FAIRFAX MEDICAL FACILITIES, INC.

d.b.a.

Robert Clark Family Health Center

Hominy Family Health Center

Newkirk Family Health Center

Adopted: 6/2015 Revised: 2/2018, 1/2019, 10/2019, 1/21/2020, 04/20/2020, 8/2020, 09/2020, 01/2021

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TABLE OF CONTENTS WELCOME ...... 5 Our Mission and Values ...... 5 1. General Personnel Policies ...... 6 1.1. at Will ...... 6 1.2. / Employment ...... 6 1.3. Employment of Community Residents ...... 7 1.4. Conflict of Interest and Nepotism ...... 7 1.5. Pre-Employment Background Checks ...... 8 1.6. Introductory Period ...... 9 1.7. Employment Status Classifications ...... 10 1.8. Important Dates ...... 10 1.9. Confidentiality Relating to Employee Records ...... 11 1.10. Confidentiality Policy Related to Fairfax Medical Facilities, Inc. Users ...... 11 1.11. Policies on Political Activities ...... 12 1.12. Dress Code ...... 13 1.13. Drug-Free Workplace Policy ...... 14 1.14. Prohibition On Distributing Medical Marijuana ...... 22 1.15. Tobacco and Vapor-Free Policy ...... 23 1.16. Unlawful Discrimination and Harassment ...... 23 1.17. Americans with Disabilities Act ...... 25 1.18. Workplace Violence ...... 25 1.19. Weapons Policy ...... 26 1.20. Safety Awareness ...... 26 1.21. Severe Weather ...... 27 1.22 Vehicle Operations ...... 27 2. and Administration ...... 27 2.1. Working Hours, and Absences ...... 27 2.2. Compensation and ...... 32 3. ...... 34 3.1. Health and ...... 35 3.2. or Plan ...... 35

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3.3. Holidays ...... 35 3.4. (PTO) ...... 36 3.5. Extended Illness Benefit ...... 38 3.6. Leave ...... 39 3.7. Bereavement Leave ...... 40 3.8. Jury/Witness Duty ...... 40 3.9. Time Off to Vote ...... 41 3.10. Discretionary Leave ...... 41 3.11. Family and Medical Leave Act ...... 42 3.12. Disabilities Act ...... 48 3.13. Military Leave (Active and Reserve Service) ...... 49 3.14. Workers’ Compensation Disability Leave ...... 50 3.15. Social Media Policy ...... 50 4. Disciplinary Action, Grievances, Appeals and Terminations Action ...... 52 4.1. Prohibited Conduct/Conflict of Interest ...... 52 4.2. Disciplinary Action ...... 53 4.3. Grievance ...... 53 4.4. Involuntary Termination ...... 54 4.5. Voluntary Termination ...... 55 4.6. ...... 55 4.7. Final Pay Check ...... 55 5. Personnel Procedures ...... 55 5.1. Reference Inquiries ...... 55 5.2. Performance Evaluations ...... 55 5.3. Promotion ...... 56 5.4. Transfers/Internal Hires ...... 5 6 5.5. Cell Phone Policy ...... 57 5.6. Computer, Email and Internet Usage ...... 57 5.7. Accountability within the Organization ...... 59 5.8. Reimbursement and Procurement Procedures ...... 59 5.9. Safety Policy and Emergency Preparedness Procedures ...... 59 5.10. Employee Identification Badges ...... 61

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5.11 Labor Law Posters ...... 62 6. Addendum(s) ...... 63 6.1 Pandemic ...... 63

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FAIRFAX MEDICAL FACILITIES, INC.

WELCOME

Fairfax Medical Facilities, Inc., is pleased that you have joined our staff and hope that you will find your employment with us satisfying and rewarding.

