates are in doubt, they should consult their manager.
Conflicts of interests or unethical behavior may take many forms including, but not limited to, the acceptance of gifts from competitors, vendors, potential vendors or customers of the organization. Gifts may only be accepted if they have a nominal value and only on appropriate occasions (for example, a holiday gift). Associates are cautioned not to accept any form of remuneration or non-business related entertainment, nor may associates sell to third parties any information, products or materials acquired from the organization. Associates may engage in outside business activities, provided such activities do not adversely affect the organization or the associate’s job performance and the associate does not work for a competitor, vendor, or customer. Associates are prohibited from engaging in financial participation, outside employment, or any other business undertaking that is competitive with, or prejudicial to, the best interests of (Organization Name). Associates may not use proprietary and/or confidential information for personal gain or to the organization’s detriment, nor may they use assets or labor for personal use.
If an associate or someone with whom the associate has a close personal relationship has a financial or employment relationship with a competitor, vendor, potential vendor, or customer of the organization, the associate
11 must disclose this fact in writing to Human Resources. The organization will determine what course of action must be taken to resolve any conflict it believes may exist. If the conflict is severe enough, (Organization Name) may be forced to ask the associate to tender his/her resignation. (Organization Name) has sole discretion to determine whether such a conflict of interest exists.
Should any associate become aware of what he or she believes to be unethical or illegal action with any connection to the organization or its business associates, that associate has the duty and responsibility to immediately report that information to management for investigation. Failure to do so will subject the associate to discipline up to and including termination. All associates should realize that any wrongdoing is counter to our mission and vision and therefore, will therefore not be tolerated. Associates are encouraged to seek assistance from their managers with any legal or ethical concerns. However, (Organization Name) realizes this may not always be possible. As a result, associates may contact Human Resources to report anything that they cannot discuss with their manager.
1.12 SOLICITATION/DISTRIBUTION
Solicitation by a (Organization Name) associate of another associate is prohibited during the working time of either person. Working time is defined as time when an associate’s duties require that he/she be engaged in work tasks. Distribution of printed material or literature of any nature shall be limited to non-work areas at non-work times. No literature shall be posted anywhere on the premises without the authorization of the HR Manager. Solicitation and/or distribution of material on company property by persons not employed by (Organization Name) are prohibited at all times.
1.13 BULLETIN BOARDS
The organization uses bulletin boards to communicate important business information such as safety rules, job postings, statutory and legal notices, company policies, and management memos. Each associate has the responsibility to read the information that is posted. Your manager or supervisor can give you the location of the bulletin board nearest your work area. Associates may not post material on bulletin boards without the approval of Human Resources.
1.14 BACKGROUND SCREENING
Pre and post-employment background screens may be conducted on associates who have consented to consumer background screens, which may
12 include a criminal report. In rare cases, when relevant to the job, the company may also obtain a credit report. In addition, the Company may also verify prior employment and education as well as to obtain information from personal and professional references.
Information obtained in the screening process will be handled confidentially and disclosed on a business-need-to-know basis. Further, negative information, for example, a criminal conviction, gathered in this process will not be used as an automatic bar to employment or a basis for termination. Instead, only information that is job related will be used in considering employment decisions.
1.15 SECONDARY EMPLOYMENT
While (Organization Name) does not prohibit associates from having a second job, secondary employment must not affect the associate’s work hours, interfere or conflict with the associate’s regular duties, raise any ethics concerns, or necessitate long hours that may impact the associate’s working effectiveness.
Further, associates who are on a leave of absence from (Organization Name) may not engage in secondary employment during the leave period.
13 SECTION 2: EMPLOYMENT STATUS & RECORDS
14 2.1 NEW ASSOCIATE ORIENTATION
In an effort to insure a smooth transition into (Organization Name), all newly hired associates will participate in an orientation. Orientation is the joint responsibility of the new associate’s supervisor and the Human Resources Department. Human Resources will be responsible for providing new associates with:
. A history of the organization;
. An explanation of the operations of the organization; and
. An overview of the organization’s policies, procedures and benefits.
All new associates must attend an orientation section. During the orientation session, the associate will receive an associate handbook and will be given an opportunity to ask questions about any information contained in the associate handbook.
The new associate’s supervisor is responsible for ensuring that each associate attends an orientation session. In addition, supervisors are responsible for all job training. Supervisors should ensure that they talk often with new associates during the first few weeks of their employment.
2.2 EMPLOYMENT RECORDS
(Organization Name) is required to keep accurate, up-to-date employment records on all associates to ensure compliance with state and federal regulations, to keep benefits information current, and to make certain that important mailings reach all associates. The company considers the information in employment records to be confidential.
Associates must inform (Organization Name) of any necessary updates to their personnel file information such as change of address, changed telephone numbers, emergency contact, marital status, number of dependents or names of covered beneficiaries. Associates should also inform their supervisor or the HR Manager of any outside training, professional certifications, education, or any other change in status. (Organization Name) also maintains a separate medical file for each associate, with extremely limited access and knowledge on a strict need-to-know-only basis.
15 (Organization Name) will only verify dates of employment and job titles to outside agencies inquiring by telephone about an associate. No other information will be given out about an associate without written authorization from the associate, except what is required to comply with the law.
All current associates will be permitted to review their personnel files at reasonable times after reasonable advance notice of wishing to so review.
2.3 INTRODUCTORY PERIOD
The introductory period is intended to give new associates the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. (Organization Name) uses this period to evaluate associate capabilities, work habits and overall performance. Because of the “at-will” relationship entered into for employment at (Organization Name), either the associate or (Organization Name) may end the employment relationship “at will” at any time during or after the introductory period, with or without reason, cause, or advance notice.
All new associates work on an introductory basis for the first ( ) days of work after their date of hire. (Organization Name) will never extend this introductory period beyond ( ) days of work regardless of the reason or justification.
During the introductory period, new associates are eligible for those benefits only that are required by law, such as workers’ compensation insurance and social security, and not those benefits available to regular, full-time associates that are discussed elsewhere in this document.
2.4 EMPLOYMENT CLASSIFICATIONS
It is the intent of (Organization Name) to clarify the definitions of employment classifications so that associates understand their compensation and benefit eligibility. These classifications do not guarantee employment for any specified period of time. Accordingly, the right to terminate the relationship “At-Will” at any time, for any or no reason or cause, with or without notice, is retained and granted to both the associate and the organization.
Each associate is designated as either “Exempt” or “Non-Exempt” according to federal and state wage and hour laws. “Exempt associates” are not subject to the minimum wage and overtime requirements of state and
16 federal law. “Non-Exempt associates” are subject to the state and/or federal wage and hour laws and are paid at least the minimum wage and a premium for all overtime work.
