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GENERAL EMPLOYMENT POLICIES & GUIDELINES
LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 2
TABLE OF CONTENTS PAGE LPVEC OPERATIONS Letter from Executive Director...... 4 Purpose of Handbook...... 5 About the LPVEC...... 5 Policy Goals & Expectations...... 6 Communications to Board of Directors...... 6 EMPLOYMENT POLICIES Introductory Period...... 7 Criminal Background Information...... 7 Criminal Offender Record Information (CORI)...... 7 Statewide Applicant Fingerprint Identification Services (SAFIS)...... 9 Ethics / Conflict of Interest...... 11 Equal Employment Opportunity...... 13 Discrimination & Sexual Harassment...... 14 Whistleblower Policy...... 17 Bullying Prevention and Intervention...... 18 Mandated Reporter Obligation...... 33 Drug-Free Work Place, Schools and Communities...... 33 Alcohol-Free and Drug-Free...... 35 Testing for Drugs and Alcohol...... 37 Zero Tolerance...... 37 No Smoking...... 41 Workplace Searches...... 42 Employee Conviction/Disposition Report...... 43 GENERAL WORKPLACE POLICIES Confidentiality...... 45 Dress Code...... 45 Personal Conduct...... 45 Violence in the Workplace...... 46 Job Descriptions...... 47 Fitness for Duty...... 47 Employee Immunizations & Work Exclusion...... 48 Asbestos Hazard Emergency Response...... 49 Workers Compensation and Safety Program...... 49 Anti-Theft...... 50 Solicitation and Distribution...... 50 Bulletin Board...... 51 Private Business Activities...... 51 Political Activities...... 52 Internet Use...... 52 Personnel File...... 53 Corrective Action Guidelines...... 53 Complaint Resolution Procedure...... 54 Rehire...... 54 COMPENSATION POLICIES Employee Classifications and Categories...... 56 Calculation of Pay...... 57 Prorated Salaries...... 68 Payment of Salary...... 68 Safe Harbor...... 69 Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 3 Mileage Allowance and Travel Permission...... 60 School and Personal Property Replacement/Reimbursement...... 60
TABLE OF CONTENTS PAGE ATTENDANCE POLICIES Calendar...... 61 Staff Presence...... 61 Accrued Leave with Pay...... 61 Clarification of Absences...... 61 Absence Call-In Procedure...... 62 Employee Request for Leave Form...... 63 Sick Time...... 63 Family Illness...... 63 Personal Days...... 64 Religious Holidays...... 64 Bereavement...... 64 Jury Duty...... 64 Court Leave...... 64 Vacation Time (12-month Employees)...... 65 Holidays...... 65 Snow Days...... 65 LEAVE OF ABSENCE POLICIES Leave of Absence...... 66 Family and Medical Leave (FMLA)...... 67 Parental Leave...... 70 Domestic Leave...... 70 Military Leave...... 71 Small Necessities Leave Act...... 71 Peace Corps...... 71 Medical Leave...... 71 Compassionate Care Leave...... 72 Board Approved Unpaid Leave...... 73 BENEFITS Medical Insurance...... 74 Fitness Club Refund...... 74 Prescription Drug Program...... 74 Dental Insurance...... 74 COBRA...... 75 Health Benefits for Retirees...... 75 Health Benefits for Surviving Spouse/Family of Active Employee...... 75 Flexible Spending Account...... 76 Pre-Tax Health and Dental Premiums (Section 125 Plan)...... 76 Dependent Care Flexible Spending Account...... 76 Employee Assistance Program (EAP)...... 76 Professional Development Tuition Reimbursement...... 77 Tax-Sheltered Annuity Plans (403B)...... 77 Credit Union...... 77 Retirement...... 78 Direct Deposit...... 78 Life & Disability Insurance...... 78
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Auto and Home Owner’s Insurance Discount...... 78 Other LPVEC Discounts...... 78
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July 2015
Dear Faculty and Staff:
Welcome! We are honored you have chosen the Lower Pioneer Valley Educational Collaborative as your desired place of employment. Students are at the center of our member districts’ collaborative vision and mission, and we feel our students are best served by an informed and educated faculty and staff. In this spirit, we are provid - ing you with this handbook, which addresses the business and personnel features of our organization.
Employees should understand that we are governed by both federal and state laws on many issues and by state and LPVEC policy in others. It is each employee’s responsibility to be aware that these laws exist along with the policies, guidelines, and procedures established in the member district agreements, school procedures, and oth - er relevant sources.
The guidelines in this handbook are established to provide compliance with legal issues and to ensure consisten - cy in our efforts throughout the Collaborative. With this common understanding in place, we can devote the ma- jority of our time to helping our educators, staff and students succeed. In all cases, if you are not sure how to proceed in a particular situation, please seek advice from the Human Resources Department.
Please acknowledge your receipt of this handbook, and your intention to read and comply with its contents, by signing and returning the last page of the manual to the Human Resources Department. If you are an employee whose contract is being renewed for FY16, you are required to sign and return a salary notification that includes a statement about your requirement to follow the provisions within the handbooks provided to you.
Thank you for your service to our member districts and all our students. I look forward to working with you!
Sincerely,
Andrew M. Churchill
Andrew M. Churchill Executive Director
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LPVEC OPERATIONS
PURPOSE OF HANDBOOK Whether you have just joined our staff or have been at LPVEC for a while, we are confident that at LPVEC you will find a dynamic and rewarding place to work. We consider the employees of LPVEC to be one of its most valuable resources. The goal of this employee handbook is to familiarize you with the LPVEC personnel procedures and practices. The LPVEC reserves the right to change, add or delete any of the provisions in this handbook at any time. It is not intended to be comprehensive or to address all possible applications of, or exceptions to, the general policies and procedures described. For that reason, if you have any questions concerning eligibility for a particular benefit, or the application of a policy or practice, you should address your specific questions to your supervisor or to the Human Resources Department. Please read through the LPVEC handbook carefully. Violation or failure to comply with the standards and policies outlined in the General Employment Handbook will be grounds for corrective action up to and including termination. Unless you have a separate employment contract with the LPVEC, your employment with the LPVEC is on an at-will basis. This means that either you or the LPVEC may terminate the employment relationship at any time, with or without cause or notice. This handbook is not a contract of employment. This handbook confers no rights on employees nor does it create any obligations for the LPVEC. Each employee is responsible for observing the policies in this Handbook and any others that may be approved by the Board of Directors from time to time.
ABOUT THE LPVEC The Lower Pioneer Valley Educational Collaborative (LPVEC), organized in 1974, is a group of seven school districts legally bound in a collaborative governance structure under the provisions of Chapter 40, Section 4E, and Chapter 797 of the General Laws of the Commonwealth of Massachusetts. The primary purpose of the LPVEC is to expand the quality of education in the member school districts. The member school districts are: Agawam, East Longmeadow, Hampden-Wilbraham Regional, Longmeadow, Ludlow, Southwick-Tolland-Granville Regional, and West Springfield. The LPVEC is governed by a Board of Directors (School Committee) comprised of one representative from each of the member school committees. The LPVEC’s current budget is approximately $20 million and it employs approximately 380 staff. The LPVEC, while the second largest of the Massachusetts educational collaboratives, is the most multi- purpose. It conducts a greater variety of education related programs and services than do other collaboratives. While the foundation of the LPVEC remains the special educational and career/vocational technical education programs, the LPVEC is dedicated to assisting its member school districts in the development and operation of both efficient and cost-effective education-related services.
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 7 POLICY GOALS & EXPECTATIONS The LPVEC Board of Directors realizes the responsibility to the students and member districts they represent to ensure that the highest quality individuals are hired to meet the needs of the member districts. The Board also has the additional responsibility to articulate the expectations of the member districts relative to personnel. This must be done in the form of LPVEC policy. The Board recognizes that an efficient staff dedicated to consistently improving educational programs and services is necessary and strives to implement fair and effective policies and practices. Nothing in this handbook, however, should be construed as altering the employee-at-will relationship or creating an express or implied contract or promise concerning the policies or practices that LPVEC has implemented or will implement in the future. The LPVEC reserves the right to revise or cancel any policies in this Handbook, with or without notice. The LPVEC’s goals as an EMPLOYER include: Monitoring and complying with federal and state laws and regulations concerning employment law and employee safety. Accepting constructive suggestions, which relate to methods, procedures, working conditions, and the nature of the work performed. Establishing appropriate procedures for employees to discuss matters of interest or concern with their department heads. The LPVEC expects all EMPLOYEES to: Demonstrate a professional attitude toward fellow employees. Contribute to a positive work environment. Work productively each day. Adhere to the policies and procedures adopted by LPVEC.
COMMUNICATIONS TO BOARD OF DIRECTORS All communications or reports to the LPVEC Board of Directors or any of its subcommittees from directors, supervisors, teachers, or other staff members will be submitted through the Executive Director. This procedure does not deny the right of any employee to appeal to the Board for administrative decisions on important matters, except those that are outside the Board’s legal authority, provided that the Executive Director has been notified on the forth-coming appeal and that it is processed in accordance with the Board’s policy on complaints and grievances. Staff members are also reminded that Board meetings are public meetings. As such, they provide an excellent opportunity to observe firsthand the Board’s deliberations on issues of staff concern.
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EMPLOYMENT POLICIES
INTRODUCTORY PERIOD All newly-hired staff and all current staff assigned to a new position within the LPVEC are required to successfully complete a period of introductory employment in order that the employee and the LPVEC may evaluate the suitability of the employee for his/her new position. This policy applies to all regular full-time and part-time positions, except the position of Executive Director. The Introductory Period will consist of the first 90-days from date of hire for all new employees or from the date of transfer for any existing employee who changes jobs. During the Introductory Period, the LPVEC may dismiss a newly hired employee without advance notice or obligation. Newly-hired employees who are separated during the Introductory Period have no appeal rights under the LPVEC’s grievance procedure. If during the Introductory Period for existing employees who have been transferred to a new position, the employee’s supervisor feels the newly-assigned employee is not successfully filling the requirements of the new position or the employee is dissatisfied with the new position, the employee may be returned to his or her former position, if available, offered another position within the LPVEC, or subject to any other appropriate action under LPVEC personnel policies. Completion of the Introductory Period does not confer any additional rights on either newly-hired or newly-assigned employees. All employees of the LPVEC are at-will, regardless of their status, unless they are subject to an employment contract.
CRI MINAL BACKGROUND INFORMATION In order to protect children, the Commonwealth of Massachusetts, requires that LPVEC obtain criminal background information to determine the suitability of current and prospective employees. This information is obtained through two sources: the Criminal Offender Record Information (CORI) system, which stores information on Massachusetts criminal history; and the Statewide Applicant Fingerprint Identification Services (SAFIS) program, which conducts fingerprint-based background checks through the FBI’s national criminal history database.
As an employee of the LPVEC, you must consent to a CORI check, which will be repeated every three years. In addition, you will be required to make arrangements to have your fingerprints taken for SAFIS and the results provided to the Director of Human Resources. The cost of fingerprinting is $55 for employees licensed by the Department of Elementary and Secondary Education (DESE), regardless of the position held, and $35 for all other employees not licensed by DESE.
Your employment is conditioned upon a determination by LPVEC that based on the results of your criminal background history check that you are suitable for employment at LPVEC. Results of your state and national criminal history background checks could lead to termination of employment.
CRIMINAL OFFENDER RECORD INFORMATION (CORI) Pursuant to Ch. 385 of the Acts of 2002, the LPVEC acting through its Executive Director, shall obtain access to and shall obtain information from the Criminal Offender Record Information (CORI) for current and prospective employees, volunteers, consultants, school transportation providers, subcontractors providing services to LPVEC students, all potential employers of students in co-op, internship or cooperative education, and others who may have direct and unmonitored contact with children. CORI Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 9 checks must be complete prior to an individual beginning to perform their duties and must be obtained from the Criminal History Systems Board (CHSB) – the state agency authorized to provide CORI to certified agencies – at least every three (3) years during the individual’s term of employment or service with LPVEC. CORI checks will only be conducted as authorized by CHSB. Any individual who refuses to submit to a CORI check will not be hired and/or permitted to provide services pursuant to any LPVEC contract. Refusal to submit a CORI check, by any employee, will be cause for dismissal. If requested, the applicant will be provided with a copy of the CORI policy. The Executive Director or the certified designee will periodically obtain employee’s CORI reports. CORI is not subject to the public records laws and must be kept in a secure location, separate from personnel files and may be retained for not more than three years. CORI may be shared with the individual to whom it pertains, upon his or her request. In the event of an inaccurate report the individual should contact the CHSB. Recognizing the LPVEC is an extension of each of the member school districts and that the LPVEC routinely employs staff, consultants, and volunteers who may work or provide services in member schools and school districts, the LPVEC will therefore obtain the required CORI for all the classifications of individuals listed above. The results of these CORI checks may be shared with each member district with which that individual works or to which the individual provides services. If a criminal record is received from CHSB, the authorized individual will closely compare the record provided by CHSB with the information on the CORI request form and any other identifying information provided by the applicant, to ensure the record relates to the applicant. If the CORI record provided does not exactly match the identification information provided by the applicant, LPVEC will make a determination based on a comparison of the CORI record and documents provided by the applicant. The LPVEC may contact CHSB and request a detailed search consistent with CHSB policy. If the LPVEC reasonably believes the record belongs to the applicant and is accurate, based on the information provided in the previous paragraph, then the determination of suitability for the position will be made. An informed review of a criminal record requires adequate training. Accordingly, all personnel authorized to review a CORI in the decision-making process will be thoroughly familiar with the educational materials made available by CHSB. Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant. Rather, determinations of suitability based on CORI checks will be made consistent with the policy and any applicable law or regulations. The Executive Director will utilize the following criteria when evaluating criminal offender records to determine if a CORI check is a “negative report”, and thus would prevent the employee from continued employment, or employment, hiring and/or service to the LPVEC or its member districts: Relevance of the crime to the position sought The nature of the work to be performed Time since the conviction Age of the candidate at the time of the offense Seriousness and specific circumstances of the offense The number of offenses Whether the applicant has pending charges Any relevant evidence of rehabilitation or lack thereof Any other relevant information, including information submitted by the candidate or requested by the LPVEC If the LPVEC is inclined to make an adverse decision based on the results of the CORI check, the applicant will be notified immediately. The applicant shall be provided with a copy of the criminal record and the LPVEC’s CORI policy, advised of the part(s) of the record that make the individual unsuitable
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 10 for the position, and given the opportunity to dispute the accuracy and relevance of the CORI record. Applicants challenging the accuracy of the policy shall be provided a copy of CHSB’s Information Concerning the Process in Correcting a Criminal Record. The LPVEC will notify the applicant of the decision and the basis of the decision in a timely manner. During this period or until the report is corrected, the individual will not be allowed unmonitored access to children. Any individual adversely affected by either the CORI report or the action of the Executive Director may appeal that decision to the LPVEC Board of Directors, whose disposition shall be final. Any information obtained under this act shall not be disseminated for any purpose other than to further the protection of children. Questions with regard to this policy may be addressed to the Director of Human Resources at 735-2200.
STATEWIDE APPLICANT FINGERPRINT IDENTIFICATION SERVICES (SAFIS) This policy applies to any fingerprint-based state and national criminal history record check made for non-criminal justice purposes and requested under applicable federal authority and/or state statute authorizing such checks for licensing or employment purposes conducted. The Lower Pioneer Valley Educational Collaborative (LPVEC) will only conduct Criminal History Record Information (CHRI) checks where such checks are allowable by law and will follow these practices and procedures:
I. Requesting CHRI checks LPVEC will only conduct fingerprint-based CHRI checks as authorized by M.G.L. c. 71, §38R and 42 U.S.C. § 16962, in accordance with all applicable state and federal rules and regulations, and in compliance with M.G.L. c. 6, §§ 167-178 and 803 CMR §§ 2.00, et seq. If an applicant or employee is required to submit to a fingerprint-based state and national criminal history record check, he/she shall be informed of this requirement and instructed on how to comply with the law. Such instruction will include information on the procedure for submitting fingerprints. In addition, the applicant or employee will be provided with all information needed to successfully register for a fingerprinting. II. Access to CHRI All CHRI is subject to strict state and federal rules and regulations in addition to Massachusetts CORI laws and regulations. CHRI cannot be shared with any unauthorized entity for any purpose, including subsequent hiring determinations. III. Storage of CHRI CHRI shall only be stored for extended periods of time when needed for the integrity and/or utility of an individual’s personnel file. Administrative, technical, and physical safeguards, which are in compliance with the most recent CJIS Security Policy, have been implemented to ensure the security and confidentiality of CHRI. The CJIS Security Policy can be found here: http://www.mass.gov/eopss/law- enforce-and-cj/cjis/fbi-cjis-security-policy.html.
IV. Retention and Destruction of CHRI Federal law prohibits the repurposing or dissemination of CHRI beyond its initial requested purpose. Once an individual’s CHRI is received, it will be securely retained in internal agency documents for the following purposes only: Historical reference and/or comparison with future CHRI requests,
Dispute of the accuracy of the record
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Evidence for any subsequent proceedings based on information contained in the CHRI.
CHRI will be kept for the above purposes in the LPVEC Human Resources Department. When no longer needed, CHRI and any summary of CHRI data must be destroyed by shredding paper copies and/or by deleting all electronic copies from the electronic storage location, including any backup copies or files. The shredding of paper copies of CHRI by an outside vendor must be supervised by an employee of the LPVEC. IV. Determining Suitability In determining an individual’s suitability, the following factors will be considered: a. The nature and gravity of the crime and the underlying conduct
b. Time that has passed since the offense
c. Conviction and/or completion of the sentence
d. Nature of the position held or sought
e. Age of the individual at the time of the offense
f. Number of offenses
g. Any relevant evidence of rehabilitation or lack thereof
A record of the suitability determination will be retained. The following information will be included in the determination: a. The name and date of birth of the employee or applicant; b. The date on which the school employer received the national criminal history check re- sults; and, c. The suitability determination (either "suitable" or "unsuitable").
A copy of an individual’s suitability determination documentation must be provided to another school employer, or to the individual, upon request of the individual for whom the school employer conducted a suitability determination.
VI. Relying on Previous Suitability Determination LPVEC may choose to rely on a suitability determination, consistent with 603 CMR 51.06, made by another school employer based on relevant factors. Relevant factors include: a. The date of previous suitability determination
b. The type of organization that conducted the previous determination (public school district, private school)
c. The state of residence of subject of suitability determination
VII. Adverse Decisions Based on CHRI If inclined to make an adverse decision based on an individual’s CHRI, LPVEC will take the following steps prior to making a final adverse determination: Provide the individual with a copy of his/her CHRI used in making the adverse decision;
Provide the individual with a copy of this CHRI Policy;
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Provide the individual the opportunity to complete or challenge the accuracy of his/her CHRI; and
Provide the individual with information on the process for updating, changing, or correcting CHRI.
A final adverse decision based on an individual’s CHRI will not be made until the individual has been afforded a reasonable time depending on the particular circumstances (no more than 30 days) to correct or complete the CHRI.
VIII. Secondary Dissemination of CHRI If an individual’s CHRI is released to another authorized entity, a record of that dissemination must be made inthe secondary dissemination log. The secondary dissemination log is subject to audit by the DCJIS and the FBI. The following information will be recorded in the log: (1) Subject Name;
(2) Subject Date of Birth;
(3) Date and Time of the dissemination;
(4) Name of the individual to whom the information was provided;
(5) Name of the agency for which the requestor works;
(6) Contact information for the requestor; and
(7) The specific reason for the request.
IX. Reporting to Commissioner of Elementary and Secondary Education Pursuant to M.G.L. ch 71, § 71R and 603 CMR 51.07, if LPVEC dismisses, declines to renew the employment of, obtains the resignation of, or declines to hire a licensed educator or an applicant for a Massachusetts educator license because of information discovered through a state or national criminal record check, LPVEC shall report such decision or action to the Commissioner of Elementary and Secondary Education in writing within 30 days of the employer action or educator resignation. The report shall be in a form requested by the Department and shall include the reason for the action or resignation as well as a copy of the criminal record check results. LPVEC shall notify the employee or applicant that it has made a report pursuant to 603 CMR 51.07(1) to the Commissioner. Pursuant to M.G.L. ch 71, § 71R and 603 CMR 51.07, if LPVEC discovers information from a state or national criminal record check about a licensed educator or an applicant for a Massachusetts educator license that implicates grounds for license action pursuant to 603 CMR 7.15(8)(a), LPVEC shall report to the Commissioner in writing within 30 days of the discovery, regardless of whether LPVEC retains or hires the educator as an employee. The report must include a copy of the criminal record check results. The school employer shall notify the employee or applicant that it has made a report pursuant to 603 CMR 51.07(2) to the Commissioner and shall also send a copy of the criminal record check results to the employee or applicant.
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E THICS / CONFLICT OF INTEREST The State Ethics Commission requires LPVEC employees to abide by the Conflict of Interest Law. The State Ethics Commission is an independent, non-partisan state agency which provides advice and education on the requirements of the Conflict of Interest Law, G.L. c. 268A, and the Financial Disclosure Law, G.L. c. 268B, and civilly enforces these laws. State Ethics Commission One Ashburton Place, Room 619 Boston, MA 02108 Phone (617) 371-9500 Fax (617) 723-5851 www.mass.gov/ethics The conflict of interest law seeks to prevent conflicts between private interests and public duties, foster integrity in public service, and promote the public’s trust and confidence in that service by placing restrictions on what employees may do on the job, after hours, and after leaving public service. The following is a brief list of actions prohibited by the law. Detailed explanations can be located in the Summary of the Conflict of Interest Law for Municipal Employees, which has been provided to you.