OUR MISSION

The Mission of FMFI is to meet the needs of our patients with care, compassion, and the highest quality. We will operate in a cost-efficient manner that will appropriately reward our patients with affordable high quality care. This mission will be accomplished with the highest moral and ethical regard for everyone with whom we come in contact, regardless of their ability to pay. We are committed to excellence in patient-centered, accessible, cost-effective and timely primary health care for all.

OUR VALUES

FMFI shapes and achieves its mission through a commitment to an underlying set of values and beliefs that guide and inform our actions. FMFI has developed this statement to ensure that the values and beliefs we share are aspired to and lived out in our day-to-day experiences.

These values have been developed to guide FMFI's organizational behavior. They place special demands on how we behave as we bring to life our mission.

The values of FMFI are:

SERVICE: We believe that being willing and prepared to recognize the needs of others and contribute to their wellbeing is the essence of our business. We will always demonstrate a commitment to doing important work that looks beyond ourselves to the service of others.

DIGNITY: We believe that each patient is a unique and special individual worthy of respect. We will recognize diversity and create a climate built on openness, compassion and trust.

INTEGRITY: We believe in being honest and fair in all our relationships. We will be accountable for effectively managing the human and financial resources entrusted to us. We will strive to inspire our people to develop their talents to the fullest.

INSIGHT: We believe in seeking knowledge and wisdom through discovery and reasonable risk taking to discover better ways to accomplish our mission. We will commit our energies and resources to inspire growth and creativity.

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SECTION 1

GENERAL PERSONNEL POLICIES

1.1. EMPLOYMENT AT WILL

Employees are employed at the will of FMFI and are subject to termination at any time, for any reason, with or without cause or notice. At the same time, such employees may terminate their employment at any time and for any reason.

No company representative may modify this policy for any employee or enter into any agreement, oral or written, contrary to this policy except through an that is in writing and signed by the Chief Executive Officer. No statements made in pre-hire interviews, recruiting materials, or discussions of any kind or during employment may alter the at-will nature of employment or imply that termination will occur only for cause.

This policy may not be modified by any statements contained in any other policy or material provided to applicants and employees in connection with their employment. None of these documents, whether singly or combined, create or express an implied contract of employment for a definite period.

Similarly, FMFI’s policies and practices with respect to any matter not set forth in this handbook or a written contract of employment are not to be considered as creating any contractual obligation on the part of the Company or as stating in any way that termination will occur only for “just cause.”

Statements of specific grounds for termination set forth in this handbook or in any other FMFI documents are examples only, not all-inclusive lists, and are not intended to restrict the Company’s right to terminate at-will employees.

The policies and practices set forth in this handbook are to be used for reference purposes only.

A SIGNED ACKNOWLEDGMENT OF RECEIPT OF A COPY OF THESE POLICIES AND PROCEDURES WILL BE PLACED IN YOUR PERSONNEL FILE.

1.2. AFFIRMATIVE ACTION / EQUAL OPPORTUNITY EMPLOYMENT

FMFI is committed to providing equal employment opportunities for all individuals. Employment practices shall adhere to all applicable laws prohibiting discrimination based on age, race, color, gender, national origin, marital status, physical or mental disability, veteran status, medical condition, citizenship status, religion, or any other protected category. It is FMFI’s duty to comply and take action consistent with federal statutes including, but not limited to, Title VII of the Civil Rights Act of 1964, the Rehabilitation Act, the Age Discrimination in Employment Act, the Equal Pay Act, and the Genetic Information

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Nondiscrimination Act, as well as Okla. Stat. tit 25, §§ 11011350 and local laws. Our management and at all levels are responsible for ensuring that the spirit and intent of this policy, is in fact consistently practiced. Moreover, each employee has the responsibility to treat every colleague or applicant for employment with respect and in a fair, non-discriminatory manner. Employees should report every instance of discrimination to Human Resources, regardless of whether he/she or someone else is the subject of the discrimination. Detailed reports including names, descriptions, and actual events or statements made will enhance FMFI’s ability to investigate and to respond to any such matters. Any documents supporting the allegations should also be submitted. FMFI will conduct an investigation.