In addition to the above categories, each associate will belong to one other employment category:
FULL-TIME Associates are those who are not temporary and who are regularly scheduled to work at least thirty (30) hours (not including unpaid meal time) per week.
PART-TIME Associates are those who are not temporary and who regularly work less than thirty (30) hours (not including unpaid meal time) per week.
TEMPORARY OR SEASONAL Associates are those who are temporary and who do not regularly work longer than nine (9) months of the year. Such associates may be either full-time or part-time.
ACTIVE Associates are those who are not on any type of disability or leave of absence.
17 SECTION 3: WORKING CONDITIONS & SAFETY
18 3.1 HOURS OF WORK
The standard workweek is forty (40) hours. The standard workday is eight (8) hours for nonexempt workers. Workday lengths for exempt associates are determined primarily by the hours required to accomplish their current workloads. General business hours are from a.m. to p.m. daily. As starting and ending times vary within departments and office locations, the manager of each department will determine the schedule for his or her department. The workweek commences on Monday at 12:01 a.m. and ends the following Sunday evening at Midnight.
An unpaid meal period is provided to any associate who works a minimum of six (6) hours per day (minors five (5) hours). The normal meal period should occur approximately halfway through the workday. However, certain departments may require alternate meal periods. The length of the meal period may vary from thirty (30) minutes to one (1) hour according to the needs of the department. Non-exempt associates, when leaving company premises, should clock out for their lunch periods or record their lunch periods on their time sheet.
Non-exempt associates receive two ten-minute paid break periods for each full workday, one approximately a quarter of the way into the workday and one approximately three quarters into the workday. Associates are not to leave the premises during this paid break period. (Organization Name) can and will modify an associate’s starting and quitting time as well as the number of hours worked to accommodate business needs.
3.2 USE OF E-MAIL AND VOICE MAIL
Electronic mail and telephone voice mail are efficient and valuable business tools. They are also property of the organization. In short, neither of these systems is considered to be confidential, nor should they be used to meet an associate’s own personal needs. If an associate receives a message that is not addressed to him/her, he/she is not authorized to read or use information contained in that message.
The rule of thumb when it comes to e-mail and voice mail is that associates should not say or write anything that they would not want someone other than the intended receiver to hear or read. Remember than even when an e- mail or voice mail message has been deleted from a location, it is still possible to retrieve and read that message.
(Organization Name) can and will access and read any and all information contained in computers, computer files, e-mail messages or voice mail 19 messages. Associates should have no expectation of privacy with regard to these communications and will be in violation of the organization’s discrimination and harassment policy if they send, receive or access discriminatory, harassing or otherwise inappropriate e-mails or voice mails.
3.3 USE OF TELEPHONES AND CELLULAR TELEPHONES
Office telephones are a vital part of our business operation. Because of the large volume of business transacted by telephone, personal use of the telephone should be limited and personal calls should be brief. Personal long distance calls must be billed to the associate’s home phone or credit card or placed collect.
While associate personal cellular telephones are not strictly prohibited in our workplace, personal cellular usage must be limited in the same way that personal calls on the office telephone is limited. This policy about cellular phone usage applies to any device that makes or receives phone calls, leaves messages, sends text messages, surfs the Internet, or downloads and allows the reading of and responding to e-mail, whether the device is company-supplied or personally owned. Associates who violate this policy shall be subject to disciplinary action, up to and including termination of employment.
3.4 SOCIAL MEDIA
(Organization Name) recognizes the growing importance of online social media networks as a communication tool. The Company takes no position on associate’s decision to participate in the use of social media networks during their personal time. However, the use of social media presents certain risks and carries with it certain responsibilities. To assist you in making responsible decisions about your use of social media, we have established these guidelines for appropriate use of social media.
GUIDELINES For purposes of this policy, social media includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else’s web log or blog, journal or diary, personal website, social networking or affinity website, web bulletin board or chat room, whether or not employed with or affiliated with the (Organization Name), as well as any other form of electronic communication. This policy addresses associates’ use of such networks including personal websites, web logs (blogs), wikis, social networks, online forums, virtual worlds, and any other kind of social media. (Organization Name) respects the right of
20 associates to use these mediums during their personal time. Use of these mediums for personal social media networks during working time of the organization or on equipment of the organization, however, is prohibited. Generally, the same workplace principles found elsewhere in this Handbook and in other policies apply to your online activities. You are solely responsible for what you post online. Prior to posting online, consider the risk and rewards that are involved. Keep in mind that any online conduct that adversely affects your job performance, the performance of fellow associates, or otherwise adversely affects [select all that apply: members, customers, suppliers, patients, patients’ families,] people who work on behalf of (Organization Name) or (Organization Name’s) legitimate business interests may result in disciplinary action up to and including termination. Here are some important guiding principles to keep in mind: • Carefully review relevant (Company, or Organization) policies and guidelines, in particular, the Equal Employment Opportunity policy, which includes the Company’s anti-discrimination and harassment principles, and ensure that your postings are consistent with the policies. • Also remember that you are more likely to resolve a workplace concern by speaking directly with your co-worker or by utilizing the Open Door Policy, rather than by posting a complaint on social media. However, if you decide to post a complaint or criticism, avoid using statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening, or intimidating, that disparage customers, members, associates or suppliers, or that might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion or any other status protected by law or company policy. • Make sure you are honest and accurate when posting information or news, and if you make a mistake, correct it quickly. • Never post any information or rumors that you know to be false about (Organization Name), fellow associates, [members, customers, suppliers, patients, patients’ families], people working on behalf of (Organization Name) or competitors. • Maintain the confidentiality of (Organization Name) trade secrets and private or confidential information. Trade secrets may include information regarding the development of systems, processes, products, know-how and technology. Do not post internal reports, policies, procedures or other internal business-related confidential communications. • Respect financial disclosure laws. For example, it is illegal to communicate or give a “tip” on inside information to others so that they may buy or sell stocks or securities. • Do no create a link from your blog, website or other social networking site to a (Organization Name) website without first identifying yourself as a (Organization Name) associate. 21 • Express only your personal opinion. Never represent yourself as a spokesperson for (Organization Name).
USE OF SOCIAL MEDIA AT WORK Refrain from using social media while on work time or on equipment we provide, unless it is work-related as authorized by your manager or consistent with the company’s policy regarding the use of company equipment. Do not use (Organization Name) email address to register on social networks, blogs or other online tools utilized for personal use. Associates who are expressly authorized to post on the (Organization Name) Twitter, Linkedin, Facebook or any other company-owned account does so on behalf of, at the request of and in connection with his/her employment. The (Organization Name) maintains the exclusive right to control and own these social media accounts and their content. Upon termination, the account will stay with (Organization Name).