On The Job Restrictions Bribes – A bribe is anything of value corruptly received by a public employee in exchange for the employee being influenced in his/her official actions. Giving, offering, receiving, or asking for a bribe is illegal. Gifts and Gratuities – Asking for or accepting a gift because of your official position, or because of something you can do or have done in your official position, is prohibited. Public employees may not accept gifts and gratuities valued at $50 or more given to influence their official actions or because of their official position. The Ethics Commission recently created an exemption to permit class gifts to teachers. A teacher may accept a gift or several gifts during the school year, from public school students and/or their parents and guardians, with an aggregated value up to $150, if the gift is identified only as being from the class and the identity of the givers and the individual amounts given are not identified to the recipient. A teacher may accept a class gift and also individual gifts from persons who did not contribute to the class gift. Individual gifts must be disclosed if, based on the specific circumstances, a reasonable person might think that the teacher’s actions would be influenced by the gift. Any questions about this exception should be directed to the State Ethics Commission at 617-371-9500. Misuse of Position – Using your official position to get something you are not entitled to, or get someone something they are not entitled to, is prohibited. Causing someone else to do things is also prohibited. Self-Dealing and Nepotism – Participating in a matter in which you, your immediate family, your business organization, or your future employer has a financial interest is prohibited. False Claims – Presenting a false claim to your employer for a payment or benefit is prohibited, and causing someone else to do so is also prohibited. Appearance of Conflict – Acting in a manner that would make a reasonable person think you can be improperly influenced is prohibited. A public employee should consider whether their relationships and affiliations could prevent him/her from acting fairly and
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objectively when he/she performs their duties for the LPVEC. Confidential Information – Improperly disclosing or personally using confidential information obtained through your job is prohibited. After-Hours Restrictions Second Job – Taking a second paid job that conflicts with the duties of your public duties is prohibited. Divided Loyalties – Receiving pay from anyone other than the city or town to work on a matter involving the LPVEC is prohibited. Acting as agent or attorney for anyone other than the LPVEC in a matter involving the LPVEC is also prohibited whether or not you are paid. Inside Track – Being paid by the LPVEC, directly or indirectly, under some second arrangement in addition to your job is prohibited, unless an exemption applies. One Year Cooling Off Period – For one year after you leave your LPVEC job you may not participate in any matter over which you had official responsibility during your last two years of public service. Violations of the conflict of interest law may result in corrective action up to and including termination. EQUAL EMPLOYMENT OPPORTUNITY I. Non-Discrimination in Employment The LPVEC is an Equal Opportunity Employer. The LPVEC does not discriminate against any person in regard to any term or condition or employment (including educational opportunities and affirmative action) on the basis of age (40 and above), criminal record (applications only), physical, mental, or psychiatric disability, race, color, religion, national origin, gender, ancestry, sexual orientation, the results of genetic testing, active military service, gender identity, or any other class of individuals protected from discrimination under state or federal law. Unlawful discrimination of employees occurring in the workplace or in other settings in which employees may find themselves in connection with their employment will not be tolerated by the LPVEC. Further, any retaliation against an individual who has formally or informally complained about discrimination or has cooperated with an investigation of a discrimination complaint is prohibited. To achieve our goal of providing a workplace free from discrimination, the conduct that is described in this policy will not be tolerated, and we will implement the procedure described below to address any potential inappropriate conduct. II. Discriminatory Harassment The LPVEC’s separate Harassment Policy details our commitment to a workplace free of any verbal or physical conduct which is unwelcome, severe or pervasive, and related to membership or perceived membership in a protected class. III. Reasonable Accommodation Employees who believe they are disabled as defined under state and/or federal law and who are seeking accommodation to allow them to perform the essential functions of their positions may contact the Director of Human Resources, 174 Brush Hill Avenue, West Springfield, MA, 01089, 413-735-2200. IV. Discrimination Complaints If any of our employees believes that he or she has been subjected to unlawful discrimination, the employee has the right to file a complaint with our organization. This may be done in writing or orally.
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 15 If you would like to file a complaint you may do so by contacting the Director of Human Resources, 174 Brush Hill Avenue, West Springfield, MA 01089, 413-735-2200. The Director of Human Resources is also available to discuss any concerns you may have, and to provide information to you about our Equal Employment Opportunity policy and our complaint process. Alternatively, employees may contact any of the LPVEC supervisors. V. Discrimination Investigation The LPVEC will promptly investigate the allegation in a fair and thorough manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. The investigation may include private interviews with the person filing the complaint, the person alleged to have committed the discrimination, and relevant witnesses. When we have completed our investigation, we will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of the investigation. If it is determined that inappropriate conduct has occurred, we will act promptly to eliminate the offending conduct, and where it is appropriate we will also impose corrective action. VI. Corrective Action If it is determined that discriminatory conduct has been committed by one of our employees, we will take action as is appropriate under the circumstances. Such action may include counseling, verbal or written warning, suspension, or termination.
VII. State and Federal Remedies In addition to the above, if you believe you have been subjected to unlawful discrimination, you may file a formal complaint with either or both of the government agencies set forth below. Using our complaint process does not prohibit you from filing a complaint with these agencies. Each of the agencies has a time period of 300 days for filing a claim. 1. The United States Equal Opportunity Commission (EEOC), One Congress Street, 10th Floor, Boston, MA 02114, (617) 565-3200. 2. The Massachusetts Commission Against Discrimination (MCAD), One Ashburton Place, Room 601, Boston, MA 02108, (617)994-6000 or Springfield Office: 424 Dwight Street, Room 220, Springfield, MA 01103, (413)739-2145 or Worcester Office: Worcester City Hall, 455 Main Street, Room 100, Worcester, MA 01608, (508) 799-8010.
DISCRIMINATION & SEXUAL HARASSMENT POLICY I. Introduction It is the goal of the LPVEC to promote a workplace that is free from discriminatory harassment of any type, including sexual harassment, or other victimization of any individual that is based on his/her membership in a protected class. Discriminatory harassment consists of unwelcome conduct, whether verbal or physical, that is based on a characteristic protected by law, such as gender, race, color, national origin, ancestry, religion, age, disability, genetics, military status, sexual orientation, gender identity, or participation in discrimination complaint-related activities (retaliation). The LPVEC will not tolerate unlawful harassing conduct that nterferes unreasonably with an individual’s performance, or that creates an intimidating, hostile, or offensive work environment. Harassment of employees that is based on the employee’s membership in a protected class and that occurs in the workplace, in connection with work-related travel and/or work-sponsored events will not be
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 16 tolerated. Further, any retaliation against an individual who has complained about unlawful harassment or retaliation against individuals for cooperating with an investigation of a harassment complaint is similarly unlawful and will not be tolerated. The LPVEC takes allegations of unlawful harassment seriously. We will respond promptly to such complaints. Where it is determined that inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including corrective action where appropriate. Please note that while this policy sets forth our goals of promoting a workplace that is free of harassment, the policy is not designed or intended to limit our authority to corrective action up to and including termination or to take remedial action for workplace conduct which we deem unacceptable, regardless of whether that conduct satisfies the legal definition of harassment. II. Definitions “Harassment” means unwelcome conduct, whether verbal or physical, that is based on a characteristic protected by law. Harassment includes, but is not limited to: 1. Display or circulation of written materials or pictures that are degrading to a person or group as previously described. 2. Verbal abuse, slurs, derogatory comments, or insults about, directed at, or made in the presence of an individual or group as previously described. “ Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment constitutes sexual harassment. The definition of sexual harassment is broad. In addition to the above examples, other unwelcome sexuality oriented conduct, whether intended or not, that has the effect of creating a work environment that is hostile, offensive, intimidating or humiliating to either male or female workers may also constitute sexual harassment. While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct which, if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness: Unwelcome sexual advances – whether they involve physical touching or not; Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life; comment on an individual’s body, comment about an individual’s sexual activity, deficiencies or prowess; Displaying sexually suggestive objects, pictures, cartoons;
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Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments; Inquiries into one’s sexual experiences; and, Discussion of one’s sexual activities. All employees should take special note that, as stated above, retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is unlawful and will not be tolerated by this organization. III. Complaint Procedures All employees, managers, and supervisors of LPVEC share responsibility for avoiding, discouraging and reporting any form of discriminatory harassment. The primary responsibility for ensuring proper investigation and resolution of harassment complaints rests with the Director of Human Resources or designee, who will administer the policy and procedures. If any of our employees believe that he or she has been subjected to discriminatory harassment, the employee has the right to file a complaint with our organization. This may be done in writing or orally. In addition, students, applicants, or other third parties who believe they have been subjected to discriminatory harassment may also file a complaint with our organization using the procedures described herein. Furthermore, employees may also file a complaint if they have been subjected to harassment from students, visitors, applicants, vendors, contractors, their agents and employees, or any other third parties in the workplace, while performing work-related duties, or during other work- related activities. Prompt reporting of harassment is in the best interest of our organization and is essential to a fair, timely, and thorough investigation. Accordingly, complaints should be filed as soon as possible following the incident(s) at issue. If you would like to file a complaint you may do so by contacting the Director of Human Resources, (413) 735-2200. The Director of Human Resources is also available to discuss any concerns you may have and to provide information to you about our policy on harassment and our complaint process. IV. Complaint Investigation When we receive the complaint, we will promptly investigate the allegation in a fair and expeditious manner to determine whether there has been a violation of our policy. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. Our investigation may include private interviews with the person filing the complaint and with witnesses. We will also interview the person alleged to have committed the harassment. The complainant, the person alleged to have committed the harassment, and all witnesses are required to fully cooperate with all aspects of an investigation. Attorneys are not permitted to be present or participate in the complaint investigation. When we have completed our investigation, we will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of that investigation. Notwithstanding any provision of this policy, we reserve the right to investigate and take action on our own initiative in response to behavior and conduct which may constitute harassment or otherwise be inappropriate, regardless of whether an actual complaint has been filed. V. Retaliation Unlawful discriminatory harassment of employees, including sexual harassment, occurring in the workplace or in other settings in which employees may find themselves in connection with their employment will not be tolerated by the LPVEC. Further, any retaliation against an individual who has formally or informally complained about discriminatory harassment, including sexual harassment, or has cooperated with an investigation of a discriminatory or sexual harassment complaint is prohibited. To
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 18 achieve our goal of providing a workplace free from discriminatory or sexual harassment, the conduct that is described in this policy will not be tolerated, and we will implement the procedure described below to address any potential inappropriate conduct. VI. Corrective Action If it is determined that inappropriate conduct has been committed by one of our employees, we will take such action as is appropriate under the circumstances. Such action may range from counseling to termination from employment, and may include such other forms of corrective action we deem appropriate under the circumstances. VII. State and Federal Remedies In addition to the above, if you believe you have been subjected to discriminatory harassment of any type, including sexual harassment, you may file a formal complaint with either or both of the government agencies set forth below. Using our complaint process does not prohibit you from filing a complaint with these agencies. Each of the agencies requires that claims be filed within 300 days from the alleged incident of when the complainant became aware of the incident. The United States Equal Employment Opportunity Commission (EEOC) One Congress Street, 10th Floor Boston, MA 02114 (617) 565-3200
The Massachusetts Commision Against Discrimination (MCAD) Boston Office: One Ashburton Place, Room 601 Boston, MA 02108 (617) 994-6000
New Bedford Office: 800 Purchase Street, Room 501 New Bedford, MA 02740 (508) 990-2390
Springfield Office: 424 Dwight Street, Room 220 Springfield, MA 01103 (413) 739-2145
Worcester Office: 22 Front Street, 5th Floor P.O. Box 8038 Worcester, MA 01641 (508) 799-6379
WHISTLEBLOWER POLICY LPVEC Code of Ethics and Conduct (Code) requires directors, officers and employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As employees and representatives of LPVEC, we must practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations. It is the responsibility of all directors, officers and employees to comply with the Code and to report violations or suspected Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 19 violations in accordance with this Whistleblower Policy. This Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns within the organization prior to seeking resolution outside the organization. If you suspect that an employee has violated the Code, please notify your supervisor or the Executive Director. REPORTING VIOLATIONS – In most cases, an employee’s supervisor is in the best position to address an area of concern. Supervisors and managers are required to report suspected violations of the Code of Conduct to the LPVEC’s Compliance Officer (Director of Human Resources at 413-735- 2200) who has specific and exclusive responsibility to investigate all reported violations. For suspected fraud, or when you are not satisfied or uncomfortable with following the Organization’s open door policy, individuals should contact the LPVEC’s Compliance Officer directly. COMPLIANCE OFFICER PROCEDURES – The LPVEC’s Compliance Officer is responsible for investigating and resolving all reported complaints and allegations concerning violations of the Code and, at her discretion, shall advise the Executive Director. Compliance Officer will notify the sender and acknowledge receipt of the reported violation or suspected violation within a reasonable time. All reports will be promptly investigated and appropriate corrective action will be taken if warranted by the investigation. Anyone filing a complaint concerning a violation or suspected violation of the Code must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation of the Code. Any allegations that prove not to be substantiated and which prove to have been made malicious or knowingly to be false will be viewed as a serious disciplinary offense. Employees who file complaints in good faith will not be subject to retaliation. CONFIDENTIALITY – Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation and any statutory obligations.
BULLYING PREVENTION AND INTERVENTION ~ PROMOTING STUDENT CIVIL RIGHTS AND PROHIBITING HARASSMENT, BULLYING, DISCRIMINATION, AND HATE CRIMES DIRECTED AT STUDENTS POLICY I. GOALS The LPVEC is committed to providing our students equal educational opportunities and a safe learning environment free from harassment, bullying, discrimination, and hate crimes, where all community members treat each other with respect and appreciate the rich diversity in our Collaborative. This Policy is an integral part of the LPVEC’s comprehensive efforts to promote learning, eliminate all forms of threatening, intimidating, violent, harmful, and disruptive behavior, and to enable students to achieve their personal and academic potential and become successful citizens in our increasingly diverse society. The LPVEC will not tolerate any unlawful or disruptive behavior, including any form of harassment, bullying, discrimination, or hate crimes directed towards students in our LPVEC programs or Collaborative-related activities. The LPVEC will promptly investigate all reports and complaints of harassment, bullying, discrimination, and hate crimes, and take prompt, effective action to end that behavior and prevent its reoccurrence. Action will include, where appropriate, referral to a law enforcement agency. The LPVEC will support this Policy in all aspects of its activities, including its curricula, instructional programs, staff development, extracurricular activities, and parental involvement. II. GENERAL STATEMENT OF POLICY
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The LPVEC prohibits all forms of bullying and harassment, discrimination, and hate crimes based on race, color, religion, national origin, ancestry, sex, sexual orientation, age, genetic information, gender identity, or disability. The civil rights of all LPVEC community members are guaranteed by law, and the protection of those rights is of utmost importance and priority to our Collaborative. The LPVEC also prohibits bullying and harassment of Collaborative community members for reasons unrelated to their race, color, religion, national origin, ancestry, sex, sexual orientation, age, genetic information, gender identity, or disability. The LPVEC will also not tolerate retaliation against persons who take action consistent with this Policy. A. APPLICATION This Policy applies to all sites and activities the LPVEC supervises, controls, or where it has jurisdiction under the law. It applies to all students, Board of Directors members, LPVEC employees, independent contractors, LPVEC volunteers, parents and legal guardians of students, and visitors to LPVEC where the conduct occurs on LPVEC premises or in LPVEC-related activities, including LPVEC-related transportation. This policy also applies to conduct outside of the LPVEC setting or LPVEC-related activities when the conduct may impact on the learning environment of LPVEC programs or a particular student. Nothing in this Policy, however, is designed or intended to limit the LPVEC’s authority to discipline or take remedial action under General Laws Chapter 71, §37H, or in response to threatening, intimidating, violent, harmful, or disruptive behavior, regardless of whether this Policy covers the conduct. B. DISCIPLINARY AND CORRECTIVE ACTION Violation of this Policy is a serious offense. Violators will be subject to appropriate disciplinary and/or corrective action to correct and end the conduct, prevent its reoccurrence, and protect the complainant and other similarly-situated individuals from bullying and harassment, discrimination, hate crimes, retaliation, in the future. C. DEFINITIONS The definitions of terms used in this Policy, including descriptions of conduct this Policy prohibits, appear in the "Glossary of Terms." III. RESPONSIBILITIES A. Each LPVEC Community Member is responsible for: 1. Complying with this Policy, where applicable; 2. Ensuring that (s)he does not harass, discriminate against, or commit a crime against another person on LPVEC grounds or in a LPVEC-related activity because of that person's race, color, religion, national origin, ancestry, sex, sexual orientation, age, genetic information, gender identity, or disability; 3. Ensuring that (s)he does not bully another person on LPVEC grounds or in a LPVEC-related activity; 4. Ensuring that (s)he does not bully another person off LPVEC premises when the bullying conduct may impact on the learning environment of LPVEC programs or a particular student. 5. Ensuring that (s)he does not retaliate against any other person for reporting or filing a complaint, for aiding or encouraging the filing of a report or complaint, or for cooperating in an investigation of harassment, bullying, discrimination, or a hate crime; and
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 21 6. Cooperating in the investigation of reports or complaints of harassment, bullying, discrimination, retaliation, or a hate crime. B. Each LPVEC Employee, Independent Contractor and LPVEC Volunteer is ALSO responsible for: 1. Responding appropriately, and intervening if able to take action safely, when witnessing harassment, bullying, discrimination, retaliation, or a hate crime on LPVEC grounds or in a LPVEC-related activity; 2. Cooperating with the LPVEC’s efforts to prevent, respond effectively to, and eliminate harassment, bullying, discrimination, and hate crimes; and 3. Promptly reporting all information s(he) knows concerning possible harassment, bullying, discrimination, retaliation, or a hate crime to a designated LPVEC official when (s)he witnesses or becomes aware of that conduct occurring on or off LPVEC grounds or in a LPVEC-related activity. IV. PROTECTION AGAINST RETALIATION The LPVEC will take appropriate steps to protect from retaliation persons who take action consistent with this Policy, or who report, file a complaint of, or cooperate in an investigation of a violation of this Policy. Threats or acts of retaliation, whether person-to-person, by electronic means, or through third parties, are serious offenses that will subject the violator to significant disciplinary and other corrective action up to and including expulsion.
V. REPORTING AND RESOLUTION PROCESS A. DESIGNATED OFFICIALS FOR REPORTING 1. In Each LPVEC Building The building principal or program supervisor is responsible for receiving reports and complaints of violations of this Policy regarding students participating in LPVEC programs in the building. A report or complaint of a violation of this Policy that involves a program supervisor should be filed with the Executive Director or Director of Human Resources of the LPVEC. 2. For the Central Administration The Director of Human Resources is responsible for receiving and addressing reports or complaints of violations of this Policy at the LPVEC level. A report or complaint involving the Director of Human Resources should be filed with the Executive Director; a report or complaint involving the Executive Director should be filed with the Board of Directors. B. REPORTING PROCEDURES 1. Any LPVEC employee, independent contractor, or LPVEC volunteer who becomes aware of or has a reasonable belief that bullying or harassment, discrimination, retaliation, or a hate crime has occurred or may have occurred on LPVEC property or at a LPVEC-related activity, or off LPVEC premises when the conduct may impact on the learning environment of the LPVEC program or a particular student, must promptly report the alleged incident(s) to the building principal or program supervisor.
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2. Any student or other person (who is not a LPVEC employee, independent contractor or LPVEC volunteer) who becomes aware of or has a reasonable belief that bullying or harassment, discrimination, retaliation, or a hate crime has occurred or may have occurred on LPVEC property, in a LPVEC-related activity or off LPVEC premises when the conduct may impact on the learning environment of the LPVEC program or a particular student, is strongly encouraged to and should promptly report the incident(s) to the building principal or program supervisor. In situations where a student or other person does not feel comfortable reporting the incident to a program supervisor or a principal, (s) he may report it to a trusted LPVEC employee, who must promptly transmit the report to a program supervisor. 3. Any LPVEC community member may also report alleged incidents of bullying or harassment, discrimination, retaliation, or a hate crime directly to a principal/program supervisor, or to the Executive Director. 4. Upon receipt of a written or oral report or complaint, the principal/program supervisor and the Director of Human Resources will promptly notify one another of the facts alleged and any initial action taken. 5. When a report or complaint involves physical injury, the principal/program supervisor will promptly report the incident to the Executive Director. 6. All complaints or reports about a violation of this Policy will be documented on the LPVEC "Reporting/Complaint Form". The form is available from the program supervisor. If a complainant or reporter is either unwilling or unable to complete the LPVEC Reporting/Complaint Form, the program supervisor who receives the oral complaint or report will promptly prepare a written report, by filling out the LPVEC Reporting/Complaint Form, using, to the extent practicable, the reporter's or complainant's own words to describe the potential violation. 7. On the LPVEC Reporting/Complaint Form, the designated official will summarize any initial action taken. 8. If the complaint occurs at the LPVEC level, the designated official will promptly provide the program supervisor with the completed Reporting/Complaint Form (or to the Director of Human Resources, if the program supervisor is the subject of the complaint). If the complaint occurs at the LPVEC level, the designated official will promptly provide the completed Reporting/Complaint Form to the Director of Human Resources. 9 Reporting Sexual Abuse and Other Serious Criminal Conduct a. General Laws Chapter 119, Section 51A, makes administrators, teachers, LPVEC nurses, guidance counselors and other LPVEC staff members mandated reporters for purposes of reporting child abuse and neglect to the Department of Children and Families (DCF). Under G. L. c. 119, Sec- tion 51A, a Collaborative staff member who has reasonable cause to be- lieve that a student under the age of 18 years is suffering physical, sexual, or emotional abuse, or neglect, by a parent, guardian, LPVEC staff mem- ber, or other caretaker, must immediately report the abuse or neglect ei- ther directly to the DCF or to the person designated by the LPVEC to ac- cept those reports, who, in turn, must promptly report the abuse to the DCF.