FMFI prohibits any and all retaliation for submitting a report of unlawful discrimination and for cooperating in any investigation. Any manager or employee who retaliates against the accuser or those involved in the investigation will be disciplined, up to and including termination of employment.

If the investigation determines that prohibited discrimination or other conduct violating company policy has occurred, FMFI will take corrective action, up to and including termination of employment, against those who engaged in the misconduct.

EMPLOYMENT OF COMMUNITY RESIDENTS

It is FMFI’s intent to employ community residents whenever possible. To this end, educational qualifications, unless required by state or local law or regulation, will not be a firm requirement for employment or advancement if a candidate proves to be otherwise qualified to perform the job. Selection of candidates will be made on the basis of interview , qualifications, and job requirements.

1.3. CONFLICT OF INTEREST AND NEPOTISM

No persons may be employed while they or a member of their immediate family serves on the FMFI Governing Board.

No persons may be employed in positions in which a member of their immediate family exercises direct supervisory authority or be in a position to influence the employment of the other by reason of relationships, rather than qualifications and merit.

An immediate family member, for this purpose, shall include any of the following persons: Husband, Wife, Father, Step-Father, Mother, Step-Mother, Brother, Sister, Son, Daughter, or Step-Children.

A conflict of interest may occur if any Person's outside activities, personal financial interests, or other personal interests influence or appear to influence his or her ability to make objective decisions in the course of the Person's job responsibilities. A conflict of interest may also exist if the demands of any outside activities hinder or distract a Person from the performance of his or her job or cause the individual to use Fairfax Medical Facilities, Inc.’s resources for other than Fairfax Medical Facilities, Inc.’s purposes. All Persons are obligated to ensure

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they remain free of conflicts of interest in the performance of their responsibilities at Fairfax Medical Facilities, Inc., as required by the Fairfax Medical Facilities, Inc.’s corporate bylaws and conflict of interest policy and in accordance with 45 CFR § 74.42 and 42 CFR § 51c.304(b). If persons have any question about whether an outside activity or personal interest might constitute a conflict of interest, they must obtain the written approval of the CEO before pursuing the activity or obtaining or retaining the interest. Employees, officers, board members and agents involved with Health Center business are required to provide a written disclosure of the conflict of interest on a Conflict of Interest Questionnaire. Violations are subject to disciplinary action procedures. [See 4.1 PROHIBITED CONDUCT/CONFLICT OF INTEREST and 4.2. Disciplinary Action]. Individuals with real or apparent conflicts of interest are prohibited from participating in the selection, award, or administration of any related contract.

Employees are not allowed to work at a competitor (defined as another health care facility offering the same services as FMFI) within 15 miles of a FMFI Facility without the approval of the CEO.

1.4. PRE-EMPLOYMENT SCREENING

BACKGROUND CHECKS

FMFI will conduct necessary and required background checks on selected candidates prior to dispatching an offer letter. A criminal record will not automatically disqualify an applicant for employment. Job applicants who are subject to background checks will be given an opportunity to explain any discrepancies between the job application and the results of the . Determinations will be made consistent with applicable law and regulations.

I-9 COMPLIANCE

To comply with federal regulations of the Immigration Reform and Control Act (IRCA), all employees are required to complete an Employment Eligibility Verification form (I-9 form). This law applies to all individuals hired, including part-time/temporary employees.

All employees must complete Section 1 of the I-9 form on the first day of their employment. All employees must also provide appropriate documentation verifying that they are authorized to legally work in the within three (3) business days of the date their employment begins. Any employee who fails to complete the I-9 and provide appropriate documentation within the three (3) day time period cannot continue to work for FMFI.

Federal regulations require FMFI to update and/or re-verify the I-9 form when one of the following occurs: (1) an employee is terminated and then re-hired to the Company three years of the original hire date (otherwise, a new I-9 form and E-Verify report must be completed); or (2) an employee's work authorization is about to expire (employment eligibility will not be re-verified based on an expiring permanent residency card).