RETALIATION (Organization Name) prohibits taking negative action against any associate for reporting a possible deviation from this policy or for cooperating in an investigation. Any associate who retaliates against another associate for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination.
MEDIA CONTACTS Associates should not speak to the media on (Organization Name’s) behalf without contacting the (Insert Appropriate Dept, e.g., Corporate Affairs, Media Relations, Human Resources, etc). All media inquiries should be directed to them.
No part of this policy is intended to prevent or constrain an associate’s exercise of rights under Section 7 of the National Labor Relations Act.
3.6 PERSONAL PROPERTY
Personal belongings brought onto (Organization Name) premises are the associate’s responsibility. While the organization will do all it can to protect associate’s property, it cannot be held responsible for the loss or theft of personal belongings. If associates find property missing or damaged, they should report it to their supervisor immediately.
3.7 RIGHT TO SEARCH/NO PRIVACY EXPECTATIONS
22 Access to (Organization Name) premises is conditioned upon its right to inspect or search the person, vehicle or personal effects of any associate or visitor. This may include, but is not limited to, any associate’s office, desk, tablets, smart-phones, electronic devices, computer, & related equipment, non-password protected data on the company’s server file cabinet, closet, locker, lunchbox, clothing or similar place. Associates should have no expectation of privacy in connection with any of these listed places. Because even a routine inspection or search might result in the viewing of an associate’s personal possessions, associates are encouraged not to bring any item of personal property to the workplace that they do not want revealed to others in the company.
Any prohibited materials (or materials that may be found to be prohibited) that are found in an associate’s possession during an inspection or search will be collected and retained by management and placed in a sealed container or envelope. The associate’s name, date, circumstances under which the materials were collected, and by whom they were collected will be recorded and attached to the container or written upon the envelope. If, after further investigation, the collected materials prove not to be prohibited, they will be returned to the associate, and the associate must sign a receipt for the contents. If the prohibited materials prove to be illegal and/or dangerous, they will not be returned to the associate but may be turned over to the appropriate authorities.
From time to time, and without prior announcement, inspections or searches may be made of anyone entering, leaving, or on the premises or property of the company (including alcohol and/or drug screens or other testing). Refusal to cooperate in such an inspection or search (including alcohol and/or drug screens) shall be grounds for disciplinary action, up to and including termination.
3.8 SMOKE-FREE WORKPLACE
(Organization Name) is committed to providing a safe and healthy workplace and to promoting the health and wellbeing of its associates. As required by [the city ordinance, if applicable] and also motivated by our desire to provide a healthy work environment for our associates, the following smoking policy has been adopted and shall apply to all associates of (Organization Name). It is the policy of (Organization Name) to prohibit smoking on all company premises in order to provide and maintain a safe and healthy work environment for all associates.
Smoking is defined as the "act of lighting, smoking or carrying a lighted or smoldering cigar, cigarette or pipe of any kind, including vaping.
23 Restricted areas include: All areas of buildings occupied by company associates All company-sponsored off-site conferences and meetings All vehicles owned or leased by the company Anywhere on company-owned property
Associates who violate this smoking policy will be subject to disciplinary action up to and including immediate discharge.
3.9 SAFETY AND HEALTH
(Organization Name) promotes a safe and healthful environment for associates, customers and visitors. The management of the organization has the responsibility for implementing, administering, monitoring and evaluating safety procedures.
(Organization Name) provides information to associates about workplace safety and health issues through memos and other written communication.
Each associate is expected to work safely in all work activities and use safety equipment provided by (Organization Name) at all times. Associates must immediately report any unsafe condition to the appropriate supervisor. Associates who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or remedy such situations shall be subject to disciplinary action, up to and including termination.
In the case of accidents that result in injury or illness, regardless of how insignificant or minor it may seem, associates should immediately notify the HR Manager [Safety Supervisor] and the appropriate supervisor. Such reports are necessary to comply with laws and initiate insurance and workers’ compensation benefits procedures.
24 3.10 INJURY/ILLNESS ON THE JOB
Any associate reporting an on-the-job injury or illness will receive immediate and appropriate medical treatment. All applicable federal, state and local laws or regulations pertaining to occupational injuries or illnesses will be followed and complied with at all times.
It is the responsibility of all associates to report immediately in writing to their supervisor all on-the-job injuries or illnesses regardless of how insignificant or minor the injury or illness may appear at the time. Incident Report Forms are provided for this purpose and may be obtained from any supervisor or Human Resources [Safety Supervisor]. The supervisor will then complete a Supervisor’s Incident Investigation Report Form. These reports should be sent to the local workers’ compensation office and Human Resources [Safety Supervisor]. Failure to report an injury or illness as required by organization policy could result in loss of compensation benefits and possibly lead to disciplinary action, up to and including termination.
When associates sustain an injury or illness that requires outside medical treatment, the associates will also be subject to completing a screening for the presence of drugs and/or alcohol in their system. When associates are involved in a mobile equipment accident that results in significant damage, the associates will be subject to completing a screening for the presence of drugs and/or alcohol in their system. Any associate who refuses screening for the presence of drugs and/or alcohol will be subject to immediate termination.
In the event the injury is of the nature that requires outside medical treatment, associates will be paid for their entire shift and should not clock out. If subsequent medical visits are necessary, associates should schedule those during non-work hours if possible. Associates should clock out if the appointment is during their regular work shift.
3.11 DISTRACTED DRIVING
(Organization Name) requires the safe use of any handheld electronic wireless communication device, such as a cellular telephone, a text-message device, a tablet computer, a laptop or a similar device, by associates while conducting business and/or on company time. The associate should not use any handheld electronic wireless communication device while driving because of safety concerns and to comply with applicable laws. For
25 company-issued handheld devices, associates should disable them when driving.
This prohibition against the use of handheld electronic devices while driving applies to and includes, among other things, receiving or placing calls, text messaging, receiving or responding to e-mail, checking for phone messages, or any other purpose related to your employment; our customers; our vendors; volunteer activities, meetings, or civic responsibilities performed for or attended in the name of the organization; or any other work related activities not expressly named here. This policy does not restrict the use of hands-free devices; although, associates should exercise caution while driving.
Please be aware that in most local or state locations, text messaging while driving is against the law. Any monetary penalty and/or damages incurred as a result of using any handheld electronic wireless communication device shall be the sole responsibility of the associate.
3.12 WEAPONS POLICY
(Organization Name) believes that it is important to establish a policy addressing weapons in the workplace. The Company prohibits all associates, including, but not limited to, those with a state licensed concealed carry permit, from possessing or carrying weapons of any kind during the course and scope of performing their job for the Company, whether on company property, in company vehicles or while on company time. This prohibition against weapons includes:
Any form of weapon or explosive;
All firearms;
All illegal knives or knives; or
Other weapons covered by law.