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 23 b. The program supervisor and/or Executive Director will report certain forms of sexual harassment and conduct (i.e., unwanted sexual touching or sexual assault) that may constitute a crime to the local police. c. The program supervisor and/or Executive Director will report physical injury, destruction of public property, potential hate crimes, bullying, and other acts of a serious criminal nature to the local police for criminal investigation. C. FILING A COMPLAINT OR REPORT 1. The complainant or reporter will file a written complaint or report with a program supervisor, using the LPVEC Reporting/Complaint Form, identifying the name(s) of the subject of the complaint, if known; describing the facts and circumstances of the incident or pattern of behavior; providing the time(s) and date(s) of the incident(s); and identifying any witnesses and relevant documentary information. 2. A complainant or reporter may also file an oral complaint or report. In those circumstances, the program supervisor will complete the LPVEC Reporting/Complaint Form based on the oral information, using, to the extent practicable, the complainant or reporter's own words. The complainant will sign the Reporting/Complaint Form. D. RESOLUTION PROCESS: DETERMINING WHETHER TO INSTITUTE FORMAL OR INFORMAL PROCEEDINGS 1. After the LPVEC program supervisor or the Director of Human Resources receives a complaint or report, the LPVEC must determine whether to resolve the complaint or report through Formal or Informal Proceedings. 2. After receipt of a report, the program supervisor will attempt to identify and obtain the cooperation of the person(s) who is the victim of the alleged conduct, if there is one. Even where the program supervisor does not obtain the identity of or cooperation by the alleged victim(s), the LPVEC will investigate the allegations, and proceed to Informal or Formal Proceedings, to the extent practicable. 3. The program supervisor is required to commence a Formal Proceeding under Section F of this policy if the program supervisor, in consultation with the Director of Human Resources, determines that any one of the following is true: a. the allegation is serious enough that it appears to place the complainant or any other person at physical risk; b. the incident has resulted in a criminal charge; c. the incident involves a referral to the Department of Children and Families; d. the allegation involves a serious form of harassment, discrimination, or re- taliation; e. the allegation involves bullying behavior; f. there is a pending Formal Proceeding against the subject of the complaint; the subject of the complaint has previously been found to have violated this Policy after Formal Proceedings; or that a Formal Proceeding is other- wise appropriate under the circumstances. 4. For allegations or incidents that do not require a Formal Proceeding, a program supervisor, in consultation with the Director of Human Resources, may at his/her discretion apply either the Student Code of Conduct or initiate an Informal
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Proceeding. If the program supervisor deems it appropriate, he/she may initiate an Informal Proceeding to obtain a voluntary agreement between the complainant and alleged offender that will effectively correct the problem and end the complaint of conduct. The primary focus of an Informal Proceeding is resolution through non-disciplinary corrective action, although a resolution may also include disciplinary action. 5. Nothing in this Policy limits the LPVEC from taking immediate interim disciplinary action as set forth in the LPVEC's disciplinary code and policies. E. INFORMAL PROCEEDINGS STEP ONE Upon the initiation of an Informal Proceeding, the program supervisor, in consultation with the Director of Human Resources, will separately meet in a timely manner with the complainant and the subject of the complaint and, if a student, with their parent(s) or guardian(s), to tell them about the informal process, the nature of the complaint, explain the prohibition against retaliation, and determine the corrective action the complainant seeks. STEP TWO If appropriate after adequate investigation, the program supervisor, in consultation with the Director of Human Resources, will propose a resolution. If the complainant, the alleged offender and their parent(s) or guardian(s) agree with the proposed resolution, the program supervisor will write down the resolution, and the complainant and the subject of the complaint, and their parent or guardian, if present, will sign it, and each person will receive a copy. At the meeting, the program supervisor will again explain the prohibition against retaliation. STEP THREE A program supervisor will monitor the situation, and will follow up with the complainant at least weekly for two months to determine whether there are further incidents or concerns. The program supervisor will maintain a written record of the follow-up. STEP FOUR If the complainant and alleged offender cannot agree to an informal resolution, or if at any time after resolution the program supervisor, in consultation with the Director of Human Resources, determines that the problem is not corrected, the LPVEC may apply the Student Code of Conduct or commence a Formal Proceeding. If this Policy does not cover the reported conduct, the Collaborative will address the report or complaint through its Student Code of Conduct, if applicable. STEP FIVE File Retention: If the complaint occurs at the LPVEC level, the program supervisor (or the Director of Human Resources, if the program supervisor is the subject of the complaint) will maintain in a separate confidential file the LPVEC Reporting/Complaint Form, information obtained through inquiry and investigation, and the proposed and agreed-to resolution, if any, and will provide a copy of the file to the Director of Human Resources and maintain a copy of the file in the applicable student record or employee personnel file. If the complaint occurs at the LPVEC level, the Director of Human Resources will maintain the file. F. FORMAL PROCEEDINGS Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 25 STEP ONE The program supervisor will separately meet in a timely manner with the complainant and the subject of the complaint and, if a student, with his/her parent(s) or guardian(s), to tell them about the formal process, explain the prohibition against retaliation, and determine the remedy the complainant seeks. The program supervisor will also explain that the investigation will be kept as confidential as possible, but that the LPVEC cannot promise absolute confidentiality, and may not be able to withhold the complainant's identity from the subject of the complaint, since such a promise could interfere with the LPVEC’s ability to enforce its Policy, conduct a fair and thorough investigation, or impose disciplinary or corrective action. STEP TWO A program supervisor will conduct an investigation in accordance with the procedures described in Section G, Investigations. STEP THREE The program supervisor, in consultation with the Director of Human Resources, will determine whether the allegations have been substantiated, and whether the Policy, or if the subject of the complaint is a student, the Student Code of Conduct has been violated. If the complaint is substantiated, the program supervisor, in consultation with the Director of Human Resources, will decide, based on the investigative findings, on the appropriate action. If legal issues arise, the program supervisor will seek the advice and guidance of legal counsel for the LPVEC. The program supervisor, in consultation with the Director of Human Resources, will prepare a written report that includes the investigative findings, the investigative steps taken, and the reasons for those findings. These findings will specify whether the allegations have been substantiated, whether the Policy, or if the subject of the complaint is a student, the Student Code of Conduct, has been violated, and any decision for disciplinary and corrective action. The program supervisor, the employee's supervisor (if the subject of the complaint is an employee), or the Executive Director will impose any disciplinary or corrective action. STEP FOUR The program supervisor will promptly notify the complainant and the subject of the complaint in writing to let them know whether the complaint has been substantiated. If the complaint is substantiated, the program supervisor will also promptly notify the complainant of any non-disciplinary corrective action imposed to protect him/her from future Policy violations. If the complaint is substantiated and the offender remains a student in the LPVEC, the program supervisor will meet with the offender and his/her parent or guardian, to describe the disciplinary and/or corrective action imposed, the LPVEC’s expectations for future behavior and the potential consequences for retaliation or future violation of the Policy. If a complaint is substantiated, a report of the incident and its resolution will be placed in the offender's student record or employee personnel file. File Retention: If the incident occurs at the LPVEC level, the program supervisor (or if the program supervisor is the subject of the complaint, the Director of Human Resources), will maintain in a separate confidential file the original completed Reporting/Complaint Form, investigatory interview notes and reports, findings made, the results of the investigation, including any decision for action, and other relevant investigatory materials, and will provide a copy of the file to the Director of Human
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Resources and maintain a copy of the file in the applicable student record or employee personnel file. If the complaint occurs at the LPVEC level, the Director of Human Resources will maintain the original documents. If the LPVEC’s investigation results from a third-party report, the program supervisor will inform that person that the LPVEC has taken steps consistent with the Policy, while not providing information about any disciplinary action imposed or any other information that would violate applicable state and federal confidentiality laws or student record regulations. Any disciplinary or corrective action against a student must conform to the due process requirements of federal and state law. STEP FIVE A program supervisor will monitor the situation, and will follow up with the complainant at least weekly for two months to determine whether there are further incidents or concerns, and whether the corrective action imposed has been effective. The program supervisor will maintain a written record of the follow-up. STEP SIX The complainant may ask the Director of Human Resources to review, and, if appropriate, revise any non-disciplinary corrective action imposed through a Formal Proceeding, if the complainant believes that the corrective action is not adequate to protect him/her from future harassment, discrimination, bullying, retaliation, or a hate crime. Any right of appeal from a disciplinary decision is governed by the Student Code of Conduct, the LPVEC’s disciplinary code, applicable collective bargaining agreements, and Massachusetts and federal law. G. INVESTIGATIONS FOR FORMAL PROCEEDINGS (1) Prompt and Thorough Investigations: Except where Informal Proceedings are initiated, the LPVEC, through a program supervisor, in consultation with the Director of Human Resources, will promptly investigate all reports or complaints of an alleged violation of this Policy (even where the offender is unknown), as set forth below. The nature and duration of an investigation will depend on the circumstances, including the type, severity and frequency of the alleged conduct. The goal of an investigation is to obtain an accurate and complete account of all incidents and circumstances deemed relevant to the allegations of the complaint. No complaint is considered frivolous; on the other hand, culpability is never presumed. These procedures are intended to protect both the rights of a victim and the rights of a wrongfully accused individual. (2) Emergencies: LPVEC officials will immediately call 911 in case of a threat of imminent physical harm or actual physical harm to a LPVEC community member or where police, fire, medical, or other emergency assistance is needed. (3) Opening Investigations: Upon receipt of a report or complaint, a program supervisor, in consultation with the Director of Human Resources, will promptly undertake an investigation or authorize a third party designated by the Collaborative to undertake an investigation. If the program supervisor is the subject of the complaint, the Director of Human Resources will either conduct the investigation or authorize a third party to do so. (4) Investigative Procedure: The program supervisor, the Director of Human Resources, or his/her designee investigating the incident will gather and preserve evidence, and identify
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 27 all involved parties and witnesses. If the incident involves physical injury, destruction of public property, or other acts of a serious criminal nature, the individual responsible for the investigation on behalf of the LPVEC will confer with the local police department prior to gathering or preserving evidence to determine if the incident requires law enforcement involvement. Until the responsible individual confers with the local police, however, s(he) will secure the evidence from contamination or removal. The investigation will generally consist of personal interviews with the complainant, the subject(s) of the complaint and others who witnessed or may have potentially relevant knowledge about the alleged incident or circumstances giving rise to the report or complaint. Interviews will be conducted in a manner that protects the privacy of individuals to the extent practicable under the circumstances. The responsible individual must either take notes during interviews, or prepare them soon thereafter, for the purpose of maintaining accurate records. The responsible individual will also generally review and evaluate any other information or document, including video recordings, voice mails, e-mails, instant messages, or other items deemed relevant to the allegations, and information regarding any prior incident(s) committed by the subject of the complaint. (5) Communication during Investigation: Throughout the investigatory and complaint resolution process, the responsible individual will make reasonable efforts to regularly inform the complainant and the subject of the complaint and their parent(s) or guardian(s) of the status of the complaint, and the anticipated timing for concluding the investigation, and making a determination. The responsible individual will notify each person interviewed or made aware of the investigation that the investigation is confidential and should not be discussed with other students or LPVEC employees. The responsible individual will tell them that the LPVEC will not tolerate retaliation against the complainant or reporter, or anyone else who cooperates with the investigation. (6) Time for Investigations: The responsible individual will complete his/her investigation as soon as practicable, not normally to exceed more than ten (10) business days after (s)he receives the complaint or report, except for good cause or with consent of the parties (as documented in the investigatory file). The responsible individual will expedite the investigation of any claim involving physical violence or serious threats of harm. (7) Ensuring Safety During Investigation: Either the program supervisor, in consultation with the Director of Human Resources, or the Director of Human Resources, as appropriate, will take any step he/she determines is necessary and/or advisable to protect, to the extent practicable, the complainant, witnesses, and other individuals from further incidents or from retaliation pending the outcome of the investigation. Those steps for students may include, but are not limited to, ordering interim disciplinary action under the Student Code of Conduct, appropriate adult supervision, reassigning classroom seating, temporarily transferring the student who is the subject of the complaint from his/her class(es) with the complainant or to an alternative LPVEC assignment, instructing the subject of the complaint to avoid communication or contact with the complainant and to maintain a safe distance (for e.g., fifteen feet) from the complainant while on LPVEC property or in LPVEC-related activities, and monitoring compliance and reporting non- compliance of protective orders issued by a court. Prior to a resolution of the complaint or report, either the program supervisor or the Director of Human Resources, where appropriate, will make reasonable efforts to monitor the success of the interim measures in achieving their goals. At the discretion of a Collaborative and/or Collaborative administrator, a student complainant may also temporarily transfer classes, where available, but only where the student and his/her parent or guardian voluntarily consents to the transfer.
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(8) Victim Assistance: The program supervisor or, where appropriate, the Director of Human Resources will make appropriate referrals for victim assistance, including counseling and crisis intervention, if requested, or as needed. (9) Victim Non-Cooperation: Where a violation of the Policy has been reported by a third party and the alleged victim fails to cooperate with the investigation, or denies the incident occurred, disciplinary and corrective action may by precluded, or limited, depending on the circumstances and the availability of information from other sources. (10) False Charges: Any person who makes knowingly false charges or brings a malicious complaint is subject to disciplinary and/or corrective action. H. BASIS FOR DETERMINING WHETHER POLICY VIOLATED Either the program supervisor, in consultation with the Director of Human Resources, or the Director of Human Resources, where appropriate, will determine whether a particular action or incident constitutes a violation of this Policy. The determination will be based on all the facts and surrounding circumstances, including the context, nature, frequency and severity of the behavior, how long the conduct continued, where the incident(s) occurred, the number of persons involved in the wrongful conduct, the ages of and relationships between the parties, past incidents or patterns of behavior, and whether the conduct adversely affected the education or LPVEC environment of the victim or other LPVEC community member.
I. CONFIDENTIALITY The LPVEC will respect the privacy of the complainant, the subject(s) of the complaint, and the witnesses to the extent possible consistent with its obligations under federal and state law and regulations and its Policy to investigate, report, and take appropriate disciplinary and corrective action, and consistent with applicable and state and federal confidentiality laws and student record regulations. VI. DISCIPLINARY AND CORRECTIVE ACTION A. IMPOSING DISCIPLINARY AND CORRECTIVE ACTION If a program supervisor, in consultation with the Director of Human Resources, or the Director of Human Resources concludes that the subject of the complaint has violated this Policy, the LPVEC will in a timely manner impose disciplinary measures and/or corrective action reasonably calculated to end the complained of conduct, deter future conduct, and protect the complainant(s) and other similarly-situated individuals. In imposing disciplinary and corrective measures the LPVEC will take into account harm the victim and other members of the LPVEC community suffered and any damage to LPVEC climate or property. B. ACTION CONCERNING STUDENTS Disciplinary and corrective action concerning a student may include, but is not limited to, a written warning; classroom or LPVEC transfer; short-term or long-term suspension; exclusion from participation in LPVEC sponsored functions, after-LPVEC programs, and/or extracurricular activities; limiting or denying access to a part or area of a LPVEC; exclusion, expulsion, or discharge from LPVEC; adult supervision on LPVEC premises; parent conferences; an apology to the victim; awareness training (to help students understand the impact of their behavior); participation in empathy development, cultural
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 29 diversity, anti-harassment, anti-bullying or intergroup relations programs; mandatory counseling, or any other action to be determined within the discretion of the LPVEC. Discipline for Students with Disabilities The LPVEC complies with the federal and state law requirements that apply to the discipline of students with disabilities, including the federal "Individuals with Disabilities Education Act" ("IDEA"). C. ACTION CONCERNING COLLABORATIVE EMPLOYEES Disciplinary and corrective action concerning a LPVEC employee may include, but is not limited to, a written warning, suspension, transfer, demotion, removal from certain duties, employment termination, supervision, training, and counseling. D. ACTION CONCERNING INDEPENDENT CONTRACTORS Disciplinary and corrective action concerning an independent contractor may include, but is not limited to, a request to the employer of the independent contractor to warn, suspend or terminate its employee; limiting or denying the individual contractor access to LPVEC premises or LPVEC-related activities; terminating the contract with the LPVEC, and training. E. ACTION CONCERNING COLLABORATIVE VOLUNTEERS Disciplinary and corrective action concerning a LPVEC volunteer may include, but is not limited to, a written warning, suspending or terminating the volunteer relationship, limiting or denying access to LPVEC premises or LPVEC-related activities, supervision and training. F. ACTION CONCERNING OTHER COLLABORATIVE COMMUNITY MEMBERS Corrective action concerning any other LPVEC community member, including parents and legal guardians of students, and visitors to the LPVEC may include, but is not limited to, a warning; counseling; and limiting or denying the parent, guardian or visitor's access to LPVEC premises or LPVEC-related activities. G. PREVENTION AND REMEDIATION The LPVEC will employ a variety of prevention and remediation strategies to maintain, to the extent practicable, a safe LPVEC climate conducive to learning, and ensure that all LPVEC community members assume responsibility for their behavior and its consequences. H. ACTION CONFORMING TO LAW AND APPLICABLE CONTRACTS Any disciplinary or corrective action taken for violation of this Policy will be consistent with the requirements of applicable collective bargaining agreements, Massachusetts and federal law, and LPVEC policies. VII. ADDITIONAL PROVISIONS A. OVERSIGHT OF COLLABORATIVE’S COMPLIANCE WITH POLICY The LPVEC designates Cheryl A. Decoteau as the Director of Human Resources, who, under the supervision of the Executive Director, will ensure the successful administration of and compliance with this Policy. The LPVEC will post conspicuously in the central office and in each LPVEC location the name of the Director of Human Resources, and his/her mailing address, telephone number and email address. The Director of Human Resources’ responsibilities include:
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1. Maintaining complaint and investigation records under this Policy and of Informal and Formal Proceedings; 2. Maintaining and regularly analyzing documentation of incidents of harassment, bullying, discrimination, retaliation, and hate crimes throughout the LPVEC; 3. Advising and assisting with and/or conducting investigations of complaints and reports of violations of this Policy; 4. Regularly assessing the need for and arranging training of LPVEC personnel and students on the requirements of and compliance with this Policy; (1) Assisting the Executive Director in regularly reviewing the effectiveness of the LPVEC’s efforts to correct and prevent harassment, bullying, discrimi- nation, retaliation, and hate crimes and proposing improvements in those efforts, consistent with 603 CMR 26.07 (1) & (4); (2) Ensuring that appropriate LPVEC officials are informed about violations of this Policy and the adequacy of the response; (3) Reviewing this Policy annually for compliance with state and federal law and updating it as necessary; and (4) Ensuring that he/she and the LPVEC and Section 504 coordinators are provided appropriate training to serve in this capacity and receive regular updates on changes in laws, regulations, policies and procedures con- cerning harassment, bullying, discrimination, retaliation, and hate crimes. B. POLICY DISSEMINATION 1. At the beginning of each LPVEC year, the LPVEC will distribute this Policy to all LPVEC employees, provide a summary of the Policy to volunteers and independent contractors, and publicize the Policy within the LPVEC community. 2. The LPVEC will incorporate a summary of this Policy in the Student Handbook and in each LPVEC code of conduct, and explicitly state that a violation of this Policy is subject to disciplinary action under the LPVEC's code of conduct. These documents will be provided to students, parents and guardians each year and will inform them of this Policy in the same manner that they inform parents and students of other policies. 3. The LPVEC will ask each student (if 12 years old or older) and his/her parent or guardian to provide written confirmation that they received, read and understand the Student Handbook that includes a summary of this Policy, and agree to comply with the Handbook's provisions. 4. To the extent practicable, the LPVEC will translate a summary of the Policy into the non-English languages spoken at home by a significant number of parents or guardians of LPVEC students. 5. The LPVEC will post this Policy and a summary of the Policy on its LPVEC website and conspicuously in each LPVEC building in areas easily accessible to students and staff. C. TRAINING OF LPVEC EMPLOYEES AND STUDENTS 1. The LPVEC will provide in-service training at least annually for all LPVEC employees, independent contractors, and LPVEC volunteers regarding the prevention and appropriate methods for reporting and responding to harassment, Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 31 bullying, discrimination, retaliation, and hate crimes; their responsibilities under the Policy; requirements imposed by state and federal civil rights and education laws, including CMR 26.00; and the LPVEC’s mission, goals and requirements under this Policy. 2. The LPVEC will also provide training at least annually for all its students in the fifth through twelfth grades regarding how to identify, report and file a complaint or report under this Policy; their rights and responsibilities under civil rights and education laws; and the LPVEC’s mission, goals and requirements under this Policy. The LPVEC will also provide instruction at least annually to all students in kindergarten through fourth grade regarding how to identify and report harassment and bullying. D. LAW ENFORCEMENT INVOLVEMENT The LPVEC collaborates with appropriate law enforcement officials with the goal of ensuring a safe LPVEC environment, supporting "zero tolerance" for violence and other criminal violations, and ensuring a coordinated response when an incident occurs. E. ANNUAL REPORT The LPVEC will prepare an annual report to the Board of Directors that includes a compilation and analysis of reported and substantiated incidents under this Policy; any corrective action imposed (without student identifying information); relevant training; and any supporting activities or programs employed.
F. OTHER LEGAL REMEDIES Any LPVEC community member may also pursue legal remedies or other avenues of recourse, including filing a complaint with the Massachusetts Department of Elementary and Secondary Education (Problem Resolution System), at (617) 338-3000; the Massachusetts Office of Attorney General, Civil Rights Division, at (617) 727-2200; the Office of Civil Rights of the United States Department of Education, at (617) 223-9662, the Massachusetts Commission Against Discrimination, at (617) 727-3990 or (413) 739- 2145; or the Equal Employment Opportunity Commission, at (617) 565-3200; filing a civil lawsuit; or pursuing criminal prosecution.