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FMFI will retain a valid I-9 for all its active employees. Once an employee has terminated, I- 9’s are retained for three (3) years from the original start date or one (1) year beyond the employee’s termination date, whichever date is later.

1.5. INTRODUCTORY PERIOD

The first ninety (90) days that new employees and newly transferred employees are in a position will be considered an Introductory Period. During the Introductory Period, employees will be evaluated to determine whether they are a good fit for the position. At the same time, it is expected that employees will use the Introductory Period to determine if they feel the position is right for them. During the Introductory Period, the immediate or Human Resources Department staff will orient new employees to policies and procedures and provide extra opportunities for review and counseling an employee’s Introductory Period may be extended by FMFI. If this occurs, FMFI will provide the employee with a written document explaining the extension.

During the 90-day Introductory Period, all employees are required to log-in to the Employee section of FMFI’s website and review all policies and procedures that may relate to their position. If an employee has a question as to whether a particular policy or procedure relates to their position, they should inquire with their direct supervisor. Employees are held responsible for knowing and understanding the policies and procedures posted on FMFI’s website.

FMFI is an at-will employer and may terminate with or without cause both during and after the Introductory Period. An employee failing to perform competently may be terminated during the Introductory Period and after the Introductory Period.

Employees may not use PTO or Extended Illness Benefit (EIB) during the Introductory Period, including any extensions of the Introductory Period. However, paid leave benefits will be accrued by the employee from the date of hire. Additionally, during the Introductory Period, employees are eligible for benefits required by law, including but not limited to, workers’ compensation and social security.

Health insurance will go into effect on the first of the month in which the initial 90-day Introductory Period is completed, even if the employee’s Introductory Period is extended beyond the initial 90-days. For example, if an employee completes the initial Introductory Period on the 15th of the month, will go into effect on the first of that month, regardless of whether the Introductory Period is extended.

If termination occurs before the end of the Introductory Period accrued PTO will not be paid. Any employee remaining with FMFI after the Introductory Period will have accrued leave credited to his/her leave account and will be able to use the accrued PTO in accordance with FMFI’s PTO policy.

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1.6. EMPLOYMENT STATUS CLASSIFICATIONS

FULL-TIME EMPLOYEE

A full-time employee is defined as a staff member who has successfully completed the required 90-day Introductory Period, and who is regularly scheduled to work in an approved position for a minimum of thirty (30) hours per week. Full-time staff members are eligible to participate in all aspects of FMFI’s employment benefit program.

EXEMPT EMPLOYEE

Employees whose positions meet specific tests established by the Fair Labor Standards Act (FLSA) and state laws and who are exempt from overtime pay requirements.

NON-EXEMPT EMPLOYEE

Employees whose positions do not meet FLSA exemption tests and who are paid a multiple of their regular rate of pay for hours worked over 40 in a work week, as required by federal and state law.

PART-TIME EMPLOYEE

A part-time employee is defined as a staff member who has successfully completed the required 90-day Introductory Period, who works in a position approved for less than thirty (30) hours per week. Part-time Employees are NOT eligible for FMFI’s employee benefit program with the exception of the Safe Harbor 403b Retirement Plan, and PTO and EIB benefits as explained below.

PRN EMPLOYEE

A PRN employee is defined as one who is employed for an indefinite time on an “as needed” basis. The PRN employee may include full-time or part-time temporary workers. A PRN employee cannot automatically gain full-time status and is not eligible for fringe benefits. A PRN employee may apply for a vacant full-time or part-time position.

FURLOUGH EMPLOYEE

A furlough employee is a temporary cessation of employment due to sudden change in the economic condition of FMFI. FMFI shall have the right to place an employee on furlough due to lack of appropriations or lack of work resulting from an unpredictable event, including natural disaster, fire, crisis, pandemic, or other form of sudden budgetary short-fall. Employee shall also have the right to apply for state security benefits during the furlough period.