If an associate is unsure whether an item is covered by this policy, please contact the HR Manager. Associates are responsible for making sure that any item they possess is not prohibited by this policy.
While the organization has a policy prohibiting weapons, nothing in this statement shall be construed as creating any duty or obligation on the part of (Organization Name) to take any actions beyond those required of an employer by existing law.
26 3.13 VIOLENCE IN THE WORKPLACE
The safety and security of all associates is of primary importance at (Organization Name). Threats, threatening and abusive behavior, or acts of violence against associates, visitors, customers or other individuals by anyone on (Organization Name) property will not be tolerated. Violations of this policy will lead to accelerated disciplinary action, not corrective action, up to and including termination and/or referral to appropriate law enforcement agencies for arrest and prosecution. (Organization Name) can and will take any necessary legal action to protect its associates, customers and property.
Any person who makes threats, exhibits threatening behavior or engages in violent acts on company premises shall be removed from the premises as quickly as safety permits and shall remain off company premises pending the outcome of the investigation. Following investigation, the organization will initiate an immediate and appropriate response. This response may include, but is not limited to, suspension and/or termination of any business relationship, reassignment of job duties, suspension or termination of employment and/or criminal prosecution of the person or persons involved.
All associates are responsible for notifying management of any threats that they witness or receive or that they are told another person witnessed or received. Even without a specific threat, all associates should report any behavior that they have witnessed that they regard as potentially threatening or violent or which could endanger the health or safety of an associate when the behavior has been carried out on a company-controlled site or is connected to company employment or company business. Associates are responsible for making this report regardless of the relationship between the individual who initiated the threatening behavior and the person or persons being threatened. The organization understands the sensitivity of the information requested and has developed confidentiality procedures that recognize and respect the privacy of the reporting associate.
27 SECTION 4: TIMEKEEPING, PAYROLL & COMPENSATION 4.1 PAYDAY
Most associates are paid (example, bi-weekly) on a (example, Friday). New associates should be advised by their managers when they can expect their first payroll check. Exempt associates are paid to date. Due to payroll processing time, all hours worked by non- exempt associates through the Friday one week prior to the payroll date will be included on that payroll check.
4.2 DIRECT DEPOSIT
For the sake of convenience and efficiency for both the associate and the organization, associates should have their payroll checks processed through direct deposit. The Payroll Department will split an associate’s paycheck between a maximum of different checking and savings accounts. Associates will be provided information by Human Resources in order to encourage associates to set up direct deposit.
4.3 OVERTIME
When business conditions require, associates may be needed to work overtime. When this occurs, associates’ supervisors will make every effort to provide timely advance notice. Such a need for overtime, when called for, is considered mandatory and associates are expected to fulfill overtime as required. Associates’ supervisors must approve all overtime prior to an associate working the overtime.
All non-exempt associates will be paid one and one half times their regular rate for all hours worked in excess of 40 in one workweek. Hours for which an associate is paid but for which he or she does not actually work (such as holidays, sick leave, vacation, etc.) are not counted as hours worked for computing overtime payments. Exempt associates are not eligible to be paid overtime.
4.4 CORRECTIONS TO PAY
While (Organization Name) strives to pay associates correctly, sometimes mistakes can occur. Reports of alleged improper deductions will be promptly investigated. If the (Organization Name) determines that a mistake has been made, it will promptly make the necessary correction.
28 Therefore, if you have questions or concerns about any deductions from your salary as an exempt associate, immediately contact your supervisor, the HR Manager, the Chief Executive Officer (CEO) or any member of senior management, without fear of reprisal. Retaliation will not be tolerated. Additionally, disciplinary action, up to and including termination, will be taken as the result of any associate who violates this policy.
4.5 PAY TRANSPARENCY POLICY (FOR FEDERAL CONTRACTORS ONLY. ALL OTHERS SHOULD DELETE THIS POLICY.)
As a federal contractor, the Company will not discharge or in any other manner discriminate against associates or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another associate or associate. However, associates who have access to the compensation information of other associates or applicants as part of their essential job function cannot disclose the pay of other associates or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing or action, including an investigation conducted by the Company-contractor, or (c) consistent with the Company-contractor’s legal duty to furnish.
29 SECTION 5: BENEFIT PROGRAMS
30 5.1 ELIGIBILITY FOR BENEFITS
An associate’s eligibility to participate in the benefits programs is determined by the following classifications:
Full-time associates who are regularly scheduled to work hours per week are eligible for full organization benefits.
Part-time associates who are regularly scheduled to work less than hours per week are eligible for a modified benefits package.
Temporary [Seasonal] full-time or part-time associates are not eligible for benefits unless they meet the eligibility requirements for the 401(k) Retirement Savings Plan [or the Retirement Plan].
(Organization Name) pays a significant portion of the costs of these benefits for associates. Associate contributions will be deducted from their paychecks on a pre-tax basis. (You can only do this if you are set up for an IRS Section 125 Plan). Associates will pay no Federal or Social Security taxes on this amount.
5.2 HEALTH AND WELFARE BENEFITS
Once associates have met the appropriate eligibility requirements, they may be eligible to participate in the plans described below. This is merely a summary. More detailed information about the health plan can be found in the Plan Documents maintained by the HR Manager and in the summary plan descriptions (SPD). SPD’s are the official documents regarding associate benefits plans and supersede all references to associate benefits in this handbook.
(Use only the health and welfare benefits that you offer)
Medical Insurance After days of continuous employment
Dental Insurance After days of continuous employment
Prescription Drug Insurance After days of continuous employment
31 Life Insurance After days of continuous employment
Long Term Disability After days of continuous employment
Short Term Disability After days of continuous employment
Dependent Life Insurance After days of continuous employment
Cancer Insurance After days of continuous employment
Flexible Reimbursement Account After days of continuous employment
Child Care Reimbursement Account After days of continuous employment
Associate Assistance Program First day of employment
Retirement Plan January or July after 6 months of employment
401(k) Plan January or July after 6 months of employment
5.3 401(K) RETIREMENT SAVINGS PLAN
(Organization Name) provides each eligible associate the opportunity to participate in a 401(k) retirement plan administered by a registered third party administrator. A 401(k) plan allows associates to make contributions to their own retirement account. Associate contributions are not subject to federal and state taxes and may grow tax deferred until paid out, when they will be taxable as ordinary income. All associate contributions are 100% vested. Associates can contribute from 1% to % of their gross pay through payroll deduction up to the annual maximum. The deduction and annual maximum figures are based on federal regulations. (Organization Name) may make discretionary contributions to the plan each year. These discretionary contributions are allocated to each eligible participant’s account based on his/her compensation. These contributions are subject to a vesting schedule as follows:
32 Years of Vesting Service % Vested Less than 2 Years _____ % 2 Years _____ % 3 Years _____ % 4 Years _____ % 5 Years _____ %
All associates of (Organization Name) who have worked at least six (6) months and are at least 21 years old may make contributions to the 401(k) plan. In order to receive vesting credit for any year worked, the associate must have worked at least 1,000 hours during that year. Associates may only enter the plan on January 1 or July 1 after completing the eligibility requirement.