GLOSSARY OF TERMS BULLYING: Any written or verbal expression, or physical acts or gestures, directed at another person(s) to intimidate, frighten, ridicule, humiliate, or cause harm to the other person, where the conduct is not related to the person's membership in a protected class (e.g., race, sex). Bullying may include, but is not limited to, repeated taunting, threats of harm, verbal or physical intimidation, cyber-bullying through e-mails, instant messages, or websites, pushing, kicking, hitting, spitting, or taking or damaging another's personal property. Bullying behavior may also constitute a crime. (See Student Code of Conduct for how the LPVEC addresses bullying not covered by this Policy.) COMPLAINANT: A person who complains about conduct covered by this Policy who is the alleged victim of the conduct, and if a student, their parent or guardian. DISABILITY: A physical or mental impairment that substantially limits one or more major life activities (a) where the person has such an impairment, (b) has a record of such an impairment, (c) is regarded as having an impairment, or (d) has an individualized education program (IEP). DISCRIMINATION: Treating people differently, or interfering with or preventing a person from enjoying the advantages, privileges or courses of study in a public LPVEC because of his/her race, color,
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 32 national origin, ancestry, religion, sex, sexual orientation, age, genetic information, gender identity, or disability. A person may not be subjected to discipline or more severe punishment for wrongdoing, nor denied the same rights as other students, because of his/her membership in a protected class. HARASSMENT: Harassment is oral, written, graphic, electronic or physical conduct on LPVEC property or at a LPVEC-related activity relating to an individual's actual or perceived race, color, national origin, ancestry, religion, sex, sexual orientation, age, genetic information, gender identity, or disability (i.e., protected status), that is sufficiently severe, pervasive or persistent so as interfere with or limit a student's ability to participate in or benefit from the LPVEC’s programs or activities, or to interfere with or limit an individual's employment, by creating a hostile, humiliating, intimidating, or offensive educational or work environment. For purposes of this Policy, harassment shall also mean conduct, if it persists, that will likely create such a hostile, humiliating, intimidating or offensive educational or work environment. A single incident, depending on its severity, may create a hostile environment. Harassment based on a person's protected status may include, but is not limited to: • Degrading, demeaning, insulting, or abusive verbal or written statements; • Taking personal belongings, taunting, teasing, name-calling, or spreading rumors; • Drawing or writing graffiti, slogans, visual displays (such as swastikas), or symbols on LPVEC or another person's property (e.g., books or backpacks); • Telling degrading or offensive jokes; • Unwanted physical contact of any kind; • Physical violence, threats of bodily harm, physical intimidation, or stalking; • Threatening letters, emails, instant messages, or websites; • Defacing, damaging, or destroying LPVEC (e.g., desks, lockers or LPVEC walls) or another person's property; throwing objects (eggs, paint). Examples of Specific Types of Harassment (depending upon the circumstances): Disability Harassment • Unwelcome verbal, written or physical conduct directed at a person based on his/her disability or perceived disability, including damaging or interfering with use of necessary equipment, imitating manner of movement, using slurs like "retard," or invading personal space to intimidate. National Origin/Ancestry Harassment • Unwelcome verbal, written or physical conduct directed at a person based on his/her national origin, ancestry, or ethnic background, such as negative comments about surnames, customs, language, accents, immigration status, or manner of speaking. Racial Harassment • Unwelcome verbal, written or physical conduct directed at a person based on his/her race or color, including characteristics of a person's race or color, such as racial slurs or insults, racial graffiti or symbols, hostile acts based on race, nicknames based on racial stereotypes, negative comments about appearance, imitating mannerisms, taunting, or invading personal space to intimidate. Religious Harassment
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 33 • Unwelcome verbal, written or physical conduct directed at a person based on his/her religion, including derogatory comments about religious beliefs, traditions, practices (includes non-belief), or religious clothing. Sexual Orientation Harassment • Unwelcome verbal, written or physical conduct, directed at a person based on his/her actual or perceived sexual orientation, such as anti-gay slurs or insults, imitating mannerisms, taunting, or invading personal space to intimidate. Sexual Harassment: • Hostile environment sexual harassment occurs when unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature by another student, a LPVEC employee, or a third party on LPVEC property or at a LPVEC- related activity is sufficiently severe, pervasive or persistent so as interfere with or limit a student's ability to participate in or benefit from the LPVEC’s programs or activities, or to interfere with or limit an individual's employment, by creating a hostile, humiliating, intimidating, or offensive educational or work environment. A victim may also be someone reasonably affected by conduct directed toward another individual. • Quid pro quo sexual harassment occurs when a LPVEC employee explicitly or implicitly conditions participation in an education program or activity or bases an educational decision on the student's submission to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, whether or not the student submits to the conduct. Quid pro quo sexual harassment occurs, for example, when a LPVEC employee causes a student to believe he/she must submit to sexual advances to receive a better grade than deserved, or is threatened with a loss of a promised college application recommendation unless the student dates the employee. Quid pro quo sexual harassment also occurs when a LPVEC employee conditions an employee's employment on submission to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature or a basis for an employment decision (e.g., promotion, demotion, alteration of duties or hours or performance reviews). • Sexual harassment may occur adult to student, student to student, student to adult, adult to adult, male to female, female to male, female to female, and male to male. Depending on the circumstances, sexual harassment may include, but is not limited to: • Verbal forms of sexual harassment, including repeated unwanted requests for dates, sexual rumors, sexually explicit jokes, howling, whistles, catcalls, making unwanted gender-based references to a person's physical characteristics; • Written forms of sexual harassment, including obscene graffiti, sexually graphic computer messages or games, love poems or letters continuing after being informed they are unwelcome; • Nonverbal forms of sexual harassment, including offensive gestures, following or stalking another, cornering or blocking a person, leering, pressuring for sexual activities; • Visual forms of sexual harassment, including displaying sexually suggestive or sexually provocative photographs, pictures, objects, cartoons, or posters; or • Unwelcome physical touching, including grabbing, groping, squeezing, sexual fondling, kissing, brushing against another's body, body hugs, and other unwelcome contact. HATE CRIME: A crime motivated by hatred or bias, or where the victim is targeted or selected for the crime at least in part because the person is a different race, color, national origin, ancestry, religion, gender, or sexual orientation from the perpetrator or because the targeted person has a disability. A
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 34 hate crime may involve a physical attack, threat of bodily harm, physical intimidation, or damage to another's property. Indicators that a crime may constitute a hate crime include: • Use of racial, ethnic, religious or anti-gay slurs; • Use of symbols of hate, such as a swastika or burning cross; • Similar behavior toward others who are members of the same protected class; • The perpetrator's protected class is different from the victim's; • The incident occurs while the victim was promoting a racial, religious, ethnic/national origin, disability, gender or sexual orientation group, such as attending an advocacy group meeting, or participating in a students' gay-straight alliance, or a disability rights demonstration. INDEPENDENT CONTRACTOR: Any person, organization, or company who contracts with and/or provides goods, supplies, or services to the LPVEC or a LPVEC, and who is not a LPVEC employee and is not under the direction or control of the LPVEC (e.g., LPVEC vendors). NATIONAL ORIGIN: A person's country of origin, or the country of origin of the person's parents or other family members. RETALIATION: Any form of intimidation, reprisal, or harassment by a LPVEC community member directed against another LPVEC community member for reporting or filing a complaint, for aiding or encouraging the filing of a report or complaint, for cooperating in an investigation under this Policy, or for taking action consistent with this Policy. REPORTER: A person reporting an incident who is a third party and not the victim of the alleged conduct that violates the Policy. LPVEC COMMUNITY MEMBER: Any student, LPVEC employee, Board of Directors member, independent contractor, LPVEC volunteer, parent or legal guardian of a student, or a visitor on LPVEC premises or at a LPVEC-related or LPVEC-sponsored function or activity. LPVEC EMPLOYEE: Any LPVEC administrator, teacher, LPVEC counselor, nurse, secretary, librarian, and any other professional or support staff member employed by the LPVEC, and (except LPVEC volunteers) subject to the LPVEC’s direction or control. LPVEC-RELATED ACTIVITY: Any LPVEC-sponsored activity, such as a field trip or an athletic competition; any LPVEC-related function or event, such as a PTO meeting; where LPVEC officials have supervisory responsibility for students; or where students are using LPVEC transportation or are at a designated LPVEC bus stop. LPVEC VOLUNTEER: Any person who without compensation provides goods, supplies, or services to the LPVEC or its member districts on a one time or an ongoing basis, and who is not a LPVEC employee or independent contractor.
MANDATED REPORTER OBLIGATION Pursuant to Mass. Gen. Laws Ch. 119, §51A, any person that is paid to work with or for children and who in his/her professional capacity reasonably believes that a child under the age of eighteen is suffering from abuse and/or from neglect, is required to immediately report such condition. As an employee of the Lower Pioneer Valley Educational Collaborative (“LPVEC”), you are a Mandated Reporter under §51A. LPVEC requires that Mandated Reporters notify their Supervisor or the Director of Human Resources on the day s/he first suspects that abuse or neglect has occurred. After the Supervisor and/or the
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 35 Director of Human Resources confer with the Executive Director, LPVEC will make a report to the Department of Children and Families (DCF) if sufficient suspicion of abuse is found. In addition to notifying their Supervisor or the Director of Human Resources, Mandated Reporters may, but are not required to, submit a §51A report to DCF or local law enforcement. Mandated Reporters are immune from civil or criminal liability as a result of filing a report of abuse or neglect, provided that they immediately report, as required by the statute. This provision is designed to encourage Mandated Reporters to file a report whenever they suspect that a child has been abused or is at risk of harm. The law strictly forbids employers from penalizing any employee who reports actual or suspected child abuse or neglect. No LPVEC employee will be discharged, discriminated against, or have any negative action against his or her employment for a report made in good faith and the reporter did not cause the abuse or neglect. “A Mandated Reporter’s Guide,” published by the Department of Children and Families, is available as a reference to assist you in understanding your obligations as a Mandated Reporter. The guide is available at: http://www.mass.gov/eohhs/docs/dcf/can-mandated-reporters-guide.pdf. If you have any questions about these obligations, contact your Supervisor or the Director of Human Resources.
DRUG-FREE WORK PLACE, SCHOOLS AND COMMUNITIES Background In 1989, the federal Drug-Free Schools and Communities Act Amendments of 1989 were passed which require that each local educational agency (LEA) certify that it has adopted and implemented a program to prevent the use of illicit drugs and alcohol by students and employees in order to remain eligible to receive any federal funds of any sort. Regulations further set out the requirements of this law. A certifiable program is defined by the Federal regulations to include: Age-appropriate, developmentally based drug and alcohol education and prevention programs for students in all grades from early childhood level through grade 12; Conveying to students that use of illicit drugs and the unlawful possession and use of alcohol is wrong and harmful; Standards of conduct that are applicable to students and employees that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol on school premises or as a part of any of its activities; A clear statement that sanctions, up to and including expulsion or termination of employment and referral for prosecution, will be imposed on students and employees who violate the standards of conduct and a description of those sanctions; Information about any available drug and alcohol counseling, rehabilitation, and re-entry programs that are available to students and employees; A requirement that parents, students, and employees be given a copy of the standards of conduct and statement of sanctions; Notifying parents, students, and employees that compliance with required standards of conduct is mandatory; and A biennial review by the LEA applicant of its program to determine its effectiveness, implement changes if needed, and ensure that the sanctions are consistently enforced. Policy Statement Illegal drug and alcohol abuse in the work place are a danger to us all. They impair safety and health,
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 36 promote crime, lower productivity and quality, and undermine public confidence in the work we do. In compliance with the Drug-Free Work Place Act of 1988 and the Federal Drug-Free Schools and Communities Act Amendments of 1989, the LPVEC is committed to maintaining a drug and alcohol free work place. Employees have the right to know the dangers of drug and alcohol abuse in the work place, the LPVEC Board of Directors' policy about them, and the assistance available to combat drug and alcohol problems. The LPVEC shall use its best efforts to maintain privacy and confidentiality to those employees seeking and/or accepting services. Employees shall not be under the influence of or engage in manufacture, possession, consumption, use, report to work after using, or distribution of illegal drugs or alcohol on school premises or during a school-sponsored activity at any location. Any employee violating this policy is subject to appropriate corrective action, up to and including termination and referral for prosecution. The LPVEC supports employees who are willing to seek treatment for problems related to alcohol or substance abuse prior to a disciplinary incident. Employees may self-refer, be referred by their immediate supervisor, or be referred by their families. As a condition of employment, all employees of the LPVEC are required to comply with the prohibition against drugs and alcohol in the work place, and to notify the Executive Director, within five (5) days, after any criminal drug statute conviction (including pleas of guilty, nolo contendere, or any other disposition which does not result in an acquittal, for a violation occurring within the work place.) Under federal law, the Executive Director must notify the grant providing federal agency within 10 days of receipt of notice of a criminal drug statute conviction for a violation occurring within the work place (see Employee Conviction/Disposition Report). Within 30 days of receiving notice, the LPVEC Board of Directors must take appropriate personnel action against the employee, up to and including termination and referral for prosecution, and/or require the employee to satisfactorily participate in an approved substance abuse assistance or rehabilitation program. Such programs may, or may not, be fully covered by health insurance benefits (in no event will that cost accrue to the LPVEC.) Any corrective action in connection with employee violations of this policy will be conducted in accordance with the provisions of any applicable LPVEC policy and statutes in effect at the time of such corrective action. In the event any provision or part of this policy shall, for any reason, be in conflict with, or rendered illegal or unenforceable by, the Federal Drug-Free Work Place Act of 1988 and/or the Federal Drug- Free Schools and Communities Act Amendments of 1989, or any existing or future regulations promulgated there under, said laws and/or regulations shall supersede any such provision or part and the provision or part so affected shall no longer be operative but the remaining provisions or parts shall continue in full force and effect. The Federal Drug-Free Work Place Act of 1988 and/or the Federal Drug-Free Schools and Communities Act Amendments of 1989 will construe under, and as defined the words used herein.
ALCOHOL-FREE AND DRUG-FREE POLICY General The LPVEC has established this policy to maintain a work environment that is free from the effects of alcohol and drug use. The LPVEC expects that employee off the job, as well as on-the-job, involvement with drugs and alcohol can have an impact on the work place and on our ability to accomplish our goal of an alcohol-free and drug-free environment. The LPVEC does expect employees to report for work in the condition to perform their duties. 1. The illegal use, sale or possession of narcotics, drugs, or controlled substances while on the job or on LPVEC or member district property is an offense warranting discharge. Any illegal substances will be turned over to the appropriate law enforcement agency.
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 37 2. Employees who report to work after consuming alcohol, drugs or controlled substances including working under the influence of alcohol or narcotics, drugs or controlled substances, either on the job or when reporting for work, or who possess or consume said substances during work hours, have the potential for interfering with their own, as well as their co-workers' safe and efficient job performance. Consistent with existing LPVEC practices, such conditions will be proper cause for administrative action up to and including termination of employment. 3. Off-the-job illegal drug activity which could adversely affect an employee's job performance or which could jeopardize the safety of other employees, students, the public, LPVEC property or equipment is proper cause for administrative or corrective action up to and including termination of employment. 4. Employees who are involved with off-the-job drug activity or illegal activity concerning alcohol may be considered in violation of this policy. In deciding what action to take, management will take into consideration the nature of the charges, the employee's present job assignment, the employee's record with the LPVEC and other factors relative to the impact of the employee's arrest upon the conduct of LPVEC business. 5. Some of the drugs which are illegal under federal, state or local laws include, among others, marijuana, heroin, hashish, cocaine, hallucinogens and/or depressants not prescribed for current personal treatment by a licensed physician. 6. Employees are expected to follow any directions of their health care provider concerning prescription medications, and must immediately notify their supervisor if any prescription drug is likely to have an impact on job performance. In addition, notification must be given at the time of any testing or screening as to any drugs or medicine being taken. Any employee, while on LPVEC or member district property or during that employee’s work shift, including without limitation all breaks and meal periods, who consumes or uses, or is found to have in his or her personal possession, in his or her locker or desk or other such repository, alcohol or drugs, which are not medically authorized, or is found to have used or to be using such alcohol or drugs, will be suspended immediately pending further investigation. If use of or possession is substantiated, corrective action up to and including termination will be imposed. Voluntary Disclosure: If an employee chooses to notify the LPVEC or request assistance from the Employee Assistance Program (EAP) regarding an alcohol or drug problem, that notice or request will not jeopardize his or her continued employment, provided the employee stops any and all involvement with the substance being abused, enters into and satisfactorily completes an approved rehabilitation program, signs a Last Chance Agreement agreeing to random testing, and maintains adequate job performance. Employees who voluntarily disclose their substance abuse issues prior to corrective sanctions or being selected for testing will be permitted to take an unpaid leave of absence for the purposes of entering into rehabilitation. Where required by law, the employee’s job will be protected during this leave of absence. Where an unpaid, job-protected leave of absence is not required by law, the LPVEC may grant the employee a leave of absence, with or without a guarantee of reinstatement at the completion of the rehabilitation program. Refusal to Participate/Tampering: Any refusal to participate in any of the types of alcohol and or drug tests authorized in this policy will be treated as a positive result. If there is any evidence that an employee engaged in sample tampering, such conduct shall be treated as a refusal to participate in testing for purposes of imposing corrective action. Information/Training All current and new employees will receive written information about the testing requirements and how and where they may receive assistance for alcohol or drug misuse. All employees must receive a copy of this policy and sign the confirmation of receipt.
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All supervisory and management personnel of safety-sensitive positions must attend at least two hours of training on alcohol and drug misuse symptoms and indicators used in making determinations for reasonable suspicion testing. Record Keeping The LPVEC is required to keep detailed records of its alcohol and drug misuse prevention program. Driver alcohol and drug testing records are confidential. Test results and other confidential information may only be released to the employer, the substance abuse professional, the MRO, and any arbitrator of a grievance filed in accordance with this policy. Any other release of this information may only be made with the driver's consent. Pre-Employment References The LPVEC must obtain and review the following information from each employer that the prospective driver worked for, in a safety sensitive position, during the previous two years; information about a test in which the employee's blood alcohol was 0.04 or greater; information about a positive drug test; and information about any refusal to participate in the alcohol and drug testing program. The prospective employee must provide the former employer with a written release allowing the release of this information or he/she will not be hired. If the previous employer indicates that a positive result was received, or that the employee refused to participate when selected for an alcohol or drug test, the applicant may not be appointed unless he/she has consulted with a substance abuse professional, received recommended treatment, and tested negative in a return to duty test. The LPVEC must provide the same information to subsequent employers of current LPVEC employees when provided with a written release.
TESTING FOR DRUGS AND ALCOHOL It is the policy of the LPVEC to comply fully with the Rules issued by the U.S. Department of Transportation under the 1991 Omnibus Transportation Employee Testing Act dealing with limitations on alcohol and drug use by any employee who transports students, drug and alcohol testing of such employees and the reporting/record-keeping requirements relative to such testing. The Rules found in 49 C.F.R. §382.100 et seq. apply to all interstate and intrastate truck and motor coach operators, including but not limited to, school bus drivers, all LPVEC drivers with commercial drivers licenses and/or 7D licenses, and any other employee who transports students. The following conduct is prohibited: 1. Reporting for duty or remaining on duty requiring the performance of safety-sensitive functions with a breath/blood alcohol content of 0.04 percent or greater or under the influence of drugs; 2. Use of drugs or alcohol within the four (4) hours prior to performing a safety-sensitive function like driving; 3. Use of drugs or alcohol on the job; 4. Use of drugs or alcohol during the eight (8) hours following an accident; 5. Possession of any drugs, medication or food containing alcohol while driving a vehicle; 6. Refusal to take a required drug or alcohol test. 7. Use of controlled substances on or off duty unless a doctor has prescribed the controlled substance and the doctor has informed the employee that the substance does not adversely affect the employee's ability to operate a vehicle safely.
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ZERO TOLERANCE POLICY The LPVEC is a zero tolerance employer. The LPVEC cooperates fully with local, state, and federal authorities in matters pertaining to the use, possession, or sale of controlled substances by anyone on LPVEC or member district premises. A. Applicants All final candidates for safety-sensitive positions must pass a pre-employment, post-offer drug test as a requirement for employment. Any applicant for a safety-sensitive position who refuses to take a drug test or who tests positive will be considered to have failed to meet the criteria for employment. B. Employees Reporting to work in an impaired or unfit condition because of the use or consumption of controlled substances or alcohol is strictly prohibited. Any employee who uses, possesses, or is involved in the sale or purchase of any substance covered under the federal Controlled Substances Act, while on LPVEC or member district premises, conducting LPVEC business or operating LPVEC vehicles or equipment, is considered to be in violation of this policy. Any employee who violates this policy will be subject to immediate termination from employment. This policy also applies to the use of prescription drugs that impair an employee’s ability to safely perform his/her job. Use of prescription drugs other than as prescribed by an employee’s own physician, is a violation of this policy. An employee who takes medication prescribed to another person will be considered to be using an “illegal” substance and if tested will produce a positive test result.
C. Drug and Alcohol Testing Drug and/or alcohol testing of employees, including testing as prescribed by the Federal Department of Transportation, may be conducted under some or all of the following circumstances: Safety Sensitive Positions For the purpose of this policy, and as defined in Section 382.107 of the FMCSA safety regulations, designated “safety-sensitive” work includes the operation, supervision, maintenance or dispatch of any vehicle. A driver, mechanic or dispatcher is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive position. A driver, mechanic or dispatcher is also considered to be performing a safety-sensitive function while inspecting, servicing, or conditioning any commercial motor vehicle at any time. Employees in safety-sensitive positions, including those who hold a CDL, are subject to the following tests: Random Testing: Random selection process ensures each employee the same fair and equal chance of being selected. Selection of employees for random testing will be conducted through the use of a third party random number generator selection process. Due to the nature of the random selection process, an employee could be randomly selected to test more than once a year. An employee randomly selected will be notified by his or her supervisor of the selection and instructed to immediately go to the designated collection site. Each year, the LPVEC must conduct random alcohol tests on at least 25% of all the covered employees and random drug tests on at least 50% of all covered employees. Return to Duty After Leave of Absence: Employees in safety-sensitive positions who are returning from any type of leave of 30 days or more, including but not limited to, leave for
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workers’ compensation, pregnancy or personal reasons, or to serve in the military will be tested before they will be allowed to return to work. Post-Collision Drug and Alcohol Tests following a collision that involves a commercial motor vehicle if: o The collision involved a fatality, or o The LPVEC driver receives a citation for a moving traffic violation arising from the collision, and o An individual involved in the collision receives immediate medical attention away from the scene of the collision, or o There was disabling damage to one or more vehicles involved in the collision requiring them to be towed from the scene of the collision, or o The circumstances of the accident indicate that the driver could have been impaired at the time of the accident. o It is the employee's responsibility to make him/herself available for testing. Generally, the employee will be accompanied to/from the testing site by a LPVEC employee/supervisor. o Refusal to be tested or to otherwise comply with this requirement will result in corrective action up to and including termination, even for a first offense. In any of these incidents, Drug Tests are required immediately, but no later than thirty-two (32) hours following the collision, and a Breath Alcohol Test is required immediately, but no later than eight (8) hours following the collision. Reasonable Suspicion Reasonable suspicion drug and/or alcohol tests are conducted when there is reason to believe any employee is under the influence of drugs and/or alcohol and is based on exhibited behavior, speech, appearance, etc. as observed by their supervisor, whether or not that employee works in a safety- sensitive position. Employees directed to submit to reasonable suspicion testing will be escorted directly to the testing facility. The employee will not be permitted to return to duty unless the test results indicate that the employee was not under the influence of drugs and/or alcohol while on LPVEC premises or while conducting LPVEC business off premises. PROCEDURES - Alcohol and Drug Testing Pursuant to 49 C.F.R. §382.100 et seq. Conducting Tests 1. Alcohol: DOT rules require breath testing using evidential breath testing (EBT) devices. Two breath tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. Any result less than 0.02 alcohol concentration is considered a "negative" test. If the alcohol concentration is 0.02 or greater, a confirmation test must be conducted. Refusal of an employee to complete and sign the breath alcohol testing form to provide breath or otherwise to cooperate shall be deemed to be a refusal to test. In addition, blood alcohol testing can be used in reasonable suspicion and post-accident testing where an evidentiary breath-testing device is not available or where an employee is not capable of producing adequate breath. Refusal to be tested or to otherwise fail to cooperate with the requirements of this section will be subject to corrective action, up to and including termination, even for a first offense. 2. Drugs: Drug testing is conducted by analyzing a driver's urine specimen, and must be
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 41 conducted through a U.S. Department of Health and Human Services certified facility. Specimen collection procedures and chain of custody requirements ensure that the specimen's security, identification and integrity are not compromised. DOT rules require a split specimen procedure. Each urine specimen is subdivided into two bottles labeled as primary and split. Both bottles are sent to the laboratory. Initially, only the primary specimen is opened and used for the urinalysis. The split specimen remains sealed at the laboratory. If the analysis of the primary specimen confirms the presence of illegal controlled substances, the driver has 72 hours to request that the split specimen be sent to another DHHS certified laboratory for analysis. Testing is conducted using a two-stage process. First, a screening test is performed. If the test is positive for one or more of the drugs, a confirmation test is performed for each identified drug. Sophisticated testing requirements ensure that over-the-counter medications or preparations are not reported as positive results. All drug tests are reviewed and interpreted by a physician designated as a Medical Review Officer (MRO) before they are reported to the employer. If the laboratory reports a positive result to the MRO, the MRO will contact the Driver and conduct an interview to determine if there is an alternative medical explanation for the drugs found in the urine specimen. For all the drugs listed above, except PCP, there are some limited, legitimate medical uses that may explain a positive test result. If MRO determines that the drug use is legitimate, the test will be reported to the LPVEC as a negative result. 3. Refusal to Participate/Tampering: Any refusal to participate in any of the types of alcohol and or drug tests authorized in this policy will be treated as a positive result. If there is any evidence that an employee engaged in sample tampering, such conduct shall be treated as a refusal to participate in testing for purposes of imposing corrective action.