IMPORTANT DATES

ANNIVERSARY DATE

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The anniversary date is the date on which an employee begins work for FMFI, i.e., the effective date of hire. A in active employment (e.g., leave without pay in excess of thirty [30] days) may change the anniversary date, unless otherwise prohibited by state or federal law.

BENEFIT DATES

PTO accrual is based off of the employee’s anniversary date, as described above. Health insurance begins on the first of the month that the 90 days Introductory Period falls for full- time employment, and retirement eligibility begins on the first day of employment, but matching deposits will not be made until after the 90-day Introductory Period.

1.7. CONFIDENTIALITY RELATING TO EMPLOYEE RECORDS

PERSONNEL FILES

FMFI maintains a personnel file on each employee. Personnel files are the property of FMFI and access to the information they contain is restricted and limited to authorized employees who have a work-related need-to-know. External access may be permitted with the employee’s written consent, or if required or permitted by law.

It is important that the personnel records of FMFI are accurate. To avoid problems with employee benefit eligibility, and tax liability, employees are required to promptly notify Human Resources of any changes in personal status in writing. Examples of information that employees need to keep up-to-date are: home and mailing address, telephone number, dependents information, child’s student status, marriage, divorce, death of a family member, name changes, or any other information pertinent to employment with FMFI.

1.8. CONFIDENTIALITY POLICY RELATED TO FAIRFAX MEDICAL FACILITIES, INC., USERS

FMFI employees in the performance of their job responsibilities may have access to confidential information related to the users of our services and/or their clients. All employees are held to the strictest level of confidentiality. All records and files maintained by FMFI are confidential and remain the property of the company. This is not only a Company policy, it is also a legal requirement under HIPAA.

Confidential records are not to be left lying around where they can be easily viewed by others and, no verbal or written information is to be shared with others who are not in need of this information. Employees are to be careful about discussing confidential information in areas where the conversation can be overheard by others. Confidential information may not be removed from FMFI premises without express prior authorization.

Confidential information includes, but is in no way limited to: financial records; business, marketing, and strategic plans; personnel and payroll records regarding current and former employees; the identity of, contact information for, contracts and any other account

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information on patients, vendors, and suppliers; and any other documents or information regarding FMFI operations, procedures, or practices.

Confidential information obtained during or through employment with FMFI may not be used by any employee for the purpose of furthering current or future outside employment or activities or for obtaining personal gain or profit all in accordance with applicable laws.

All employees will sign the Confidentiality Policy Statement contained in the FMFI Employee Handbook Acknowledgment upon initial employment and this form will be kept in the employee’s personnel file.

Failure to comply with this policy may result in or . Nothing in this policy is intended to prohibit employees from discussing the terms and conditions of their employment with FMFI.

Employees are responsible for reading and understanding FMFI’s HIPAA Manual which can be found along with FMFI’s other policies and procedures on FMFI’s website. Employees will be able to view the policies and procedures after logging-in using their credentials.

1.9. POLICIES ON POLITICAL ACTIVITIES

PROHIBITED POLITICAL ACTIVITIES

The following restrictions apply to employees, board members, and advisory council members of FMFI. These individuals may not do the following:

1. Use their official position, authority, or influence within the agency for the purpose of interfering with or affecting the result of an election or a nomination for a party or public office.

2. Directly or indirectly coerce, command, or advise an employee or any other person who is subject to these restrictions to pay, lend, or contribute anything of value or to contribute personal services to a party, committee, organization, agency, or person for political purposes.

3. Use program funds for any partisan political purposes or to influence any election to a party or public office.

4. Use any FMFI equipment or facilities purchased or leased for partisan political purpose or to influence the outcome of an election to a party or public office. If FMFI leases a facility only during certain hours, use of the facility by non-FMFI agencies for political activities does not bar FMFI leasing for nonpolitical uses.