Detailed information concerning the plan is available from Human Resources. (Organization Name) will provide periodic briefings with a representative of the third-party administrator.
5.4 RETIREMENT PLAN
(Organization Name) also provides a retirement plan to eligible associates. This plan is fully funded by the organization. All associates become eligible for the Retirement Plan after completion of six (6) months of continuous service prior to either of two entry dates. These two entry dates are January 1 and July 1.
5.5 ASSOCIATE ASSISTANCE PROGRAM
The Associate Assistance Program (EAP) was established to provide professional, confidential assistance for any type of personal problem. This program is designed to encourage early intervention and awareness of such problems and to offer help at the earliest opportunity. Associates are responsible for their performance and for taking constructive action to resolve any personal problems that affect or threaten to affect their on-the- job behavior. Supervisors are responsible for remaining alert to all instances of substandard work performance and bringing these instances to the attention of the associate, along with an offer of assistance, at the earliest indication of a recurrent problem.
Utilization of the EAP is on a voluntary basis, regardless of whether an associate is referred by a member of management. The decision to seek or accept assistance through EAP will not adversely affect an associate’s job security or advancement opportunities. However, participation in the EAP in 33 no way relieves the associate of the responsibility to meet acceptable work performance and attendance standards.
All full-time and part-time associates, members of the associate’s household, and benefit-eligible dependents are eligible to receive assistance through the EAP. The EAP will not reveal any information the individual discloses to the EAP except in the following circumstances:
the associate consents in writing;
the law requires disclosure; or
it is believed that life or safety is threatened by nondisclosure.
5.6 CONTINUATION OF HEALTH PLAN COVERAGE (COBRA)
Under the Consolidated Omnibus Budget Reconciliation Act, better known as COBRA, an associate who terminates employment with (Organization Name) or has a reduction in hours (that brings them below the minimum requirement for health insurance) and who has participated in the organization’s group health plan is entitled to continue participating in the group health plan for a prescribed period of time, usually 18 months. COBRA coverage is not extended to associates terminated for gross misconduct.
If a former associate chooses to continue group benefits under COBRA, he/she must pay the total applicable premium plus a 2% administrative fee as allowed by law. Coverage will cease if the former associate fails to make the premium payments as scheduled, becomes covered by another group plan that does not exclude pre-existing conditions or becomes eligible for Medicare.
Associates must notify Human Resources within 30 days of any qualifying event that would trigger COBRA eligibility for a spouse or dependent such as divorce or change in status of a dependent child.
Additional information on how employment separation will affect benefits, including information on COBRA health coverage, is available from the Human Resources Office.
If an associate elects not to participate in the group health plan at (Organization Name), the associate will not be entitled to COBRA continuation.
34 5.7 WORKERS’ COMPENSATION
(Organization Name) provides a comprehensive workers’ compensation program at no cost to associates. This program covers most injuries or illnesses sustained in the course and zone of employment that require medical, surgical or hospital treatment. Subject to applicable legal requirements, workers’ compensation insurance provides benefits after a short waiting period or, if the associate is hospitalized, immediately.
35 SECTION 6: TIME OFF AND LEAVES OF ABSENCE
36 6.1 VACATION
Vacation time off with pay is available to eligible associates to provide opportunities for rest, relaxation and personal pursuits. Full-time associates are eligible to earn and use vacation time as described herein.
Years of service determine an associate’s eligibility for vacation time and such service time is based upon the number of anniversary years an associate has begun. An anniversary year starts the day you were employed at (Organization Name) and ends one year from that date. The first anniversary year must be completed before an associate is eligible to take any vacation.
Years of Service Vacation Entitlement 1 Year _____ Days ___ Years _____ Days ___ Years _____ Days _____ Years & Over _____ Days
To take vacation, associates should request advance approval from his or her supervisor and management. Requests will be reviewed based on a number of factors, including business needs and staffing requirements.
Split vacations are permissible if scheduling allows, however, requests for vacation in increments of less than one (1) week at a time create work scheduling problems and will not be routinely approved.
Upon termination of employment, associates will be paid for all unused vacation time that has been earned through the last day of work, whether the termination was voluntary (resignation or retirement) or involuntary (discharge). 6.2 HOLIDAYS
(Organization Name) will recognize the following days as paid holidays:
New Year’s Day
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day 37 [List other paid holidays your organization observes]
All [full-time] associates are eligible for eight (8) hours of holiday pay beginning with their first day of employment. To be paid for a holiday, associates must work their last scheduled workday before and after the holiday. Holidays occurring during the associate’s scheduled vacation [PTO] time are treated as holidays and are not counted as vacation [PTO] days. If a holiday falls on a non-scheduled workday, the workday preceding or following the holiday normally will be observed.
If a non-exempt associate is required to work on a scheduled holiday, the associate will be paid holiday pay plus one and one-half times the regular rate of pay for each hour worked.
6.3 SICK LEAVE
After ( 0) days of continuous service, regular, full-time associates accrue paid sick leave, which may be used when absence from work is necessary due to an associate’s own illness/injury. Sick leave may only be used if the associate is unable to work due to illness or injury.
Associates accrue sick leave at the rate of hours each payroll period. A maximum of ___(__) days per year may be accrued. Sick leave will not accrue for any payroll period during which an associate is absent for more than six (6) working days, except for absences during which the associate is being paid for accrued vacation time, sick time and holidays. Sick pay due will be computed based on the associate’s regular hourly rate.
Sick leave should be regarded as for illness or injury and not as extra days off from work. It must be approved by the Facility Manager, and certification from a physician on proof of illness must be submitted if requested. Any accumulated sick leave is not payable upon termination and sick leave may not be counted as hours worked toward the computation of overtime.
When an illness exceeds two (2) consecutive workdays, associates will always be required to furnish medical certification detailing the duration of the illness and the health care provider’s diagnosis and prognosis. If associates do not have sufficient sick leave to cover the absence, they will be subject to corrective action, up to and including termination for attendance infractions, regardless of whether or not a medical certification is furnished, unless such an absence is exempted from disciplinary action by law.