D. Prescription and Over-the-Counter Medication In addition to controlled substances and alcohol, LPVEC employees shall not report for duty while under the influence of prescription or over-the-counter medication that might impair the employee’s ability to perform his/her job safely. As a condition of continued employment with LPVEC, an employee who is required to operate a motor vehicle or assist students must advise his/her supervisor if he/she is taking prescribed or non-prescribed medication that may or does impair his/her ability to safely perform his/her job. Failure to report the use of such medication may result in corrective action, up to and including termination. E. General Guidelines for Drug and Alcohol Testing There are certain situations that may arise during the testing process that employees sometimes do not understand, leading them to violate the procedures and be considered to have a “positive” test result. Knowing what to do will help avoid incorrect behavior when in these situations. The following are some of the instances that need explanation. It is the employee’s responsibility to ask questions and to read those documents containing the complete testing information. Once an employee has been notified that he/she is selected for a drug test, or a drug and alcohol test, he/she MUST go immediately to the testing site. If the time from when the employee leaves to be tested and he/she arrives at the test site is much longer than what is usually required to travel, the employee will be asked to provide an explanation. Once an employee arrives at a test site for a drug test, he/she may not leave until the test is complete. Leaving the site while the test is in process will, by law, be counted as a positive test result.
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Another common problem is when an employee is notified he/she is selected, but refuses to go because he/she has other plans made. It is very important to know that once informed it is REQUIRED that the employee go for testing. Not doing so results in a “refusal-to-test” that equals a failed test. There is no way to reschedule the test for another time. F. Refusal to Test Refusal to submit to testing as required under this policy is prohibited and will result in termination of employment. Refusal to test includes: Failure to appear for any test within the designated time frame. Failure to remain inside the testing collection site until the process is complete. Failure to provide sufficient urine specimen for drug testing where there is no adequate medical explanation provided as a result of a medical evaluation. Failure to provide an adequate amount of saliva or breath for alcohol testing. Failure to permit an observed collection when required. Failure to undergo a medical examination or evaluation as directed by the Medical Review Officer (MRO). Failure to cooperate with any portion of the testing process (i.e., refuse to empty pockets or behave in a confrontational manner that disrupts the collection process.) G. Consequences of Violation of the Policy Controlled Substance – a positive test results in termination of employment. If the employee tests positive for any drug, the employee will be notified by the Medical Review Officer (MRO). The MRO will review the test results with the employee for a possible medical explanation, i.e. prescription drug or over-the-counter drug that was taken at the time of the test. The MRO may also call the physician or drug store for confirmation. The LPVEC will not be informed of a positive test result until MRO contact procedures have been completed. If there is no medical explanation: o The employee may not be returned to duty and is subject to immediate termination. o Employees who test positive will be allowed 72 hours following notification of their drug test results to request a re-test of the original split test sample. o Any re-test of the split specimen will be at the employee’s expense. o The employee will be suspended without pay until the re-test results are received by the LPVEC. o If re-test results are negative, initial test results will be cancelled, and the employee will be fully reinstated with back pay. o If the re-test is positive, or if a re-test is not requested within the designated time period, the employee will be terminated.
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 43 Alcohol – If the employee tests 0.02 or higher, a second confirmation test must be given within 15 minutes. If the confirmation test is less than 0.02, the employee may be returned to duty. If the confirmation test is 0.02 or greater, the employee’s supervisor will be notified. The employee will be driven home from the collection site, and the employee will be terminated. Drivers who have any alcohol concentration (defined as 0.02 or greater) when tested just before, during, or just after performing safety-sensitive functions must be removed from performing such duties for 24 hours and will be suspended without pay until they have completed a program of rehabilitation that has been approved by the LPVEC. H. Substance Abuse Professional (SAP) Resources The Lexington Group (800)571-0197 Employee Assistance Program (800)252-4555 Questions Questions about this policy should be referred to the LPVEC Human Resources Director or Executive Director.
NO SMOKING POLICY Use of any tobacco products within the LPVEC or member district school buildings, school facilities, or on LPVEC property, school grounds or school buses by any individual including school personnel and students is prohibited at all times. A staff member determined to be in violation of this policy shall be subject to corrective action up to and including termination. Staff requiring assistance breaking the smoking habit may contact the Employee Assistance Program (EAP). Information on the EAP can be found in the Benefits section of this handbook.
WORKPLACE SEARCHES To safeguard the property of our employees, students, and visitors, to help prevent the possession, sale and use of illegal drugs on the LPVEC’s premises, and in keeping with the spirit and intent of the LPVE C’s drug-free workplace and workplace violence policies, the LPVEC reserves the right to question empl oyees and all other persons entering and leaving our premises, and to inspect any packages, parcels, p urses, handbags, briefcases, lunchboxes, or any other possessions or articles carried to or from LPVEC property, including vehicles. In addition, the LPVEC reserves the right to search any employee’s office, desk, files, lockers, and so forth, that are the property of LPVEC, and are issued for the use of employe es only during their employment with the LPVEC. Inspections may be conducted at any time at the discr etion of the LPVEC. In conjunction with the implementation of this policy, the LPVEC will post notices in conspicuous places throughout our facilities informing all employees, prospective employees, customers, visitors, and all oth er persons of LPVEC’s policy and right to question individuals and conduct inspections. Persons entering the premises who refuse to cooperate in an inspection conducted pursuant to this poli cy will not be permitted to enter the premises. Employees working on or entering or leaving the premise s who refuse to cooperate in an inspection, as well as employees who after the inspection are believed t o be in possession of stolen property or illegal drugs will be suspended and will be subject to corrective action up to and including termination if on investigation they are found to be in violation of LPVEC’s sec urity procedures or any other LPVEC rules and regulations.
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EMPLOYEE CONVICTION / DISPOSITION REPORT
This report must be filed, BY LAW, with the LPVEC Executive Director no later than FIVE (5) DAYS following any conviction (including pleas of Guilty, Nolo Contendere, or any other disposition which does not result in acquittal), of violating a criminal drug statute arising from work place conduct. Failure to so report to the LPVEC Executive Director within FIVE (5) DAYS makes you liable to corrective action up to and including termination.
Employee Name: ______
Program: ______Position: ______
I hereby report that I was convicted of, or plead guilty to nolo contend ere to, the following violation of a criminal drug statute arising from work-place conduct. (Describe violation, when and where it happened):
This conviction/disposition was entered in the following court at the date shown:
Court: Court Date: ______
Today’s Date: ______
I understand that within thirty (30) days of today's date, the LPVEC must either discipline me, including the possibility of terminating me, or refer me for participation in an authorized drug abuse assistance or rehabilitation program. If referred and accepted by me, I must satisfactorily take part in the program to continue with my employment in the LPVEC. My preference in action:
_____CORRECTIVE ACTION
_____DRUG ABUSE ASSISTANCE OR REHABILITATION PROGRAM
SIGNATURE: ____ DATE:______
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CONFIDENTIALITY
The LPVEC has an obligation to its students to keep all information regarding their business and relatio nship with the LPVEC strictly confidential. Therefore, all employees must maintain the confidentialit y of all records, documents, financial, health and other information relating to students. In addition, misuse or unauthorized disclosure of confidential information not otherwise available to persons out side of LPVEC is a cause for disciplinary action, up to and including termination. DRESS CODE
Appropriate and professional personal attire is expected of all staff. At all times, staff must remain mindful of the impression their appearance may have on those around them and in particular, the student body we serve. Clothing must be discreet and should not have the potential of offending others (i.e. graphics, offensive language). Jeans, T-shirts, and hats are not considered appropriate attire. On occasion, some schools allow their staff to “dress down” on particular days for charity. LPVEC staff working in these schools may be allowed to dress down with a contribution to the charity. Dress down for LPVEC employees may include jeans (without rips or tears) and well-kept athletic shoes. Any questions regarding appropriate attire should be addressed with your supervisor.
PERSONAL CONDUCT POLICY Our reputation in the member districts and communities we serve will be determined by the work we do, the services we provide, and by the employees who represent us. We are proud of those who work for us, and employees can be proud of the positions of trust they hold. We must continue to earn that trust in everything we do. Some comments made in jest are an insult to others. Therefore, in order to provide a bias-free atmosphere in our classrooms and on our buses, racial slurs, ethnic jokes, religious bigotry, and detrimental statements or comments concerning race, sexual orientation, color, gender, ancestry, age, religion, national origin, gender identity, or disability are prohibited. LPVEC recognizes that unprofessional and unacceptable personal conduct affecting the workplace contributes to low employee morale, absenteeism, turnover and loss of productivity. LPVEC expects every employee to conduct himself or herself in a professional and respectful manner in the workplace. Conduct that brings discredit to the organization, interferes with operation, or is offensive to students, parents, or fellow employees will not be tolerated and may subject the employee to corrective action up to and including termination. No employee of the LPVEC will engage in or have a financial interest in, directly or indirectly, any activity that conflicts or raises a reasonable question of conflict with the duties and responsibilities of the LPVEC. Nor will any staff member engage in any type of private business during work time or on LPVEC property. Employees will not engage in work of any type, where information concerning students, member districts, coworkers or employer, originates from any information available to them through LPVEC sources. Contact with students or parents, outside of the scope of business, is discouraged. Exchange of personal information between LPVEC employees and students is prohibited. Personal information includes personal email address or cell phone number.
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VIOLENCE IN THE WORKPLACE The LPVEC has a zero tolerance policy for workplace violence. The LPVEC is committed to providing an environment free of weapons and dangerous instruments, to minimizing the risk of violence in the workplace, and to responding appropriately should it happen. The LPVEC will take reasonable steps to protect employees, students, and visitors from potential violence by outsiders when it has advance notice from a reliable source that such violence is a possibility. The LPVEC prohibits violent acts, harassment, intimidation, threats, assaults, or similar behaviors on LPVEC properties. Where appropriate, the LPVEC will take action related to threats or acts of violence that occur off company premises. Forms of violence include: Physical – shoving, inappropriate touching, hitting, destruction of property, sabotage, stalking or homicide Verbal – threats, inappropriate remarks, threats of destruction of personal or LPVEC property Visual – threatening or abusive body gestures Written – notes, letters, cartoons, graffiti Sexual Harassment – creating a sexually threatening environment LPVEC strictly prohibits the possession of weapons or dangerous instruments in the workplace or on LPVEC premises. LPVEC reserves the right to inspect all LPVEC premises for weapons. Weapon may mean firearm, including BB gun, whether loaded or unloaded, any knife (excluding a small pen or pocket knife), a switchblade or other knife having an automatic spring release, a stiletto, any police baton or nightstick, or any martial arts weapon or electronic defense weapon. Dangerous instrument means any instrument, article or substance that, under the circumstances, is capable of causing death or serious physical injury. Even without an actual threat, employees should report any behavior they have witnessed that they regard as threatening or violent, when that behavior is job related or might be carried out on a company controlled site, or is connected to LPVEC employment. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threat or threatening behavior and the person(s) who were threatened or were the focus of the threatening behavior. If the employee’s supervisor is not available, the employee should report the threat to another supervisor or another member of the management team. Any person who makes substantial threats, exhibits threatening behavior, or engages in violent acts on LPVEC property will immediately be removed from the premises and will not be allowed on LPVEC premises pending the outcome of an investigation. In the event that an investigation shows that this policy has been violated, LPVEC will take appropriate action, which 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(s) involved. If it has been determined that an employee/individual should not be allowed in a work area, and he/she refuses to leave, local law enforcement will be contacted to escort the employee/individual off the property. If the LPVEC becomes aware of acts or threats of violence occurring off LPVEC premises in violation of this policy, the LPVEC will conduct an investigation and initiate an appropriate response. Where an employee has reportedly engaged in such behavior off LPVEC premises, the LPVEC may choose to suspend the employee pending an investigation into the circumstances of the alleged behavior. If, in the sole judgment of the LPVEC, it is determined that the employee’s conduct violated any terms of this policy, that employee may be subject to corrective action, up to and including termination.
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JOB DESCRIPTIONS Each job classification in the LPVEC has a job description that is on file in the LPVEC office. Employees are required to review and sign their job description at the time of appointment and/or reappointment. Job descriptions may be changed from time to time, at which time an employee will be required to review and sign the altered job description.
FITNESS FOR DUTY Overview The LPVEC is committed to providing a safe working environment and to protect the health and safety o f students, faculty and staff, visitors and LPVEC property. This policy provides a mechanism for ide ntifying and intervening in the event that LPVEC has reason to believe that an employee’s physical or mental condition could pose a significant threat of serious, imminent harm to the safety of others and property. Definitions: a. Fitness for Duty – The physical and mental health condition that permits the employee to perform all essential job duties in an effective manner and protects the health and safety of oneself, others, and property. The physical and mental requirements of each employee’s position are described in separate documents that relate to each employee’s specific job duties.
b. Reliable Report – Self-disclosure or third-party opinion about an employee’s possible lack of fitness for duty that is considered credible by the manager/supervisor, taking into consideration such factors as the relationship of the reporter to the employee, the seriousness of the employee’s condition, the possible motivation of the reporter, and how the reporter learned the information.
c. Working Hours – Those hours beginning with the employee’s start time and ending with the employee’s quitting time, as well as any time an employee is on-call. All work activities during Working Hours are included whether they occur on or outside LPVEC properties.
d. Medical Evaluation – An examination performed by a LPVEC designated health professional, including but not limited to a health history, physical and/or psychological examination and any medically indicated diagnostic studies. The cost for this evaluation is paid by the LPVEC.
e. Medical Certification – A document from a medically appropriate, licensed provider attesting to an employee’s fitness for duty following an extended medical absence. Employee Responsibility: Report to work fit for duty Notify the manager/supervisor when not fit for duty Notify the manager/supervisor when observing a co-worker who may not be fit for duty Cooperate with a manager/supervisor’s directive and/or referral for a medical evaluation Manager/Supervisor Responsibility:
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Observe the attendance, performance and behavior of employees they supervise Interview an employee who appears to be unfit for duty and refer an employee for a medical evaluation when appropriate Record the reasons/observations that triggered the fitness for duty medical evaluation referral Utilize this policy in a fair and consistent manner, respecting the employee’s privacy and the confidentiality of medical information Coordinate with Human Resources to obtain Medical Certification when employee returns to work after absence for medical reasons longer than five days Procedures: A triggering event occurs when a manager/supervisor observes or receives a reliable report of an employee’s possible lack of fitness for duty. Observations may include, but are not limited to an employee’s self-reports, manual dexterity, coordination, alertness, speech, vision acuity, concentration, response to criticism, interactions with parents, children, co-workers, and supervisors, suicidal or threatening statements, change in personal hygiene, and memory. 1. Manager/Supervisor interviews employee, when possible. 2. Manager/Supervisor assesses magnitude of safety risk. Contact Human Resources for assistance. A. No Risk or Minor Risk: Keep detailed notes of events, including dates, time, circumstances. B. Significant Risk: i. Place employee on paid leave of absence pending Medical Evaluation (sick leave or paid administrative leave, depending on the situation). ii. Refer employee for Medical Evaluation. iii. Arrange for employee’s safe transportation home if situation warrants. C. Severe Risk: i. Contact police if necessary. ii. Place employee on paid leave of absence pending Medical Evaluation (sick leave or paid administrative leave, depending on the situation). iii. Refer employee for Medical Evaluation. iv. Arrange for employee’s safe transportation home. If, after the Medical Evaluation, the employee is determined not to be fit for duty, the employee may be offered a leave of absence if required under state or federal law or by LPVEC policy. Employees who are not fit for duty at the end of a leave of absence may be separated from employment. Employees whose physical or mental condition qualifies as a disability will be offered reasonable accommodations if those accommodations will permit the employee to safely perform the essential functions of his/her position without substantial risk of serious harm to self or others.
EMPLOYEE IMMUNIZATION & WORK EXCLUSION LPVEC does not require documentation of employee immunization; however, if an employee is exposed to a communicable infectious disease (i.e., Chicken Pox, Measles, Mumps, Rubella, Hep B, Varicella, etc.), the employee may be required to provide proof of immunity for the disease. If proof of immunity is not provided, the employee may be excluded from school/work for the recommended time period Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 51 recommended by the Department of Public Health. An employee diagnosed with a communicable disease must inform their Primary Care Provider (MD, PA-C, CNP) that he/she works in a school system. The employee must adhere to the doctor’s orders and guidelines for prescription and school exclusion set by his/her Primary Care Provider. If exclusion from the workplace is necessary, the employee must provide a written note from the Primary Care Provider with the exact dates for exclusion from work. The written note from the licensed professional must be provided to the Human Resources Department in order to be paid out of available Accrued Time for the exclusion period. Otherwise, the absences will be considered Not Approved and unpaid.
ASBESTOS HAZARD EMERGENCY RESPONSE (AHER) The Federal government has developed several laws and regulations designed to govern the use of asbestos and better protect the public. Pursuant to Federal Law 40 C.F.R. §763.84, the AHER management plan for the Lower Pioneer Valley Educational Collaborative is available for review in the school office during normal working hours. The LPVEC has assigned the Building and Grounds Work Foreman as the designated person to assure that its responsibilities pursuant to 40 C.F.R. §763.84 have been or will be met. Please contact LPVEC at 413-735-2200 with any questions.
WORKERS' COMPENSATION & SAFETY PROGRAM The provisions of the Massachusetts Workers’ Compensation Act cover all LPVEC personnel and premiums are paid by the LPVEC. It is the intent of the LPVEC and its workers compensation insurance carrier to establish and maintain a safety program conforming to the best practices in the industry. To be successful, our program must embody the proper attitudes towards injury and illness prevention on the part of management and employees. It also requires cooperation in all safety matters, not only between management and employees, but also between each employee and his/her fellow employees. Only through such a cooperative effort can a safety program in the best interest of all be established and preserved. Our objective is a safety program that will reduce the number of injuries and illnesses to a minimum. The joint cooperation of employees and management in observance of this policy is essential. Employees will be provided a safe and healthy work environment. Employees who are ill or injured on the job will receive assessment and/or treatment, if appropriate, in order to ensure recovery and a prompt return to work. This will be accomplished by: Affirmation efforts by management to prevent employee injuries; Prompt diagnosis and treatment of work-related illnesses and injuries; Timely submission and analysis of accident/injury reports; Workers' Compensation benefits will be provided in accordance with Massachusetts’s law. Every incident, accident or injury to employees (and all those directly witnessed by other employees) must be reported immediately NO MATTER HOW MINOR, so that workers compensation forms can be processed. The employee is responsible for initiating the process and must notify his/her supervisor of the accident. The supervisor is responsible for completing and monitoring the accident reporting process.
Workers’ Compensation Claim Procedure If a staff member is injured or becomes ill, supervisory personnel must follow the following procedure:
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1. Ensure that the employee is comfortable. 2. Seek proper medical attention and examination/diagnosis, if necessary, at the closest medical facility. If not an emergency, the HR representative handling workers compensation claims will direct you to a facility. 3. Call the LPVEC Office (speak with the Human Resources representative handling workers' compensation) to report the incident and have the necessary forms completed for LPVEC insurance purposes. THE INCIDENT MUST BE REPORTED TO THE OFFICE IMMEDIATELY. FORMS MUST BE COMPLETED WITHIN 24 HOURS OF THE INCIDENT. 4. Complete Staff Incident Report and Medical Authorization Form, sign and deliver the same to the LPVEC Central Office within 24 hours of the incident. 5. In all cases, the safety and comfort of the injured person is the first priority. In addition the injured employee is responsible for the following; If, as a result of your accident, you seek continued medical attention, you must notify the Human Resources representative handling workers' compensation at the LPVEC Central Office of the name and address of the physician/hospital providing treatment. If, as a result of your accident, you are going to be absent from work, you must follow the LPVEC Call-In Procedures policy. When you are calling the LPVEC office, you must indicate that your absence is due to a workers' compensation injury. The LPVEC may provide modified work (light duty), if available and appropriate, until such time as employees are able to resume their normal work activities. Physical examinations may be required when injuries involve first aid, but are required for medical treatment, musculoskeletal symptoms, or when the employee’s duties must be modified or restricted. Employees who are absent from work because of work-related injuries will be placed on FMLA leave if they are eligible for such leave. Employees who are not eligible for FMLA leave may apply for a reasonable accommodation in compliance with the Americans with Disabilities Act (ADA) within 10 days from the date of injury. Failure to apply for a reasonable accommodation within 10 days may result in voluntary resignation.