5. Discriminate or threaten any potential employee or beneficiary because of his/her political affiliations or beliefs or require any applicant, employee, or beneficiary to disclose his/her political affiliation.

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6. Employees engaging in prohibited political activities may receive disciplinary action (See Section 4.2 Disciplinary Action).

CANDIDATES MEETINGS

Candidates meetings, even if all rival candidates for one or more public offices appear, shall not be sponsored or conducted with program funds or facilities.

SUBVERSIVE ACTIVITIES

Advocating the overthrow of the government of the United States by force and violence is prohibited by all federal funding agencies' guidelines.

PERMITTED POLITICAL ACTIVITY

Employees may wear campaign buttons on the job, may display vehicle bumper stickers, and may participate in partisan politics after regular working hours. Personnel must keep political activity and job activity separate. When participating in political activities, an employee may state his/her occupation and employer, but it must be clear, that he/she is participating as a private citizen and not representing the political views of FMFI.

1.10. DRESS CODE

The appropriateness of employee attire is determined by the Chief Executive Officer and management staff. These employees have full authority to judge whether employee attire complies with this policy.

STATEMENT OF NON-DISCRIMINATION

The Dress Code makes every effort to limit its consideration to issues of attire that are reasonably necessary to the normal operation of the business. It is not the intent of FMFI to discriminate of the basis of race, religion, color, national origin, gender, disability, age, or any other protected category. FMFI will make reasonable accommodations for dress and/or grooming where appropriate.

RULES OF DRESS

1. Front office employees are expected to wear clothing suitable for a business office setting.

2. Casual dress clothing:

 Men - clean pressed buttoned shirts, polo shirts, sweaters, clean pressed slacks.  Women - clean pressed slacks pressed dress shirts, sweaters, dresses and skirts. Dresses and skirts are not to be more than 4 inches above the knee. Summer time capris can be worn (below the knees).

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 Jeans may be worn periodically upon approval by Administration.  Shoes: Closed toe and back in the clinic setting.  Scrubs: Can be worn by both men and women in the front office. Matching colors for shirt and pants clean and not wrinkled; prefer pressed.

3. What NOT to wear:

 No T-shirts other than clinic T-shirts.  No flip flops.  No hoodies, sweatshirts, or sweat coats.  No exercise clothes of any kind.  No shorts.  No visible undergarments.  Clinical setting employees, same as above applies. Lab jackets should be worn when wearing street clothes.

4. Accessories and Grooming:

 Jewelry should be conservative and worn in a manner that does not interfere with patient care. No jewelry should be worn in facial or tongue piercings while on duty. Ear piercing up to two in each ear is acceptable, but no other visible body piercing is permitted.  Tattoos must be covered.

5. Hair:

 Clean and styled in a professional manner.  Hair to be natural color (may be dyed, but must be considered a natural color).

6. Facial Hair:

 Neatly groomed/clean shaven. No stubble.

1.11. DRUG-FREE WORKPLACE POLICY

FMFI has a vital interest in maintaining a safe, healthy, and efficient working environment for all our employees, contractors, and customers; in maintaining the security of FMFI assets; and in maintaining the profitability of our enterprise. Drug and alcohol abuse are regarded as serious social and economic problems. Individuals in possession of or under the influence of drugs and alcohol present safety and health risks to themselves and their fellow workers and have a detrimental effect upon high standards of performance and conduct.