38 6.4 PERSONAL LEAVE TIME
There may be a rare occasion when an associate is faced with an emergency or special circumstance and needs to take an unpaid personal leave of absence. The associate’s supervisor, in conjunction with Human Resources, may grant a personal leave of absence without pay. Each request for a leave of absence will be evaluated on an individual basis, taking onto consideration length of service, work record, staffing needs and reason and length of the leave. To qualify for a personal leave of absence, the associate must be classified as a full-time associate and must have completed at least months of full-time service at the time of the request.
Associates may apply for a personal leave of absence by submitting the proper paperwork to their supervisor at least two weeks prior to the start date of the leave requested, describing the nature of the leave, the dates the associate expects to be away from work and the date the associate intends to return. If the leave is an emergency the two-week requirement may be waived by Human Resources.
Generally, a personal leave of absence shall not exceed two (2) calendar weeks. A longer personal leave of absence may be granted only under extreme circumstances. Failure to report back to work on the first day after expiration of the leave of absence will be considered a voluntarily termination of employment.
Associates who are granted personal leaves of absence are expected to exhaust any paid time off they have accrued before their leave status changes from paid to unpaid. Unless required by applicable law, associates will not accrue additional paid time off while on unpaid leave of absence.
If an associate is granted and takes a personal leave of absence, his/her other benefits may be affected. The organization cannot guarantee associates their original position or an equivalent position will be available when they return.
6.5 MATERNITY LEAVE
Expectant mothers who are not eligible for leave under FMLA, will be granted up to six (6) weeks of unpaid maternity leave for normal delivery or eight (8) weeks for Caesarean delivery. Absent an undue hardship, reasonable accommodations will be granted for expectant mothers who suffer a pregnancy-related disability pre- or post-delivery.
39 During maternity leave, the associate will be expected to use her paid sick time concurrent with the leave days. When that is exhausted, the associate may apply for Short Term Disability (STD) according to the company’s STD plan.
6.6 FAMILY MEDICAL LEAVE ACT
Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid job- protected leave to eligible associates for the following reasons:
for incapacity due to pregnancy, prenatal medical care or child birth; to care for the associate’s child after birth, or placement for adoption or foster care; to care for the associate’s spouse (as defined based on “place of celebration”), son, daughter, or parent, who has a serious health condition; or for a serious health condition that makes the associate unable to perform the associate’s job.
Military Family Leave Entitlements
Eligible associates whose spouse, son, daughter or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible associates to take up to 26 weeks of leave to care for a covered service – (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retirement list, for a serious injury or illness*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible associate takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation or therapy for a serious injury or illness.*
40 *The FMLA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA definition of “serious health condition”.
Benefits and Protections
During FMLA leave, the employer must maintain the associate’s health coverage under any “group health plan” on the same terms as if the associate had continued to work. Upon return from FMLA leave, most associates must be restored to their original or equivalent positions with the equivalent pay, benefits, and other employment terms.
Use of FMLA leave cannot result in the loss of any employment benefits that accrued prior to the start of an associate’s leave.
Eligibility Requirements
Associates are eligible if they have worked for a covered employer for at least 12 months, have 1,250 hours of service in the previous 12 months, and if at least 50 associates are employed by the employer within 75 miles.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the associate from performing the functions of the associate’s job, or prevents the qualified family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment or incapacity due to pregnancy or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Use of Leave
An associate does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Associates must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s 41 operations. Leaves due to qualifying exigencies may also be taken on an intermittent basis.
Substitution for Paid Leave for Unpaid Leave
Associates may choose or employers may require use of accrued paid leave while taking FMLA leave. [PLEASE SPECIFY IF ANY OR ALL ACCRUED PAID TIME MUST BE USED PRIOR TO UNPAID FMLA]
Method for Measuring FMLA “12-Month Period”
The Company measures FMLA on a [PLEASE SPECIFY THE MEDTHOD OF CALCULATING LEAVE: (1) A CALENDAR YEAR, (2) ANY FIXED 12-MONTH PERIOD, I.E., ANNIVERSARY DATE OR FISCAL YEAR, (3) ROLLING 12- MONTH PERIOD MEASURED FORWARD OR (4) ROLLING 12-MONTH PERIDOD MEASURED BACKWARDS]
Associate Responsibilities
Associates must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the associate must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.
Associates must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the associate is unable to perform the job functions; the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider or circumstances supporting the need for military family leave. Associates must also inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Associates also may be required to provide a certification and periodic recertification supporting the need for leave.
Employer Responsibilities
Covered employers must inform associates requesting leave whether they are eligible under FMLA. If they are, the notice must specific any additional information required as well as the associates’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.
Covered employers must inform associates if l eave will be designated as FMLA-protected and the amount of leave counted against the associate’s
42 leave entitlement. If the employer determines that the leave is not FMLA- protected, the employer must notify the associate.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
interfere with, restrain, or deny the exercise of any right provided under FMLA; and discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under FMLA or relating to FMLA.
Enforcement
Any associate may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.
FMLA does not affect any Federal or State law prohibiting discrimination or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.
6.7 MEDICAL LEAVE OF ABSENCE
Any associate who requires a medical leave of absence and has exhausted or is otherwise ineligible for FMLA leave, may seek a medical leave as reasonable accommodation under the Americans with Disabilities Act. The request for leave will be considered along with other suitable alternatives, if applicable. The Company will make effort to grant the undue reasonable accommodation unless it creates an undue hardship. In evaluating such request, the Company will engage in interactive dialogue with the requesting associate.
Associates who require consideration for such leave should notify Human Resources and obtain the necessary medical certification form.
6.8 MILITARY LEAVE
A military leave of absence will be granted by (Organization Name) to associates who are absent from work because of service in the United States uniformed services in accordance with the Uniformed Services Employment
43 and Reemployment Rights Act (USERRA). Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable.
Requests must be in writing. Associates should contact the HR Manager for the appropriate form.
Continuation of health insurance benefits is available as required by USERRA based on the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which the associate is otherwise eligible.
Associates on military leave for up to 30 days are required to return to work for the first regularly scheduled shift after the end of service, allowing reasonable travel time. Associates on longer military leave must apply for reinstatement in accordance with USERRA and all applicable state laws.
Associates returning from military leave will be placed in the position they would have attained had they remained continually employed or a comparable one depending on the length of military service in accordance with USERRA. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service.
Contact the HR Manager for more information or questions about military leave.
6.9 BEREAVEMENT LEAVE
(Organization Name) recognizes the need for time away from work for funeral preparation and funeral attendance in instances of deaths in the immediate family. Should a death occur in the immediate family of any regular, full-time associate, he or she will be granted three (3) days off with pay at their regular rate of eight (8) hours, excluding gratuities, provided that the associate attends the funeral and/or is involved in funeral preparation. Time off without pay or vacation days may be granted to attend the funerals of other close relatives, in-laws or friends upon approval of the associate’s supervisor.