Workers’ Compensation Return To Work Program The LPVEC endeavors to return workers to employment at the earliest possible date following a work- related injury or illness. Accordingly, the LPVEC has developed a transitional work policy to enable employees who are incapable of performing their jobs because of work-related injury or illness to return to work in an alternate position. LPVEC defines transitional work as temporary, modified work assignments within the worker’s physical abilities, knowledge and skills. Where possible, transitional positions will be made available to workers who have been injured or who are sick because of work-related injuries or illness, in order to minimize or eliminate lost time. The LPVEC may elect to change any aspect of a transitional position such as working shift, location, etc., based on the needs of the company. LPVEC cannot guarantee a transitional position and is under no obligation to offer, create or encumber any specific position for purposes of offering transitional duty. The policy only applies to regular full-time and part-time employees who are not capable of performing their jobs as a result of work-related injury or illness and who are therefore eligible for and receiving workers’ compensation benefits. Transitional work is offered on a temporary basis only and is not considered a permanent adjustment to the employee’s job duties.
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ANTI-THEFT POLICY Stealing or attempting to steal from the LPVEC or from other employees will not be tolerated. Materials may not be removed from school premises without approval. The LPVEC reserves the right to define “materials” in specific instances but, generally, if it doesn’t belong to you, leave it on the premises. The LPVEC Anti-Theft Policy extends beyond “materials.” Falsifying timesheets is also considered theft. Stealing is grounds for immediate termination and possible criminal prosecution.
SOLICITATION AND DISTRIBUTION POLICY LPVEC wishes to provide a stable, calm environment to enhance the professional environment in which we serve our students. To ensure that there is no interference with this responsibility, to enhance a professional environment and to keep LPVEC’s facilities as clean, safe and litter free as possible, you must adhere to the following policy: Non-Employees Persons who are not employed by LPVEC are not permitted to distribute to post any material or to solicit employees for any purpose whatsoever on LPVEC’s grounds, or inside LPVEC’s premises at any time. Employees Each employee’s work deserves his/her full attention during scheduled working time. Therefore, no employee shall engage in the solicitation of another employee for any purpose, or in the distribution of any literature to another employee, if either employee is expected to be working at the time. No employee shall engage in the distribution of literature in any work area. When on free time or break time, employees may solicit as long as they do not solicit employees who are working. Free time such as break time or lunch time is not considered working time. No employee shall engage in the solicitation of any non-employee for any purpose, or the distribution of any literature to any non-employee at any time on LPVEC’s grounds, or inside LPVEC’s premises at any time. The Human Resources Department must be immediately notified in the event that any employee observes any unauthorized persons on LPVEC’s grounds, or inside LPVEC’s premises and/or the unauthorized distribution of any form of literature. Violations of this policy will result in corrective action up to and including termination.
BULLETIN BOARD POLICY
To maintain an effective avenue for communicating with our employees, the LPVEC maintains company bulletin boards. Bulletin boards are located throughout our facilities in areas that employees frequently visit in order to ensure that employees have constant access to posted information. LPVEC’s bulletin boards are used to communicate official government information on equal employment opportunity, wage and hour, health and safety, and other issues. They are also used to communicate information about LPVEC’s policies and its business announcements, including, but not limited to, job postings, safety rules, health items, benefit programs, and notices announcing special events. LPVEC’s bulletin boards may not be used by employees or outside parties for the posting of commercial notes and advertisements, announcements and witticisms, sales of personal property, or any other matters including those of a political nature, whether or not they are work related. Employees and
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 54 outside parties are also prohibited from distributing literature and soliciting other employees except as stated in LPVEC’s solicitation and distribution of literature policy. The Human Resources Department, which is responsible for keeping LPVEC’s bulletin boards up-to- date and attractive, must approve all postings. No employee may post any notice or other literature in the workplace, including bulletin boards, without prior approval by the HR Department.
PRIVATE BUSINESS ACTIVITIES Employees are prohibited from conducting private business during their regular working hours or using the LPVEC facilities or property in any way to transact private business. Violation of this policy will be grounds for corrective action up to and including termination.
POLITICAL ACTIVITIES Employees are prohibited from seeking support or contributions for political parties or candidates from employees, consumers or family members during regular working hours. No employee is authorized to use his/her professional association with the LPVEC for the purpose of affecting an election or nomination for office of any candidate for public office. Failure to abide by this policy will be grounds for corrective action up to and including termination.
INTERNET USE Internet use is a privilege, which is provided to staff and students to conduct research and support educational endeavors. Communications over the network are often public in nature; therefore, general rules and standards for professional behavior and communications will apply. School district network administrators and those responsible for managing the local area network may review files and communications to maintain system integrity and to ensure that staff members are using the system responsibly. Staff should not expect files stored on district servers to be private. The use of a password to access LPVEC computers does not guarantee a right to privacy in any information stored on or sent from or received by that computer. The following behaviors are not permitted on LPVEC or district networks: Sending or displaying offensive messages or pictures; accessing, transmitting, displaying, or using obscene language and material. Participating in any communications that facilitate gambling, the illegal sale or use of drugs or alc ohol, criminal gang activity or any other violation of the law. This includes threatening, intimidatin g or harassing any other person or engaging in “spamming” (“spamming” means sending annoyi ng or unnecessary messages to large numbers of people.) Engaging in any form of discrimination, including sexual harassment or harassment based on an y protected classification. Engaging in practices that threaten the integrity of the network (i.e., loading files that may includ e viruses.) Violating copyright laws. Using others’ passwords without express authorization. Trespassing in others’ folders, documents or files. Intentionally wasting resources.
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Employing the network for commercial purposes or financial gain. Violating regulations prescribed by the network provider. All information transmitted by, received from, or stored in LPVEC systems are the property of LPVEC. Therefore, no expectation of privacy in connection with the use of these systems or with the transmission, receipt, or storage of information on these systems should be expected. The use of a personal password does not give the employee a right of privacy in the information on the system. LPVEC may monitor the use of these systems at any time at its discretion. Such monitoring may include printing and reading all e-mail entering, leaving, or stored in LPVEC systems. Network administrators or their designee will report all inappropriate behavior to the employee’s supervisor and/or administrator who will take appropriate corrective action. Violations may result in a loss of access and/or corrective action up to and including termination and action as deemed appropriate consistent with the local, state, and federal law. When applicable, law enforcement agencies may become involved. (Children’s Internet Protection Act - April 20, 2001)
P ERSONNEL FILE Employee files are maintained by the Human Resources Department and are considered confidential. Managers and supervisors other than the Human Resources Department may only have access to personnel file information on a need-to-know basis. A manager or supervisor considering the hire of a former employee or transfer of a current employee may be granted access to that file. Personnel files may not be taken outside of the department. To keep necessary records up to date, it is MANDATORY that you notify the Human Resources Department of any changes in: Name and/or Marital Status Address and/or Telephone Number W-4 Deductions E-mail Address Person to contact in case of emergency Staff having changes with any of the above information must contact the Human Resources Department to obtain an Information Card or appropriate form. The updated Information Card or appropriate form must be returned within ten (10) days of the change to ensure proper notification to all departments. Personnel files are the property of LPVEC. You may review your personnel file or obtain copies of your file within five (5) business days of a written request. If you do not agree with any of the information in the file, then you may submit a written statement explaining your position, which will be included in the file. It is LPVEC’s policy not to release any information about you, other than the dates of employment and job title, to external sources without your prior written consent, except where such release is authorized or required by law.
CORRECTIVE ACTION GUIDELINES All corrective action will be determined on a case-by-case basis. The corrective action imposed will depend upon, but not be limited to, the seriousness of the misconduct and its impact on the LPVEC and its member districts. It is the LPVEC’s general policy to correct employee misconduct before it rises to the level requiring discharge. Accordingly, the LPVEC generally uses the following five-step, progressive corrective action process. Those steps consist of: (1) Verbal Warning, (2) Letter of Concern, (3) Written Reprimand, (4)
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Suspension without Pay, (5) Termination of Employment. LPVEC reserves the right to skip or omit steps as deem reasonable and appropriate based on the severity and frequency of the infraction under consideration, including opting for termination without prior corrective action where appropriate. Employees may provide a written rebuttal to any corrective action letter placed in their respective personnel file. All rebuttals are attached to corresponding corrective letters in the personnel file. LPVEC provides a communication channel for all complaints and grievances as follows: 1. Employees may appeal a decision by his or her supervisor or other administrator to the Executive Director. 2. Employees may appeal a decision by the Executive Director to the Board of Directors. 3. All hearings and complaints before the Chair of the Board are conducted in the presence of the administrator who made the decision that is the subject of the grievance. If suspended, exempt employees’ pay may be docked for full day absences in violation of LPVEC policy where permitted by the Fair Labor Standards Act.
COMPLAINT RESOLUTION PROCEDURE Misunderstandings or conflicts can arise in any organization. The Board of Directors encourages LPVEC staff to develop effective means of resolving differences that may arise among employees and between employees and administrators; reduce potential areas of grievances; and establish and maintain recognized channels of communication between the staff, administration, and Board of Directors. It is the Board’s desire that grievance procedures provide for prompt and equitable adjustment of differences at the lowest possible administrative level, and that each employee be assured opportunity for an orderly presentation and review of complaints and concerns. Most situations resolve themselves naturally; however, should a situation persist that you believe is detrimental to you or to LPVEC, you should follow the procedure described here: Step One: Discuss the issue with your Supervisor. If you don’t reasonably believe a discussion with your Supervisor is appropriate, you may proceed directly with Step Two. Step Two: Request a meeting with the Director of Human Resources, who will consider the facts, conduct an investigation, and review the matter with the Executive Director. You will normally receive a response regarding your concern within ten (10) working days of meeting with the Director of Human Resources. Step Three: If you are not satisfied with the results of Step Two and wish to pursue the complaint further, you may prepare a written summary of your concerns and request that the matter be reviewed by the Executive Director. The Executive Director, after a full examination of the facts (which may include a review of the written summary of your statement, discussions with all individuals concerned, and a further investigation if necessary), will normally render a decision within fifteen (15) working days. Step Four: If you are not satisfied with the results of Step Two and Step Three, you may pursue the complaint further by preparing a written summary of concerns and submitting it within 10 days from the Executive Director’s decision to: LPVEC Board of Directors, 174 Brush Hill Avenue, West Springfield, MA 01089. The summary will be presented to the Board of Directors at their next scheduled meeting. You may attend the meeting to appeal your case. Decisions by the Board of Directors are final.
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REHIRE POLICY The purpose of this rehire policy is to outline rehire eligibility of former employees who leave the LPVEC voluntarily and in good standing. For the purpose of this policy, “good standing” includes 2 weeks’ notice for resignation. Rehire means employing an individual who has left the LPVEC voluntarily and in good standing. The individual may be rehired in the same previously held position or in a different position as best meets the needs of the LPVEC and its member districts. All individuals rehired after voluntary resignation are considered new hires. The new appointment will commence on the first day the employee returns to work. Benefits, including medical insurance and retirement will be restored as soon as is practicable based on the rehire date. Vacation time (if applicable) and accrued time will be the same as for a new employee. The balance available on the termination date will not be restored and no time is accrued for the period of absence. A rehired employee, who voluntarily terminates less than two (2) years after the date of rehire, is ineligible for rehire in most circumstances. Subsequent employment of this individual will require full approval of the Board of Directors.
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COMPENSATION POLICIES
EMPLOYEE CLASSIFICATIONS & CATEGORIES The LPVEC has established various employment categories and levels of employment that affect compensation for its employees. The LPVEC will make an effort to inform employees of ways in which employment category affects such aspects of the employment relationship. The LPVEC classifies employees' eligibility for overtime in accordance with the federal Fair Labor Standards Act: Exempt employees are paid on a salaried basis and receive a pre-determined compensation regardless of the number of hours worked per week. Exempt employees are not eligible for overtime pay. Salaried Non-Exempt Employees may be regular full-time, regular part-time, part-time or temporary. Salaried non-exempt employees are paid on a salaried basis, regardless of hours worked. All hours worked over 40 per week will be paid overtime in accordance with federal and state law. Hourly Non-Exempt Employees may be regular full-time, regular part-time, part-time or temporary. Non-exempt employees are paid on an hourly basis, and will be paid overtime for all hours worked over 40 in a workweek, in accordance with federal and state law. Employees will be informed of their initial employment classification, level and status of exempt or non- exempt at the time of their job offer and/or during their orientation session. If the employee changes positions during employment as a result of a promotion, transfer or otherwise, the Human Resources Department will inform the employee of any change in their classification, level and/or exemption status. Any employee having questions about the employment category for their position should contact the Director of Human Resources. The LPVEC has a need for a variety of work schedules to satisfy the demands of the educational, transportation and business aspects of the LPVEC. The following is a description of the array of schedules that exist: Full-Time A Full-Time employee is hired for regularly established hours for a period of time in excess of nine months. Full-time employees are eligible for all benefits offered by LPVEC. The regularly scheduled work week hours for full-time employees are: Educational Staff – daily schedule of assigned program for 183 days per school year Administrative Office Staff – 37.5 hours to up to 40 hours per week Transportation Office Staff & Mechanics – 40 Hours per week (8 hours per day, 260 days per year) Transportation Drivers & Monitors – Hours assigned to a scheduled transportation run with a minimum of 20 hours per week (4 hours per day, 180 days per school year)
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 59 Part-Time Qualified A Part-Time Qualified employee is regularly scheduled to work 20 hours or more but less than full-time hours each week. Employees working 20 hours or more are generally eligible for most benefits offered by LPVEC. Part-Time Non-Qualified A Part-Time Non-Qualified employee is regularly scheduled to work less than 20 hours each week. Part- time non-qualified employees are not eligible to receive health and dental benefits, COBRA, retiree health coverage, health benefits for surviving spouse/family, tuition reimbursement, or enrollment in State or Teachers’ Retirement. Temporary A Temporary employee holds a position, either full-time or part-time, for a limited and specific time period, such as summer positions or casual labor. Temporary employees are not eligible for any benefits offered by LPVEC, except those mandated by state or federal law. Substitutes A Substitute is any person not assigned to a regular work schedule and is called to work on an “as needed” basis. Substitutes are not eligible for any benefits offered by LPVEC, except those mandated by state or federal law. Substitutes have no obligation to LPVEC to accept the work offered and LPVEC is under no obligation to offer any minimal number of hours or work assignments for any specified period of time. Teacher Substitutes Teacher Substitutes will receive $65.00 per day until 21 consecutive days, at which time the substitute is moved to the first step of the Bachelors pro-rated salary on a per diem basis if the substitute possesses a Bachelors degree or holds qualifications for certification regarding education and employment experience under 603 CMR 4.00. The Executive Director, at his or her discretion and for good reason, may decide to move a substitute to the Bachelor – Step 1 pay rate before the 21 days have expired or decide to pay a substitute at the Bachelor – Step 1 pay rate retroactive to the start of his/her substitute assignment if the assignment is long term, hard to fill, or for any other reason deemed advantageous to the quality of education provided to the students. Classroom or technical assistants who serve as a substitute teacher will receive an additional $20.00 per day for each day they substitute. This stipend pay will be prorated to $10.00 if the classroom or technical assistant is subbing for a half day. An existing assistant or aide resigning his/her position to be appointed as a long-term substitute will be granted continuation of health insurance benefits throughout the duration of that substitute appointment. Driver and Monitor Substitutes Substitute school bus drivers and school bus monitors who have worked a minimum of 540 hours (3 hours per day on average) in the previous school year will be entitled to the step increase upon reappointment. In order to remain on the substitute school bus driver or school bus monitor list each year, a minimum of 30 hours must be worked in the previous school year.
CALCULATION OF PAY Calculation of pay is based upon either the school-year or full-year work schedule as set by the Board of Directors. For each year of LPVEC employment, if hired on or before March 1, an employee may advance one salary step depending upon evaluation in the succeeding year.
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The LPVEC workweek begins on Sunday and ends on Saturday. The number of actual hours worked in each position is based on the specific job held by the employee. While actual work and program schedules may vary, the calculation of pay for classroom staff is based on the program schedule determined by the assigned school schedule. The calculation of pay for full-year staff will be based on 7.5 hours or 8 hours per day as determined by the employee’s position and assigned department. The 7.5 hour or 8 hour workday includes a mandatory unpaid lunch break of 30-minutes daily and two optional paid 15-minute breaks daily for Non-Exempt employees. Both lunch and breaks will be scheduled at times convenient to the workflow. A reduction in work schedule cannot be earned by working through lunch or through the break periods. The 30-minute lunch break must be taken daily. During the lunch break, no work activity can take place, and employees are permitted to leave the premises during this time. Non-Exempt workers are prohibited from working prior to scheduled hours, after scheduled hours and during lunch breaks. Non-exempt employees are prohibited from working at home without pre-approval by the supervisor. Non-Exempt employees who work more than 40 hours in a work week will be paid time and a half for each hour over 40. All overtime must be pre-approved by the employee’s supervisor and scheduled according to the business needs of the LPVEC. Exempt staff may not accrue and are exempt from overtime. Overtime is owed only if the non-exempt employee actually works more than 40 hours in a workweek. Absences from the workplace, whether because of leave, holidays, sick time, etc., are not considered hours worked for the purposes of calculating overtime, even when the employee has time off benefits to cover such absence for compensation purposes.
PRORATED SALARIES School-Year Staff – For the purpose of determining prorated (per diem) salaries and salary deductions resulting from absence, salaries will be calculated at the following rate: 1/183 rd of the annual salary unless otherwise mutually agreed to at the time of employment. Twelve-Month Staff – For the purpose of determining prorated salaries and salary deductions resulting from absence, salaries will be calculated at the following rate: 1/260th of the annual salary unless otherwise mutually agreed to at the time of employment. Other Salaries – All other salaries including administrative salaries and any persons not classified in any of the above listed categories will be set by the Board of Directors on an individual basis.
PAYMENT OF SALARY The LPVEC will issue checks on a bi-weekly basis. Paydays are usually every other Friday. If the normal payday falls on a LPVEC recognized holiday, paychecks will be distributed one workday prior to the aforementioned schedule. Under no circumstances will the LPVEC release any paychecks prior to the announced schedule. Checks are delivered by one of two options: 1. Delivered to the LPVEC interoffice mailbox located in the LPVEC Central Office (NOTE: Paychecks for transportation staff will be available at the employee’s assigned Transportation Office.) OR 2. Direct deposit to the employee’s personal checking or savings account. To activate direct deposit, the employee must complete a Direct Deposit Authorization form. This form is available from the Human Resources Department. The completed form must be returned with a Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 61 personal check, marked VOID, to the Human Resources Department. Due to banking requirements it may take several weeks for activation of the direct deposit. Hourly employees must submit their timesheet EVERY WEEK at the end of the workday on Friday to the assigned Transportation Office. Late timesheets may result in delayed compensation. Falsification of timesheets will not be tolerated and will be grounds for corrective action up to and including termination regardless of your status as a Non-Exempt or Exempt classified employee. If an employee’s marital status changes or the number of exemptions previously claimed increases or decreases, a new Form W-4 must be submitted to the Human Resources Department. SAFE HARBOR POLICY It is the LPVEC’s policy and practice to accurately compensate employees and to do so in compliance with all applicable state and federal laws. Review Your Pay Stub The LPVEC makes every effort to ensure our employees are paid correctly. Occasionally, however, inadvertent mistakes can happen. When mistakes do happen and are called to our attention, we will promptly make any corrections necessary. Please review your pay stub when you receive it to make sure it is correct. If you believe a mistake has occurred or you have any questions please use the reporting procedure outline below. Non-Exempt Employees If you are classified as a non-exempt employee, you must maintain a record of the total hours you work each day. These hours must be accurately recorded on a timesheet to verify that the reported hours worked are complete and accurate. Your timesheet must accurately reflect all regular and overtime hours worked, any absences, late arrivals, early departures and lunch break. On Friday of each week, you must submit your completed timesheet to your supervisor for verification and approval. Employees are prohibited from performing any "off-the-clock" work. "Off-the-clock" work means work you may perform but fail to report on your timesheet. Any employee who fails to report or inaccurately reports any hours worked will be subject to corrective action, up to and including termination. It is a violation of the LPVEC’s policy for any employee to falsify a timesheet, or to alter another employee's timesheet. It is also a serious violation of LPVEC's policy for any employee or manager to instruct another employee to incorrectly or falsely report hours worked or alter another employee's timesheet to under- or over-report hours worked. If any manager instructs you to (1) incorrectly, or falsely under- or over-report your hours worked; or (2) alter another employee's timesheet records to inaccurately or falsely report that employee's hours worked, you should report it immediately to the Human Resources Department. Exempt Employees If you are classified as an exempt employee you will receive a salary, which is intended to compensate you for any hours you may work for the LPVEC. This salary is established at the time of hire or when you become classified as an exempt employee. Exempt employees are required to maintain an accurate record of time worked. The completed record must be submitted monthly to your supervisor. To Report Concerns or Obtain More Information If you have any questions about deductions from your pay, please contact the Human Resources Department. If you believe you have been subject to any improper deductions or if your pay does not accurately reflect your hours worked you should immediately report the matter to your supervisor. If the supervisor is unavailable or if you believe it would be inappropriate to contact that person, you should immediately contact the Director of Human Resources, or any other supervisor in the company with
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 62 whom you feel comfortable. If you are unsure of whom to contact, or if you have not received a satisfactory response within five business days after reporting the incident, please immediately contact the Executive Director. Every report will be fully investigated and corrective action will be taken where appropriate, up to and including termination for any employee(s) who violate this policy. In addition, the LPVEC will not allow any form of retaliation against individuals who report alleged violations of this policy or who cooperate in the LPVEC's investigation of such reports. Retaliation is unacceptable, and any form of retaliation in violation of this policy will result in corrective action, up to and including termination. MILEAGE ALLOWANCE AND TRAVEL PERMISSION Staff using personal cars in the course of their duties shall be reimbursed at the rate determined by the Internal Revenue Service rate for business mileage. The starting and ending point of calculating mileage is from and to the employee’s assigned work location. Any reimbursement for travel outside of the member towns must be approved in advance on an individual basis on the Travel Authorization/Professional Meeting Approval Form. The forms are available in the office or on the LPVEC website. Daily mileage records must be maintained and must accompany original parking receipts, toll receipts, and other travel-related receipts when submitting for reimbursement. Expense reimbursement should be submitted to the LPVEC business office at the end of each calendar month and after obtaining supervisor approval, no later than 60 days after the date of travel. Mileage reimbursement requests greater than 60 days old will not be reimbursed. Where there are extenuating circumstances, the Director of Finance may approve reimbursement requests subsequent to the deadline. Staff submitting Mileage Allowance and/or Travel Permission items for reimbursement must submit accurate documents and requests. Falsification of any reimbursement request will be grounds for corrective action up to and including termination.