POLICY OVERVIEW

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Accordingly, FMFI has adopted this Policy which is applicable to applicants, employees, and contract personnel (except for individuals who may be covered under exclusively Federal regulations). Under this Policy, the following conduct is prohibited:

 Use, possession, manufacture, sale, purchase, or transfer of illegal drugs by employees or contractors while on the job or while on property;  Use, transportation, or possession of alcohol or illegal drugs while operating vehicles;  Consumption, possession, transportation, or sale of alcoholic or intoxicating beverages on property;  Being under the influence of alcohol or illegal drugs while on the job or while on property or at the time of testing during the hiring process;  Working while under the influence of a legal drug if safety is compromised or if job performance is significantly affected;  Abuse of legal drugs while on the job or while on property, including but not limited to, distribution, abusive use, or selling; and  Possession of drug paraphernalia or literature promoting illegal drug or substance use on property.

In addition to the above prohibitions, any employee convicted under a criminal drug or alcohol statute must inform FMFI of such conviction within five (5) days of the date of conviction.

Please note that while marijuana is now legal under certain circumstances under Oklahoma law, it remains an illegal drug under federal law. Holding a medical marijuana license does not entitle an employee to use, be under the influence of, or possess marijuana during the employee’s work hours or while on Company premises. These activities continue to be strictly prohibited by the Company.

Information regarding the availability of services for drug counseling and rehabilitation is available for any employee if needed.

Any violations under this policy shall result in disciplinary action by FMFI.

DRUG AND ALCOHOL AND TESTING POLICY

Fairfax Medical Facilities, Inc., is determined to eliminate the use of illegal drugs, alcohol, and controlled substances at our work sites. FMFI has adopted a Drug-Free workplace program to improve job safety and performance on all projects. This program is designed for the benefit of our employees and to meet our responsibility to the public, whom we serve.

Manufacture, distribution, dispensation, possession, use, or being under the influence of any illegal drug, alcohol, or controlled substance (without a prescription) while on duty, on-call, or on FMFI premises is strictly prohibited. These activities constitute serious violations of FMFI’s rules, jeopardize FMFI and its clients and can create situations that are unsafe or that substantially interfere with job performance. Employees in violation of the policy are subject to appropriate disciplinary action, up to and including dismissal. Additionally, FMFI reserves the right to require an employee to undergo a medical evaluation under appropriate circumstances.

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Please note that while marijuana is now legal under certain circumstances under Oklahoma law, it remains an illegal drug under federal law. Holding a medical marijuana license does not entitle an employee to use, be under the influence of, or possess marijuana or marijuana products during the employee’s work hours while on Company premises, or Company business. These activities continue to be strictly prohibited by FMFI.

All employees may be drug or alcohol tested under the following conditions:

DRUG AND ALCOHOL TESTING

To enforce this Policy against drugs and alcohol in the workplace, FMFI may require an individual to undergo a test for drugs and/or alcohol under any of the following circumstances:

TESTING OF APPLICANTS AND PERSONS TRANSFERRED OR REASSIGNED

Individuals who are being assigned to certain job positions will be required to undergo pre- employment testing for drugs and alcohol after a conditional offer of assignment has been made. Individuals will be notified when applying for a position with FMFI if the position requires pre-employment drug and alcohol testing. If testing is required, the individual will be provided a copy of this Policy upon acceptance of an offer of assignment. Employees may also be required to undergo drug and/or alcohol testing when being transferred or reassigned to a different position or job. A refusal to take the test, tampering with a test, or a positive test will result in denial or withdrawal of the offer, transfer, or reassignment of employment.

OTHER TESTING

Current employees and contract personnel may be requested or required to undergo testing for drugs and/or alcohol in the following circumstances: In each case, a refusal to take the test, tampering with a test, or a positive test may result in discipline up to and including termination of employment.

1. For-Cause Testing - When FMFI reasonably believes that an individual may be under the influence of drugs or alcohol, including but not limited to, the following circumstances:

a. drugs or alcohol on or about the employee's person or in the employee's vicinity or missing medications under circumstances that give rise to an inference that the employee may be responsible for taking the missing medications;

b. conduct on the employee's part that suggests impairment or influence of drugs or alcohol;

c. a report of drug or alcohol use while at work or on duty;

d. information that an employee has tampered with drug or alcohol testing at any time;

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e. negative performance patterns; or

f. excessive or unexplained absenteeism or tardiness.