Immediate family shall be defined as spouse, father, mother, child, brother, sister, grandparents, grandchild or parents-in-law.
(Organization Name) can request all pertinent information including the deceased relative’s name, the name and address of the funeral home, and the date of the funeral.
44 6.10 JURY DUTY/WITNESS SERVICE
Full-time, part-time, or temporary associates called to serve on a jury or to testify as a voluntary witness at the request of (Organization Name), by subpoena or otherwise, will be paid for the day or days in which the court requires attendance. If associates are subpoenaed to appear in court as witnesses, but not at the request of the organization, they will be excused from work in order to comply with the subpoena but will not be paid for the time.
Associates must present any summons to their supervisor on the first working day after receiving the notice. If an associate is not required to serve on a day he/she is normally scheduled to work or if the associate is excused before serving three (3) hours of jury duty, he/she is expected to report to work.
Associates may keep any compensation they are paid for jury duty or witness service. They will be paid their straight time base rate of pay for all hours missed due to jury duty or witness service on behalf of the organization in addition to any compensation received from the court.
45 SECTION 7: ASSOCIATE CONDUCT & CORRECTIVE ACTION
46 7.1 ATTENDANCE AND PUNCTUALITY
At (Organization Name) we recognize the need for associates to be absent from work due to illness or the need to take care of personal business during the normal workday. We instituted sick leave and paid vacation to provide for these needs as they arise. Associates may also qualify for a leave of absence for their own major illness, the major illness of a family member, the birth or adoption of a child, a workers’ compensation injury, or military and/or guard duty. Having provided for these situations, it is important to remember that excessive absenteeism, tardiness, and/or leaving early causes other associates within the organization to have to bear the burden of filling in for the absent associate.
Associates who are not on an approved leave of absence and are absent from work without sufficient paid leave to cover that absence will be addressed through the normal corrective action process.
The following corrective action steps may be used to address attendance- related problems:
First Incident Verbal Warning with Documentation to File
Second Incident First Written Warning about Attendance Problem
Third Incident Final Written Warning
Fourth Incident Termination for Excessive Absenteeism
Consecutive days of absence for the same reason are deemed to be one incident. If the associate is absent for more than two (2) consecutive days, he/she must bring a health care provider’s certification of the absence for those days to be counted as one incident.
If at any time an associate corrects his or her excessive absence problem and has no unexcused absences during a six-month period, corrective action, if it becomes necessary again, will not accelerate to the next step in the process but will repeat the last step taken.
If an associate who has been with the organization for less than 90 working days has an unexcused absence, he/she she will be issued a Final Warning for that absence. If an unexcused absence occurs again within his or her first 90 days of employment, the associate will be terminated. If a new associate has no further incidents during his/her first 90 work days of employment, 47 the Final Written Warning will be rescinded and treated as a Verbal Warning with Documentation to File for any further corrective action required for excessive absences.
Periodically, special circumstances may occur that warrant an associate being excused from work without sufficient paid time to cover the absence (example, highly contagious illness). To ensure fairness throughout the organization, these types of requests require the approval of the (title of the appropriate senior official).
Occasionally an associate will exhibit a pattern of absenteeism that must be corrected, despite having sufficient paid time to cover such absence (example, consistently missing a specific day of the week or the day before or after a holiday or scheduled vacation). Such cases will be reviewed with the HR Manager before issuing any corrective action.
Associates who are going to be absent, tardy, or leaving early from work are responsible for notifying their supervisors as soon as possible, but at least one hour before their scheduled arrival time or at least one hour prior to leaving early, absent extenuating circumstances that make it impracticable to comply with this call off procedure. Associates who fail to comply with this procedure will be subject to disciplinary action, up to and including termination.
7.2 DRUG FREE WORKPLACE AND SUBSTANCE ABUSE
The use of illegal drugs and alcohol, and the abuse of legal prescription pharmaceuticals, account for tremendous losses in efficiency, productivity, safety and pose a significant safety risk. For these reasons, (Organization Name) has adopted a zero tolerance drug and alcohol policy. With this policy, it is the intention of the company to use every lawful means to establish and maintain a drug and alcohol free workplace.
Illegal drugs are substances that are controlled or outlawed, are not obtainable by lawful methods, or are legally obtainable but were not obtained in a lawful manner.
This policy prohibits the use, sale, manufacture, distribution or possession of alcohol or illegal drugs, drug paraphernalia or any combination thereof, on any company premises or at any location where the associate is performing his/her job duties. This includes company vehicles on or off company premises. Violation of this policy will subject the associate to disciplinary action up to and including immediate discharge, and may have legal consequences.
48 Organization Name) shall have the right to require any associate to submit to drug and/or alcohol testing under the following circumstances:
1. Prehire - As part of our pre-hire screening procedures. 2. Post-Accident – Where the associate was involved in an accident that resulted in property damage or physical injury, requiring professional medical treatment beyond first aid, to any person. 3. Reasonable Suspicion – Upon the belief of management that the associate may have alcohol or illegal drugs in his system while at work or while performing his job duties away from the workplace. 4. Post-Leave – As a matter of standard practice when the associate has been absent from the workplace on any form of leave for 60 or more days.
This list is not meant to limit the circumstances under which a drug or alcohol test may be required. (Organization Name) can test for the presence of alcohol or illegal drugs for other lawful purposes.
For purposes of this policy, a positive or failure of a drug or alcohol test shall consist of the presence of any detectable amount of an illegal drug or alcohol in the associate’s system when tested. Similarly, refusal to submit to a drug or alcohol test when requested by the company, the failure to provide a specimen within a reasonable time period, or any attempt to interfere with the test or alter the sample, also constitutes failure of the test and will result in a candidate being removed from the applicant pool, and will make an associate subject to discipline up to and including discharge.
If an associate is using medication prescribed by a licensed physician, he is responsible for obtaining assurances from that physician that the medication will not impair the associate’s judgment or ability to safely and efficiently perform his job duties.
Any associate who knows or believes that there is unlawful involvement by other associates, vendors or guests with illegal drugs or alcohol contrary to this policy, should immediately refer this information to his/her supervisor or to the HR Manager. (Organization Name) will utilize all lawful investigative techniques in response to this information. Evidence obtained by the company of the unlawful use, manufacture, trafficking, distribution or possession of controlled substances will be provided to the appropriate law enforcement authorities.
Associates must notify Human Resources when taking prescribed medication that actually or may impair their ability to safely and efficiently perform their job duties.
49 This policy is not meant to prohibit the consumption of alcohol when and where it is specifically authorized by management as part of a company function.
This policy does not limit the right of the company to invoke disciplinary action for any unauthorized activity not enumerated above.