SCHOOL AND PERSONAL PROPERTY REPLACEMENT/RESTITUTION The LPVEC Board of Directors will authorize payment of the cost of replacing or repairing property of an employee such as eyeglasses, hearing aids, dentures, watches, or articles of clothing necessarily worn or carried by the employee, or vehicles when such items are damaged or stolen in the line of duty. Other personal property of employees or personal teaching aids belonging to the employee is not included. The maximum payment anyone can claim is $1,000 or actual cost, whichever is less in the case of vehicles, and $500 or actual cost, whichever is less, for other property. An employee is limited to a maximum annual claim of $1,000. Loss or damage must be reported to the Executive Director or Program Supervisor and, if appropriate, to the police as soon as the employee becomes aware of such loss or damage. Claim reports are available from the Director of Finance and should be forwarded through the Executive Director or Program Supervisor to the Director of Finance. Employee must seek reimbursement, and show proof of replacement or repair in the form of receipts. Employees will not be compensated for losses or damage for which compensation, wholly or partially, can be paid under the employee’s private insurance policy. This policy does not extend to student property.
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CALENDAR The LPVEC fiscal year is from July 1st through June 30th. A calendar for the current year will be distributed to all staff at the start of the fiscal or school year. The Executive Director must approve any arrangements, changes, or exceptions to the calendar.
STAFF PRESENCE Regular and reliable attendance is an essential function of each position at LPVEC. Failure to do so detrimentally affects employee morale and the services provided to our students and our member districts. Absenteeism or tardiness that is excessive or unauthorized in the judgment of the LPVEC is grounds for corrective action, up to and including termination of employment. Teachers and other instructional staff are required to be at their work stations 15 minutes before the class starts and to remain for 15 minutes after students depart. Program staff may never leave a student alone. Employees unable to report to work on time or will not be able to come to work at all must follow the Call-In Procedures in this Handbook.
ACCRUED LEAVE WITH PAY A limited amount of “Leave with Pay” time is provided for employees on an accrued monthly basis. Leave with Pay shall be used for the following purposes and no other: Sickness, Family Illness, Personal, Religious, and Bereavement as explained below. Having provided for these situations, it is important to remember that excessive absenteeism, tardiness and/or leaving early causes other employees within the organization to have to bear the burden of filling in for the absent employee. Full-time employees shall be entitled to accrue 1.5 days of Leave with Pay per month of employment. Full-time, school year employees will accrue a maximum of fifteen (15) days per year. Full-time, full-year employees will accrue a maximum of eighteen (18) days per year. Part-time employees accrue Leave with Pay at the rate of 1.5 days per month multiplied by the percentage of the full-time schedule worked. Using accrued time for a purpose other than that intended constitutes abuse. Abuse of accrued time shall warrant corrective action up to and including termination. Unused Leave with Pay may be carried over each year to a maximum of 212 days (pro-rated for part- time employees). Employees will not be paid for absences exceeding the available Leave with Pay accrual amount. School-year employees employed during the summer will not accrue Leave with Pay during the months of July and August. Any Accrued Leave with Pay on account will not be paid to school-year employees for absences during the summer, except for Jury Duty.
CLARIFICATION OF ABSENCE AND TARDY An EXCUSED absence in accordance with this policy is an absence for: bereavement, military obligation, jury duty, administrative suspension, extended sick leave, Board approved leave of absence, FMLA/Parental Leave/ADA/SNLA related-qualified/approved absences under LPVEC policy, and approved vacation time. All other absences, while they may be explained, shall be considered UNEXCUSED.
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Employees having UNEXCUSED absences in excess of 10% of scheduled workdays in a 12-month moving calendar will be considered EXCESSIVE and will subject the employee to corrective action up to and including termination. Poor attendance is considered a performance issue and the type of warning received will depend on any other active warnings for conduct and/or performance. Even when the absence is paid, the time missed shall still be considered for purposes of the attendance policy. Excessive tardiness or excessive absences will result in corrective action up to and including discharge. Employees who receive corrective action under our Corrective Action Plan for UNEXCUSED absences will also receive specific information about their absences (the exact percentage of missed work time in a 12-month rolling period) which they may use to understand their attendance standard. Upon the next absence exceeding 10% of scheduled workdays in a 12-month moving calendar, additional corrective action may be taken. Any NO CALL/NO SHOW is considered grounds for immediate corrective action. Any absence of three consecutive working days, without proper notice provided to the LPVEC, will be considered a voluntary resignation of employment. All employees are obligated to report to work on time. Employees not at their work site ready to work at the scheduled time are considered to be late. Tardiness, regardless of whether it is at the beginning of the scheduled work day or upon return from lunch, is a separate unauthorized absence. The full period of time between the scheduled reporting time and the actual reporting time shall be charged against the employee (e.g., an employee whose starting time is 8:00 a.m. who reports to work at 8:01 a.m. is considered late.) Tardiness shall be classified as "excused" or "not excused" by the employee’s supervisor. Tardiness will be checked quarterly. Unexcused tardy occurrences in excess of the 10% working days in each quarter will be consider excessive and subject to corrective action up to and including termination. The quarters when tardiness will be checked are September through November, December through February, March through May, and June through August. Failure to sign-in, fob-in, or punch-in will be considered as a tardy incident unless the employee notifies their supervisor of the incident prior to the employee’s scheduled start time, which would then be considered excused. The supervisor is responsible of notifying HR of each excused occurrence. Excused tardiness shall not be charged against the employee. Tardiness caused by a verified major failure of public transportation, such as a widespread or total power failure of significant duration or other catastrophe of similar severity shall be excused.
ABSENCE CALL-IN PROCEDURE Employees who are ill, tardy or need to take unscheduled absence in an emergency situation must make two phone calls to LPVEC: 1. You must contact your direct supervisor/program supervisor for the purpose of arranging for a substitute. Speak with your supervisor for instructions on the best method of contact. 2. You must notify the LPVEC Central Office at 413-735-2200. You may leave a message in the LPVEC general voice mailbox before the Central Office opens at 8:00 a.m. Your call must include your name and the reason for your absence. If no reason is given, the absence will be charged against your personal time allowance. Notification by text message or email will not be accepted as adequate notice according to this policy unless previously approved by your supervisor. No other individuals can accept calls regarding absence or tardiness, and the LPVEC will not acknowledge any call or message placed with any other party, employee or department. Employees are responsible for contacting the LPVEC personally, unless under extreme circumstances where the employee is unable to do so. CALLS WILL NOT BE ACCEPTED FROM SPOUSES OR FAMILY MEMBERS EXCEPT FOR AN EXTREME EMERGENCY.
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 65 Failure to notify the LPVEC as outlined above at least one (1) hour prior to the employee’s starting time (two (2) hours notice for school bus drivers and monitors), without proper justification, may subject the employee to loss of pay and/or corrective action, up to and including termination. Failure to notify the LPVEC of absence for three consecutive workdays will be considered job abandonment and may constitute termination of employment. Should an employee leave work during the school day (due to illness, doctor's appointments, etc.), they need to call their Supervisor and notify the LPVEC Central Office at the time of departure and at their return (if applicable). An employee on an approved leave of absence and who has provided appropriate documentation is not required to call in his or her absence on a daily basis while covered by the documentation. Absences due to illness of five (5) consecutive workdays will require medical documentation received by your supervisor prior to the employee’s return to work. Medical documentation will also be requested if the employee asks for a reasonable accommodation because of a physical or mental impairment that could meet the definition of disability under state or federal law, if the disability is not obvious. Absences due to illness or doctor’s appointment before or after holidays or school vacations will require a physician’s certificate submitted to the Human Resources Office in order to use accrued time. The LPVEC reserves the right to request a physician’s note to substantiate the reason for any absence. Failure to submit physician certificates as outlined above are considered Not Approved absences and will subject the employee to loss of pay and/or corrective action, up to and including termination.
EMPLOYEE REQUEST FOR LEAVE FORM Employee Leave Request Forms must be submitted to the employee’s supervisor at least TWO WEEKS IN ADVANCE, except in extraordinary, unanticipated, or emergency situations. The supervisor’s signature on the form indicates receipt of the form, not approval of requested time. Any hours of work that are missed for these reasons WILL BE deducted from your accrued Leave with Pay account: Sickness, Family Illness, Personal Leave, Religious Holidays, and Bereavement. Absences that WILL NOT be deducted from your accrued Leave with Pay account include Military Leave, Jury Duty, approved Professional Development, and LPVEC Court Leave. Requests for time off will be either “Approved” or “Not Approved”, by the Executive Director or HR Director, based on company policy, accrued time earned, and the company’s ability to replace an absent worker. LPVEC reserves the right to “Not Approve” absences when it is in the best interest of the organization to do so, i.e., ample coverage not available, ample notice not given, etc. When an absence is “Not Approved”, employees are expected to be at work. Failure to be present at work for a “Not Approved” absence will result in corrective action up to and including termination. If you do not take time that you have requested, you must submit written notice to the Director of Human Resources indicating so. FAILURE TO DO SO COULD RESULT IN LOSS OF PAY OR LOSS OF EARNED DAYS. PLEASE NOTE: Falsifying an Employee Request for Leave Form will subject the employee to loss of pay and/or corrective action up to and including termination. SICK TIME Sick time is to be used for an employee’s own illness or for an employee’s own doctor’s appointments or medical testing. Medical documentation from a physician may be requested unless the absence is related to the employee’s previously approved Family and Medical Leave (FMLA). The use of sick time will be deducted from Leave with Pay.
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FAMILY ILLNESS Family illness may be used to care for an immediate family member or to take an immediate family member to a doctor’s appointment. Immediate family shall include a spouse, child, parent, sister, brother, grandparent, parent of spouse, brother-in-law, and sister-in-law. Medical documentation from a physician may be requested unless the absence is related to previously approved Family and Medical Leave (FMLA). The use of family illness will be deducted from Leave with Pay. PERSONAL DAYS Two days of Leave with Pay per year may be taken (three days for full-year staff) for personal business which otherwise cannot be conducted outside of normal work hours. Personal days are not intended for and may not be used for vacation purposes. Personal leave will be deducted from Leave with Pay. Any unused personal time will be added to the employee’s sick leave for use in subsequent years. Employees must be present at work on the work days that occur immediately before and after the requested personal time in order to be eligible for Personal Day pay. Requests for personal leave days before and after holidays, school vacations, or leave of absences will not be granted except in rare cases of extreme emergency. The Board of Directors must approve all exceptions. Unauthorized absences before/after holidays, school vacations, and leaves of absence will result in corrective action up to and including termination or may be deemed as a voluntary resignation (job abandonment) if three or more consecutive days are incurred. Personal time without pay will not be approved when accrued personal time is available. RELIGIOUS HOLIDAYS Leave with Pay may be used for religious holidays. An explanation for the religious holiday absence must be provided on the request form. Additional documentation may be required. Religious holidays will be deducted from Leave with Pay. BEREAVEMENT Up to three (3) days of Leave with Pay shall be allowed for each death in the immediate family. Immediate family shall include a parent, sister, brother, grandparent, spouse, child, parent of spouse, brother-in-law, and sister-in-law. Proof of death and relationship to the deceased may be required. Bereavement time will be deducted from Leave with Pay. JURY DUTY Upon receipt of notification from the state or federal courts of an obligation to serve on a jury, the employee should complete and submit a Leave Request form and attach a copy of the jury summons. Upon completion of your jury term, please submit verification of days served (received in your mail) to the Central Office. Jury duty will not be deducted from Leave with Pay. The LPVEC will pay your regular wages for the first three days that you are on jury duty in state court. For jury service in federal court or for jury duty longer than three days, the LPVEC will pay the difference between jury duty pay and your regular day’s pay for each day spent serving on jury duty. To receive this extra pay, employees must submit a copy of their jury service compensation check to the Human Resources Department. This amount will then be deducted from the employee’s regular paycheck and the balance paid to the employee. Extra pay for jury service is limited to a total of three weeks in a calendar year. COURT LEAVE Employees, who are summoned on behalf of the LPVEC as a witness, shall be granted court leave with pay and will not have this time deducted from accrued Leave with Pay. Please submit a copy of your summons from the court along with your leave request. If any applicable witness fees, exclusive of Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 67 travel allowances, amount to less than the employee's regular rate of compensation, he/she shall be paid by the LPVEC an amount equal to the difference between them. Court leave without pay shall be granted when an employee appears as a plaintiff, defendant, or for non-subpoenaed court appearance in personal litigation having no connection with his/her position as an employee of the LPVEC. Documentation for court leave must be submitted with the request form.
VACATION TIME – 12-Month Employees Year-round administrative staff is entitled to ten (10) days vacation during the first year of service to be accrued on a monthly basis. Upon each additional year of service, one (1) additional day will be added to the total vacation days accrued to a maximum of twenty (20) days accrued per year. Upon twenty (20) years of continuous service, administrative staff will be entitled to twenty-five (25) days of vacation accrued on a monthly basis. Part-time and full-year administrative staff are entitled to monthly accrual of vacation time as per the full- time, full-year staff, and then multiplied by the percentage of the full-time schedule worked. Employees hired after July 1st of a year will be entitled to vacation days on a prorated basis. Requests for vacation days must be submitted in advance for approval by the Executive Director or appointed designee. Requests for vacation time must be submitted to your supervisor on an Employee Request for Leave form with as much advance notice as possible. Employees who have not taken all their accrued vacation may carry over ten (10) days per year but may accumulate no more than 25 days of carried-over vacation, unless otherwise stated in the employee’s employment agreement. All other vacation time must be used by the end of LPVEC’s fiscal year, June 30. If vacation time is not taken by June 30 and is not eligible for carry over, any remaining unused vacation time will be forfeited. Academic year staff, including some transportation and administrative staff, are not entitled to accrue vacation time. Instead, these employees are entitled to all scheduled vacations and holidays as determined by the academic calendar for the school district in which they work.
HOLIDAYS Administrative employees who are employed on a twelve-month, year-round basis will be paid for all legal and LPVEC recognized holidays occurring within the months that they work. Any additional paid holidays will be established annually. Where a holiday falls on a weekend, it will be observed on either the preceding Friday or following Monday. Part-time administrative staff will be entitled to holiday pay based on a pro rata basis.
SNOW D AYS When the Executive Director determines that programs must be closed due to snow or inclement weather, announcements will be made through the media. The announcement of programs cancellation applies only to sites where children are normally assigned. Central Office and other administrative offices will remain open unless specifically closed by the Executive Director. If an employee is unable to report to work, the absence will be treated as personal or vacation time. Each employee should follow the Absence Call-In Procedure if the employee cannot report to work due to the weather.
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LEAVE OF ABSENCE
A Leave of Absence (LOA) is defined as a paid or unpaid approved absence from work for a specified period of time for medical, parental, military or personal reasons. (NOTE: LOA categories are explained below). If an employee finds that he or she must be out of work for more than three days, he or she should contact the Human Resources Department to determine if a LOA may be necessary. While on LOA, an employee must contact the Human Resources Department at least every 30 days; failure to do so may result in voluntary resignation. Failure to return to work upon the expiration of LOA or refusing an offer of reinstatement for which the employee is qualified may also result in voluntary resignation. No leaves of absence, with or without pay, will be granted for employees’ vacation plans, as adequate vacation time is afforded employees during scheduled breaks in the school year. A LOA will not be granted to allow an employee time off to seek employment elsewhere or to work for another employer. Employees who start employment elsewhere while on LOA will be considered to have quit voluntarily, except military reserve duty. Required Documentation All requests for a LOA must be made on an Employee Request for Leave form accompanied by a written explanation by the employee for the reason of the request. If request is for a medical need, documentation from a physician is required and must be attached to the request form. All documents must be submitted to the employee’s immediate supervisor. The Employee Request for Leave form can be obtained from LPVEC Central Office. An employee must provide 30 days’ advance notice when the need for the leave of absence is foreseeable, for example, if medical treatments or other events are planned or known in advance. If the LOA is not foreseeable, the employee must provide notice to his or her immediate supervisor as soon as practicable. Approval The Director of Human Resources will review the request and determine eligibility for a LOA. The employee will be notified as to whether the request was approved and if the leave is being designated as FMLA leave. Job Benefits The LPVEC will pay its portion of the cost of the employee’s benefits including health insurance benefits while an employee is on an approved FMLA or other paid approved LOA including Parental, ADAAA, Military, Small Necessities or Peace Corps LOA up to the maximum length of leave; the employee must continue to pay his or her portion of the benefits. Benefits payments may be made by payroll deductions (when applicable) or by submitting a check monthly to the Human Resources Department, unless other arrangements have been made. After the maximum leave time allowed or when the LOA becomes unpaid, employees will be offered COBRA coverage. If the employee fails to pay his or her premium for more than 30 days, the employer’s obligation to continue healthcare coverage ceases upon 15 days written notice. The LPVEC endeavors to return workers to employment at the conclusion of a LOA; however, the LPVEC is under no obligation to offer, create or encumber any specific position for purposes of a return to duty except as required by state and federal law. No vacation time or Leave with Pay will accrue while an employee is on an unpaid LOA. Time on a LOA, except as otherwise provided by law and except for military reserve duty, will not be counted as Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 69 time employed in determining an employee’s eligibility for benefits that accrue on the basis of length of employment. TYPES OF LEAVE
FAMILY AND MEDICAL LEAVE (FMLA) The LPVEC complies with all requirements of the Family and Medical Leave Act (FMLA). While FMLA provides up to 12 weeks of unpaid, job-protected leave, LPVEC policy requires employees to use available paid time including all accrued and vacation available during the employee’s FMLA leave. FMLA provides leave to eligible employees for the following reasons: For incapacity due to pregnancy, prenatal medical care or child birth; To care for the employee’s child after birth or placement for adoption or foster care; To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; For a serious health condition that makes the employee unable to perform his or her job. Military Family Leave Entitlements -Qualified Exigency Leave Eligible employees with a spouse, son, daughter, or parent on active duty or who has been notified of a call to covered active duty in the US Armed Forces, whether as a member of a regular component of the Armed Forces or as a member of the National Guard and Reserves 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. -Military Caregiver Leave FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. For purposes of this leave, an eligible employee includes the service member’s parent, spouse, son or daughter, or nearest blood relative, or individual designated as next of kin in writing by the service member. A covered service-member is: 1. a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service-member medically unfit to perform his or her duties for which the service-member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list; or 2. a veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness if the veteran was a member of the Armed Forces at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. For the purposes of Military Caregiver Leave, a serious injury or illness means: 1. a serious injury or illness that was incurred by the member in line of duty on active duty; or 2. a serious injury or illness that existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.
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Benefits and Protections During FMLA leave, we will maintain your health insurance coverage on the same terms as if you continued to work, if you have indicated your intent to return to work at the end of your FMLA leave. Arrangements to pay the employee share of such benefits must be made by contacting the Human Resources department. If you do not return to work upon the completion of your FMLA leave, the LPVEC may recover the cost of any payments made to maintain your health insurance coverage, unless the failure to return to work was for reasons beyond your control. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of FMLA leave. Employees who return to work on or before the expiration of their FMLA leave will be restored to their original or an equivalent position with equivalent pay, benefits, and other employment terms. Employees on FMLA leave are, however, not entitled to any greater rights than they would otherwise have been entitled, had they continued as active employees at the LPVEC. Some key employees may not be entitled to reinstatement at the conclusion of their FMLA leave. Key employees will be notified of their status as such at the time of their leave request. Eligibility Requirements Employees are eligible for FMLA if they have been employed for the LPVEC for a total of 12 months and have worked at least 1,250 hours during the 12 months prior to the start of the requested leave. 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 employee from performing the functions of the employee'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, incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may also meet the definition of continuing treatment. Use of Leave An employee 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. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations. Intermittent leave is not, however, available to care for a child during the first 12 months after the birth, adoption, or placement in foster care. Leave due to qualifying exigencies may also be taken on an intermittent basis. If you use intermittent leave, you must comply with our regular call-out procedure for each day on which you are absent, including specifically referring to the FMLA- qualifying reason for the leave. Substitution of Paid Leave for Unpaid Leave Employees eligible for FMLA leave must use accumulated paid leave concurrently with their FMLA leave until all such paid leave is exhausted.1 Employees must comply with the LPVEC’s normal paid leave policies. The Leave Year
1 Note: If the employee is receiving compensation from another source, such as workers compensation or short term disability benefits, the employer may not require exhaustion. Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 71 The LPVEC has designated a rolling leave year, which determines FMLA leave eligibility by reference to the amount of FMLA leave taken during the twelve months immediately preceding the request for FMLA leave. This “rolling” leave year does not apply to Military Caregiver Leave. The leave year for Military Caregiver Leave is a single 12 month period that begins on the first day of the employee’s leave. Employee Responsibilities Employees 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 employee must provide notice as soon as practicable and generally must comply with an employer's normal call-in procedures. Employees must provide sufficient information for the LPVEC 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 employee is unable to perform job functions; a covered 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 Qualified Exigency or Military Family Leave. Employees also must inform the LPVEC if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave. Employees may be required to provide a fitness for duty statement before they return after a FMLA leave for their own serious health condition. If you will be required to provide this statement, you will be notified at the time that your leave is approved. “No Moonlighting” Absent extenuating circumstances, employees who are taking FMLA leave for their own or a covered family member’s serious health condition or to care for a child after birth, adoption, or placement in foster care are not permitted to work for any other employer while on FMLA leave from their job with the LPVEC. Employees who accept employment with other employers while on FMLA leave from the LPVEC will be considered to have voluntarily resigned their employment and will not be eligible for reinstatement at the end of their previously approved leave. Additional Employer Responsibilities The LPVEC will also comply with the FMLA by not: Interfering with, restraining, or denying the exercise of any right provided under FMLA; Discharging or discriminating against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. FMLA Questions and Concerns If you have any questions about your FMLA rights or responsibilities or if you disagree with a decision we make regarding FMLA leave entitlement, please contact Human Resources to resolve your concerns as soon as possible. Enforcement To enforce rights under the FMLA, an employee 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 that provides greater family or medical leave rights. Please consult Human Resources for any additional information relating to FMLA leave.
PARENTAL LEAVE
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Full-time employees, who have been employed for a period of three months, are entitled to eight weeks of unpaid leave for the purpose of giving birth; for the placement of a child under the age of 18, or under the age of 23 if that child is physically or mentally disabled; or for the placement of a child with an employee pursuant to a court order.
To be eligible for this leave, the employee must give LPVEC at least two weeks’ notice of the anticipated date of departure and the employee’s intention to return to work at the end of the leave or, if delayed notice is beyond the employee’s control, as much notice as is possible.
Parental Leave is unpaid, but employees may use their accrued paid sick, vacation, or personal time in order to receive pay during this leave, if they wish to do so. To use this time, the employee must submit the request in writing to the Human Resources Department prior to taking the leave. At the conclusion of Parental Leave, employees will be restored to their previous or a similar position unless business conditions have eliminated their position or restructured their job in their absence.
Parental Leave will run concurrently with FMLA leave if the employee is eligible for such leave. During the period of this leave, no vacation leave is accrued. Health insurance coverage will continue during this leave time, as described in this Handbook for active employees. Other benefits resume as of the date the employee returns to full-time employment.
If both parents are employed by LPVEC, they, together, will be eligible for a total of eight weeks. Employees who take more than eight weeks of leave will not be guaranteed reinstatement unless otherwise required by state or federal law. Questions about Parental Leave may be addressed to the Human Resources Department.
DOMESTIC VIOLENCE LEAVE All employees are permitted to take up to 15 days of unpaid leave per year to address any needs resulting from incidents of “abusive behavior,” which include domestic violence, sexual assault, stalking, and kidnapping. Domestic violence includes physical, mental, and sexual abuse, including threats by persons with specific relationships to the employee or the employee’s family member.
Employees must use all vacation leave, personal leave, and sick leave available to the employee before becoming eligible for leave under this law.
The employee cannot be the perpetrator of the abusive behavior, and the victim must be the employee, or have one of the following relationships to the employee: spouse, parent or step-parent, child or step- child, sibling, grandparent, grandchild, person with whom the employee cohabitates, or person with whom the employee has a child in common.
An employee may only take this leave in order to address issues directly related to the abusive behavior, including but not limited to seeking professional treatment, securing housing, and engaging with law enforcement officials.
The employee must give advance notice pursuant to the LPVEC leave policy, except in cases of imminent danger to the employee or covered family member. In cases of imminent danger, the employee has three (3) work days to notify the employer of the need for leave under this policy.
LPVEC may require documentation as specified by the law before allowing or recognizing time off as leave under this law. For scheduled absences, the employee has 30 days after the leave terminates to
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After taking leave under this law, the employee has the right to the same or an equivalent position, as well as all accrued benefits, as they existed on the last day before taking leave. Additionally, LPVEC may not interfere with or retaliate against the employee’s valid exercise of these rights. Any questions regarding your rights should be direct to Human Resources at 413-735-2200.
MILITARY LEAVE Any LPVEC employee who voluntarily or involuntarily performs duty in the uniformed services of the United States, e.g. the Army, Navy, Marine Corps, Air Force, Coast Guard, Public Health Service commissioned corps and each of the respected reserve components are covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA protects employees’ seniority-related rights and benefits. Appropriate military leaves of absence, benefits and reinstatements will be granted pursuant to state and federal law. Employees who are considering or who have been called to service in the uniformed services should contact Human Resources for further details and obligations regarding Military Leaves.
SMALL NECESSITIES LEAVE ACT LPVEC employees who meet eligibility requirements for FMLA leave are also eligible for additional unpaid leave under the Small Necessities Leave Act (SNLA). The SNLA provides up to 24 hours of unpaid leave for eligible employees for the following reasons: 1. To participate in educational activities of their children; 2. To take a child to a routine medical appointment; or 3. To accompany an elderly relative to a routine medical appointment or to appointments for other professional services related to the elder’s care. If the need for this leave is foreseeable, the employee must give 7 days’ notice before the date the leave is to begin. If the need for the leave is unforeseeable, the employee must give as much notice as possible under the circumstances. Employees taking SNLA time off are required to use paid leave during their absences, if available.
PEACE CORPS Consistent with Ch. 71, Sec. 41B M.G.L., any LPVEC teacher who serves in the Peace Corps of the United States shall be entitled to an unpaid leave of absence, with no reduction of earned benefits, during their term of service. Upon completion of their term of service, such teacher shall be restored to the previous or similar position, at the same pay level, length of service credit and benefits as of the date of said leave. Teachers who wish to continue their group health or dental insurance will be responsible for payment of 100% of the applicable insurance premium on the first day of each month, during the leave of absence.
MEDICAL LEAVE Employees who are not eligible for Family and Medical Leave and who are absent for work because of their own physical or mental impairment that substantially limits a major life activity and is not minor in nature may be entitled to a job-protected Medical Leave of Absence. If an employee applies for and is granted a Medical Leave of Absence, the employee will be reinstated to the employee’s previous job at the end of that leave, unless changed business circumstances make reinstatement impossible or an undue hardship to the company.
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Employees who are seeking a Medical Leave of Absence will be required to provide medical documentation of their need for the leave and a return to work date and may be asked to provide updates during the course of their Medical Leave. Prior to returning to work, employees on a Medical Leave of Absence will be required to provide a medical note attesting to their fitness for duty and describing any restrictions that may apply to their ability to perform the essential functions of their position, together with any accommodations that might be necessary to permit them to perform those essential functions.
Employees on a Medical Leave of Absence will be required to exhaust all paid leave, including vacation and accrued time, while on their leaves of absence. After the employee has exhausted his or her paid leave, any additional leave will be unpaid, unless the employee qualifies for Workers Compensation benefits. The LPVEC will not pay its share of the employee’s health insurance premium during an unpaid Medical LOA leave. The employee will be offered COBRA coverage and the employee will be responsible for payment of the full premium.
COMPASSIONATE CARE LEAVE The LPVEC recognizes that there may be occasions when employees are required to be away from work to care for a gravely ill or dying family member. In order to support those employees, the LPVEC, on request, may provide a leave of absence up to a maximum of eight weeks in a rolling twelve-month period from the first date of requested leave. This policy will apply if the employee’s need for leave is not covered under any other LPVEC policy. This policy applies to all LPVEC regular employees who have worked at the LPVEC for one year or more. The leave may be taken on an intermittent basis depending on the specific needs of the employee or employee’s family member. If two or more LPVEC employees take Compassionate Care Leaves to care for or support the same family member, the total of the leaves taken by those employees shall not exceed eight weeks in total. Employees on Compassionate Care Leave will be required to exhaust all available paid leave while they are on Compassionate Care Leave. An employee who wishes to take Compassionate Care Leave must request such a leave in writing from Human Resources. If it is imperative that an employee begin the leave urgently, the employee must advise Human Resources as soon as possible after beginning the leave. A completed “Medical Certificate for Compassionate Care Leave” is required in addition to the written request for the Leave. This form is available from Human Resources and the LPVEC website. The medical certificate is proof that an ill family member needs care or support and is at significant risk of death within 52 weeks. The certificate must be completed and signed by a medical doctor or another medical practitioner authorized to treat the gravely ill person. The earliest an employee may start the leave is the first day in the 52-week period identified on the medical certificate. An employee may not remain on Compassionate Care Leave after the earlier of the following dates: 1) the day in which the family member dies, or 2) the last day in which the 52 week period ends. In some circumstances, another form of unpaid Leave of Absence may be available to employees who require additional time off work. See the Leave of Absence section of the handbook for details or contact Human Resources. An employee must provide 48 hours’ notice to Human Resources and his or her supervisor if he/she wishes to return from the Compassionate Care Leave earlier than the expected return date. An employee who returns from Compassionate Care Leave will return to the position held prior to
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 75 commencing the leave and is entitled to the same pay and benefits received before commencing the leave. While the employee is on Compassionate Care Leave, the employee will be responsible for paying the full amount of his/her health insurance benefit premium once accrued time has been exhausted. Human Resources will provide a payment schedule to the employee at the beginning of his/her leave. If the family member dies while the employee is on leave, the employee is required to notify Human Resources as soon as possible. The Compassionate Care Leave expires on the date of the death and the employee is then eligible for Bereavement Leave in accordance with LPVEC policy. If an employee takes Compassionate Care Leave for a family member and the family member does not die within the 52 week period, the employee may be eligible for another type of Leave as allowed by LPVEC policies. For the purpose of this policy, “Family Member” is defined as the employee’s spouse (including same sex spouse), a parent, or step-parent or foster parent of the employee, a sibling of an employee, or a child, or step-child of the employee or the employee’s spouse.
BOARD APPROVED UNPAID LOA An employee may request a Board Approved unpaid LOA for up to one year. The approval of this request will be at the sole discretion of the Board of Directors. At the very minimum, the employee must provide the reason necessitating the request, the length of time requested, and show evidence of his/her commitment to return to work at the conclusion of the leave. Benefits will not be earned during the leave. All benefits earned prior to the leave will remain intact during the leave with resumption of earnings upon return to work. The LPVEC will not pay its share of the employee’s health insurance premium during an unpaid Board Approved leave. The employee will be offered COBRA coverage and the employee will be responsible for payment of the full premium.
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BENEFITS Eligibility for LPVEC benefits will comply with state and federal regulation and guidelines. Generally, employees must work a minimum of 20 hours to be eligible.
MEDICAL INSURANCE The LPVEC carries three group health insurance plans: Network Blue New England HMO (sponsored by Blue Cross/Blue Shield of Massachusetts), Health New England HMO, and Tufts EPO. The LPVEC presently pays 70% percent of the premium for the plan selected for either individual or fam ily coverage; the remaining amount (30%) is deducted from the employee's pay. LPVEC employees, meeting the 20-hour minimum requirement, are eligible to join any health and/or dental plan on the first day of the month following their date of hire or during the open enrollment period of June 1st – June 30th each year. To be added to a plan at any other time, the enrollment application must be submitted to the insurance underwriter for approval along with documentation proving loss of coverage from another plan or other qualifying event. Employees may enroll children on their family policy until the child reaches age 26. Both married and unmarried adult children qualify for this dependent coverage, regardless of whether the adult child has an offer of coverage through his or her employer. In all instances, where there may exist a discrepancy between the benefits information conveyed in our handbook and the Summary Plan Descriptions issued to employees upon enrollment, plan descriptions shall be the governing document. When an employee resigns from LPVEC, the health insurance coverage will end on the first of the month following the date of resignation unless the employee chooses to continue coverage under COBRA. School year employees who complete the school year before resigning may be carried on LPVEC until September 1 if all premiums owed by the employee have been paid to LPVEC through payroll deductions.
FITNESS CLUB REFUND The LPVEC health insurance plans offer a refund up to $150 if you are actively enrolled in a fitness club for a minimum of three months. Forms are available from the Human Resources Department or by contacting the Customer Service telephone number on your health insurance card.
PRESCRIPTION DRUG PROGRAM Employees enrolled in a LPVEC group health insurance plan are eligible to save money on selected regularly used maintenance prescription medications by purchasing them from My Medication Advisor. These prescription medications are FREE (zero co-pay) to you and your covered dependents. To learn more, call the HelpLine toll-free at 877-467-3113 or log-on to myMedicationAdvisor.com.
DENTAL INSURANCE LPVEC offers a voluntary group dental plan (Blue Cross/Blue Shield Dental Blue). Employees are responsible for 100 percent of the premium. For plan details, contact the Human Resources Department.
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COBRA – CONTINUED MEDICAL COVERAGE Employees, their spouses and dependent children may continue Medical coverage at times when coverage would normally end. Qualifying events that allow employees and their dependents to continue coverage include termination (except where the termination is for “gross misconduct”), resignation, change in job status (including personal and military leave of absence), reduction in the number of hours worked below the 20 hour weekly minimum, disability, death of the employee, divorce, or loss of dependent status. The length of time that COBRA coverage will continue may vary depending upon the circumstances. For additional details concerning COBRA coverage, see the Human Resources Department. The employee must be carrying LPVEC health coverage at the time of a qualifying event in order to continue coverage. The person continuing coverage will be required to complete an enrollment form and pay 102% of the total monthly premium for the type of coverage to be continued. The provisions of the plan are identical to the provisions of the active plan. If notice of COBRA election is not made within 60 days, COBRA eligibility will be forfeited. It is the employee’s responsibility to submit the enrollment form for continuing coverage. Enrollment is not automatic. If continuation coverage is not elected, the group insurance coverage will end. Continuation of group insurance coverage will terminate for any of the following reasons: LPVEC no longer provides group health coverage to any of its employees. The premium for the continuation coverage is not paid within the specified time limits. The person whose coverage is being continued obtains coverage under another group health plan (unless coverage for pre-existing conditions is excluded or limited under the new plan.) The person whose coverage is being continued becomes covered under Medicare. Employees, their spouse (or former spouse) or dependent children do not have to prove insurability to obtain continuation coverage as long as they were already covered under the active plan. At the time of re-enrollment, persons continuing coverage under COBRA will have the opportunity to change the level. A complete copy of this policy is available in the Human Resources Department.
HEALTH BENEFITS FOR RETIREES Health benefits may be extended to eligible LPVEC retirees as adopted by the Board of Directors. Eligible retirees shall be defined as individuals who both are eligible for and in fact receive a retirement allowance in accordance with G.L.C. 32 who retire from service with LPVEC with a minimum of 10 years of continuous service meeting the 20-hour minimum requirement, with the LPVEC and/or any of its member school districts. Further, retirees must have participated in a LPVEC offered health plan for a minimum of one year immediately prior to retirement. The LPVEC shall contribute 50% of the health plan. Eligible retirees shall be entitled to enroll in one of the health benefit plans offered by the LPVEC up to the date the individual becomes eligible for Medicare. Upon reaching the age of Medicare eligibility, the retiree must enroll in Medicare Part A and Part B and will have the opportunity to enroll in a Medicare Supplement Plan offered by the LPVEC, provided that the LPVEC offers a Medicare Supplement Plan. A complete copy of this policy is available in the Human Resources Department.
HEALTH BENEFITS FOR SURVIVING SPOUSE/FAMILY Health benefits may be extended to eligible surviving spouse and/or family of LPVEC staff who die while in active LPVEC employment as adopted by the Board of Directors. For the purpose of this policy,
Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 78 surviving spouse/family shall be defined as those persons who are covered by the employee's LPVEC health insurance plan at the time of the employee's death. The surviving spouse/family who are eligible are entitled to continue to be enrolled in one of the health benefit plans offered by the LPVEC up to the date the individual becomes eligible for Medicare. Upon reaching the age of Medicare eligibility, the surviving spouse/family will apply the policy for Health Benefits for Retirees and must enroll in Medicare and will be eligible to enroll in a Medicare Supplement Plan offered by the LPVEC, provided that the LPVEC offers such a Medicare Supplement Plan. The surviving spouse will then be responsible for the premium as defined by the Retiree policy. A complete copy of this policy is available in the Human Resources Department.
FLEXIBLE SPENDING ACCOUNT (FSA) LPVEC offers a Flexible Spending Account (FSA) to its employees. A FSA allows you to set aside mon- ey for eligible medical expenses on a pre-tax basis. This means the amount of income upon which your taxes are based will be lower, which also means your tax liability will be lower. An employee can sign up for the FSA plan at time of hire or during the open enrollment period each year. The plan runs on a cal- endar year schedule.
PRE-TAX HEALTH & DENTAL PREMIUMS (SEC. 125 PLAN) Section 125 of the Internal Revenue Code allows employers to establish a written plan that permits employees to have payments for health and dental premiums deducted each paycheck on a pre-tax basis. The contributions are exempt from Federal, FICA, and State taxes. Premiums are made with tax-free dollars; you avoid taxes on these dollars. Please contact your tax or financial advisors if you have questions about this plan. Qualification for this benefit is based on state and federal law. Employees who are eligible to participate in a health insurance plan made available pursuant to the Commonwealth Health Insurance Connector may have their premium payments deducted by the LPVEC on a pre-tax basis pursuant to its IRS Section 125 plan.
DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT You may be eligible for the Dependent Care Flexible Spending Account if you have a child, a disabled parent, or a spouse who needs daily care while you work. The primary eligibility requirement is that incurring the expense allows you to work. The Dependent Care Flexible Spending Account allows you to set aside pre-tax dollars for eligible dependent care expenses. The advantage of pre-tax flexible spending account is that you pay no federal, state, or FICA taxes on the money you contribute to it. You can contribute from $100 to $5,000 per household annually to this account, automatically deducted in equal installments from your paychecks before taxes are calculated. The taxes you save and the effect on your paycheck will depend on your personal situation, including household income, tax bracket, and the amount you contribute to the account. More information and enrollment forms are available from the Human Resources Department. Under the current tax laws, the tax savings may be greater if an employee either pays for day care directly and to claim a credit on their tax return or use pre-tax dollars for day care payments. Check with a tax or financial advisor before making any tax decision.
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EMPLOYEE ASSISTANCE PROGRAM (EAP) The EAP is a confidential counseling, assessment and referral program designed to help you manage work and life problems. Just as health insurance is designed to address your physical well being, your EAP program is designed to address your emotional and mental well being, as well as to help you to manage work/life problems and achieve a healthy work/life balance. It’s a comprehensive and confidential program in your benefit package that is fully paid by your employer. LPVEC has contracted with ESI Employee Assistance Group, an outside vendor, to provide confidential and voluntary assistance to all employees and their family members who may be faced with the personal challenges of financial concerns, legal issues, addiction problems, marital concerns. The EAP can assist you and your family members in matters of financial concerns, legal issues, alcohol or drug problems, marital problems, illness of a family member, emotional worries, child care problems, elder care concerns, and more. The EAP is paid for by LPVEC and is completely free and confidential to you and your family. Employees and family members can refer themselves to the EAP. The program may be reached 24 hours a day, 7 days a week. Call Employee Services at 800-666-5327 or 800-252-4555. The website is www.EducatorsEAP.com. Employees who need to visit the EAP during regular work hours must use sick, vacation, or personal time. If illness is involved, sick, vacation and/or personal time may be used for treatment or rehabilitation on the same basis that it is granted for other health problems.
PROFESSIONAL DEVELOPMENT TUITION REIMBURSEMENT College courses directly related to the employee’s employment with the LPVEC are eligible for reimbursement of the cost of tuition up to $300 once each year. The Director of Professional Development or designated authority must approve, in advance, all college courses for which reimbursement will be sought. To apply for tuition reimbursement, submit a completed Employee Reimbursement Form with a copy of the paid tuition bill and a copy of the transcript or a copy of an official document from the school showing a minimum grade of 3.0 and successful completion of the course. Funds for tuition reimbursement are included in the LPVEC’s professional development budget along with funding for conferences, workshops, etc. Reimbursements are subject to the availability of funds specifically budgeted for that purpose. To be eligible for reimbursement, the course must be completed during the same fiscal year as the budget. Should funding be available at the end of the fiscal year, a second course reimbursement may be considered. To be eligible for reimbursement, the worker must be an active employee of the LPVEC at the time that the completed Employee Reimbursement Form Is submitted.
TAX-SHELTERED ANNUITY PLANS LPVEC employees are eligible for enrollment in Board approved tax-sheltered annuity plans within set federal guidelines. Please contact Human Resources for further information regarding approved companies.
CREDIT UNION S LPVEC employees are eligible for membership in two credit unions: Premier Source Credit Union – Member benefits include loans, ATMs, holiday and vacation clubs, etc. To sign up, contact Premier Source Credit Union at located at 232 North Main Street, East Longmeadow or at 254 Cottage Street, Springfield. Contact Premier Source Credit Union at 413-525- 2002 for more information or visit their website at www.premier-sourcecu.com.
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Holyoke Credit Union – They have 3 convenient locations in Holyoke, West Springfield, and Agawam. To sign up, contact Holyoke Credit Union at 490 Westfield Road, Holyoke. For more information call 413-532-7007 or visit www.holyokecu.com.
RETIREMENT The LPVEC is subject to the laws of the Commonwealth regarding retirement policies, and all teachers and other employees eligible for a retirement plan must participate in it. Eligible LPVEC employees will have funds contributed to the Massachusetts Teachers’ Retirement Board or the Massachusetts State Retirement Board.
DIRECT DEPOSIT The LPVEC provides employees the opportunity to participate in an automatic direct deposit payroll service. To enroll in the direct deposit program an employee must obtain a direct deposit form from the Human Resources Department. Complete and return the form to the Payroll Department with routing and account information completed. It may take up to 2 pay periods for direct deposit to begin. To discontinue the direct deposit program, payroll must be notified in writing.
LIFE & DISABILITY INSURANCE Voluntary self-pay life, disability, dental, accident, or cancer insurance coverage is available through payroll deductions from either Colonial Insurance or Aflac Insurance. You may contact the representatives for each company directly at: Colonial Insurance - David McGeary, 413-218-5878 OR Aflac Insurance – John Charrette, 508-479-2700, or [email protected]
AUTOMOBILE AND HOME INSURANCE DISCOUNT Horace Mann Educators Corp. Horace Mann Educators is the largest multi-line insurance company focusing on the financial needs of the nation’s educators and their families. Horace Mann offers discounted Auto Insurance through Commerce Insurance, Homeowner/Renters Insurance, Life, Disability, Annuities, Mutual Funds, and 529 College Savings Plans. Contact Brett Ralph at 413-273-1380 for more information.
WORKPLACE ADVANTAGE Save up to 60% on ticketed events, travel, and shopping. Log onto www.workingadvantage.com, select the Register button at the top of the page. Select Employees Click Here and then enter Member ID#996206030.
OTHER LPVEC DISCOUNTS As an employee of LPVEC, you are entitled to discounts at various establishments, including: Caesars Getaway Club – Save up to 40% off Century Fitness - $19.99 per person, per month. No sign-up fee. Scantic Valley YMCA – Discounted rates HealthTrax - $10 off Regular rates Z:/Handbook 2016/Approved/FY16 General Handbook.doc Approved by Board of Directors on August 19, 2015 LPVEC 2015-2016 Handbook General Employment Policies & Guidelines Page 81
BJ’s Wholesale Club - $25 Membership (12 months) Verizon Wireless Discount – 15% Discount Contact Human Resources for more information about these discounts.
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