7.3 CONDUCT RULES
(Organization Name) has established certain minimum standards of conduct that promote efficiency, productivity and cooperation among associates. For this reason, it may be helpful to identify some examples of conduct that are impermissible and that may lead to disciplinary action up to and including immediate termination. Associates are expected to observe these standards during the course and scope of employment, while at work or representing the company remotely and at company-sponsored events.
The following list of rules is not intended to be all-inclusive; rather the list identifies some of the more significant examples of the type of behavior that is unacceptable. Corrective or disciplinary action for violation of the Company rules will be administered based on the seriousness of the infraction, up to and including immediate termination of employment. Notices may be given for the first or second offenses, in some instances.
Examples of misconduct include:
Refusal to adhere to any policy listed elsewhere in this Handbook;
Falsification of company documents and/or records;
Failing to satisfy attendance and punctuality requirements;
Performing duties and operating equipment in an unsafe manner and thereby jeopardizing the safety of the yourself, co-workers and others;
Failing to carry out duties and/or to follow the reasonable instructions or requests from supervisors and/or management;
Posting any literature, handbills, petitions, posters or other materials on the premises without the prior approval of Human Resources;
Soliciting funds or selling any item, commodity or service;
50 Possessing weapons, dangerous devices or unauthorized materials on the premises, including, but not limited to, firearms, explosives, or other similar items;
Engaging in any form of discrimination and/or harassment, regardless of whether it is sexual, racial, religious or related to another’s gender, age, sexual orientation, disability or veteran status;
Misuse, appropriation or destruction of company property, another associate’s property or the property of anyone else on the Company’s premise, including, but not limited, electronic devices;
Theft or the unauthorized removal or possession of property belonging to the Company, fellow associates, customers or anyone else on Company property;
Releasing confidential information or proprietary information about the Company or its customers, suppliers or associates;
Sleeping while on the job;
Possessing, distributing, selling, using or being under the influence of alcoholic beverages or illegal drugs while on Company property, while on duty and while operating a vehicle leased, rented or owned by the Company or used while conducting company business.
Failing to notify the Company about prescription medication that could affect performance on the job;
Failing to pass a mandatory drug and/or alcohol test or refusing to take a drug and/or alcohol test or failing to provide a specimen for a drug and/or alcohol test within a reasonable timeframe;
Engaging in physical violence, threatening violence, provoking, intimidating or coercing fellow associates to retaliate or respond at any time during working hours, via social media or at organization- sponsored functions;
Unsatisfactory job performance;
Frequent or excessive damage to merchandise, equipment or facilities; frequent or excessive errors; incidents leading to claims;
51 Inappropriate behavior on social media that directly and negatively affects the workplace and is not for purposes of protected concerted activity and mutual aid;
Proven acts of dishonesty;
Failure to cooperate in an internal investigation;
Demonstrated lack of professionalism.
Failure to observe the above standards will lead to corrective or disciplinary action, up to and including termination.
7.4 CORRECTIVE ACTION
The operation of a business or organization requires certain standards of behavior. They serve to guide us in our work-related performance, conduct and responsibilities. Corrective action, or discipline, procedures are a necessary measures to address unsatisfactory conduct or performance, or for violations of (Organization Name)’s policies, procedures and rules and regulations.
An objective of any corrective action is to formally place an associate on notice of a workplace concern that must be immediately addressed and not reoccur in the future.
This Handbook includes some examples of misconduct that may result in disciplinary action up to, and including, termination due to the seriousness of the infraction. Violation of other policies, practices, standards or procedures, whether related to performance or conduct and whether set forth in this Handbook or elsewhere, shall also lead to corrective action but of a more traditional manner with verbal, written and/or final warnings before termination of employment results. It is within (Organization Name)’s sole discretion to determine the appropriate action, corrective or otherwise, in any given situation.
7.5 DRESS CODE
Business casual is acceptable attire for office associates. Some situations may call for business attire and associates are encouraged to use business sense with choice of clothing and representation of the Company. Associates meeting with customers should wear appropriate business attire.
52 Associates working in plant or shop areas, including maintenance, warehousing, or shipping, may wear blue jeans and T-shirts. No shoes may be worn in these areas that do not have hard soles with firm uppers.
Uniforms are provided for those associates whose job requires the wearing of one. Uniformed associates must wear neat and clean uniforms at all times.
For all associates, professional appearance also means that the organization expects you to maintain good hygiene and grooming while working. Rings through the nose, eyebrow, tongue or body parts (other than the ear lobe) visible to the public may not be worn while working directly with the public, customers, or if it poses a safety risk. All tattoos must be small in size or covered at all times when interacting with the public and/or customers and may not be inappropriate in wording or visual content. Inappropriate body are must be covered at all times.
Clothing and accessories must not constitute a safety hazard. All associates must practice common sense rules of neatness, good taste and appropriateness. Provocative dress is prohibited. (Organization Name) can and will determine appropriateness of dress at all times and in all circumstances and may send associates home, without pay, to change clothes should it be determined that their dress is not appropriate.
7.6 RESIGNING EMPLOYMENT BY NO CALL/NO SHOW
Associates who fail to call off or show up for work for three (3) consecutive scheduled work days will be considered to have voluntarily terminated their employment.
7.7 LEAVING THE ORGANIZATION
Associates are employed at-will. This means the associate may voluntarily resign his or her position with or without notice or reason. This also means that the associate’s employment may end involuntarily base on the Company’s decision.
In the event of a voluntary resignation, although not required, as a professional courtesy, the associate is expected to give at least two (2) weeks’ notice so that a smooth transition may occur in filling the vacated position.
53 An associate who terminates employment voluntarily or involuntarily will be paid for any accrued but unused vacation.
When associates leave (Organization Name) they may be asked to participate in an exit interview. The primary purpose of the exit interview is to ask for valuable feedback about associates’ work experiences at (Organization Name). Participation in such exit interviews is strictly voluntary.
54 ASSOCIATE HANDBOOKACKNOWLEDGMENT RECEIPT
This is to acknowledge that I have received a copy of the (Organization Name) Associate Handbook and understand that it contains important information on general personnel policies and on my privileges and obligations as an associate. I acknowledge that I am expected to read, understand and adhere to these policies and I will familiarize myself with the material in the handbook.
I further understand that this Handbook constitutes neither an express or implied contract of employment and may be amended or modified in writing by authorized management personnel at any time, with or without prior notice.
I also understand that my employment is entered into voluntarily and I am free to resign at any time. Similarly, (Organization Name) is free to terminate my employment at any time for any reason.
I recognize and acknowledge that neither (Organization Name) nor I have entered into any contract of employment, express or implied.
This handbook replaces all previous policy guides, manuals and handbooks.
______Associate’s Signature Date
______Associate’s Name (please print)
55