2. Post-Accident Testing - Employees may be required to undergo testing for drugs or alcohol as part of a FMFI investigation into the cause of a workplace incident that has resulted in injury or could result in injury to an employee, or in which property has been damaged while at work (including damage to equipment). All employees whose conduct could have contributed to the incident will be tested.

3. Random Testing – FMFI may require an employee or all members of an employment classification or group to undergo drug testing at random and may limit its random testing programs to particular employment classifications or groups. Employees placed in positions where the employee’s use of alcohol would present a direct threat to the employee or others may also be subjected to random alcohol testing.

4. Scheduled, Fitness-for-duty, Return from Leave and Other Periodic Testing - Testing for drugs may be conducted as a routine part of a routinely scheduled fitness-for-duty medical examination, or in connection with an employee's return to duty from a , or which is scheduled routinely as part of FMFI's written policy. This includes tests that may be requested or required by FMFI's clients or customers.

5. Post-Rehabilitation Testing - Testing for drugs or alcohol may be done for a period of up to two (2) years from the date of the individual's return to work, following a positive test or following participation in a dependency treatment program.

Regarding applicant testing and testing under Sections 3, 4 and 5, above, Company will not terminate an Oklahoma employee in a non-safety-sensitive position who is a medical marijuana license holder based solely on a positive test for marijuana or the employee revealing that he or she is a medical marijuana license holder. However, a positive test for marijuana may be combined with other articulable factors, including but not limited to, those factors described in Sections 1 or 2 above to cause FMFI to have a reasonable basis for believing that the employee was using, possessing or under the influence of marijuana during the employee’s working hours on FMFI’s property or on FMFI’s businesses, in which case, FMFI will follow its discipline policy outlined herein. Employees in safety sensitive positions, as defined below, will be subject to termination for a positive test for marijuana, even if they hold a medical marijuana license.

DEFINITIONS AND SCOPE OF POLICY

SUBSTANCES TESTED

For purposes of this Policy, individuals will be tested for alcohol and/or illegal drugs and controlled substances as well as for blocking agents or interfering substances.

ABUSE OF LEGAL DRUGS

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Means the use of prescribed drugs and over-the-counter medicines which either: have not been legally obtained, or are not being used in the recommended dosage or for the purposes for which they were prescribed or manufactured. It also includes possessing, using or being under the influence of medical marijuana or marijuana products during working hours on FMFI property, or while on FMFI business. It also includes testing positive for marijuana without a proper license. For employees in safety sensitive positions, it also includes any use of medical marijuana or marijuana products, whether on-duty or off-duty.

FMFI’s BUSINESS and/or COMPANY BUSINESS

Means all time during which an employee is fulfilling employment obligations regardless of location.

EMPLOYEES SUBJECT TO POLICY

All employees of FMFI shall be subject to this Policy. The term "employee" means a person who is employed by FMFI on a regular or temporary basis in a full-time or part-time status. Drug or alcohol testing required by and conducted pursuant to federal law or regulation is exempt from the provisions of this Policy. MARIJUANA Means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; the smoke or vapors thereof; tetrahydrocannabinol or “THC,” which is the primary psychotropic cannabinoid in marijuana; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin.

MARIJUANA PRODUCTS

Means all marijuana products that could cause an employee to test positive for marijuana on a , and may include, but not be limited to, those products that have been infused with marijuana including, but not limited to, edible products, ointments, and tinctures; product that contains cannabinoids that have been extracted from plant material or the resin therefrom by physical or chemical means and is intended for administration to a qualified patient including, but not limited to, oils, tinctures, edibles, pills, topical forms, gels, creams, vapors, patches, liquids, and forms administered by a nebulizer; medical-marijuana concentrate, which is a specific subset of medical marijuana that was produced by extracting cannabinoids from medical marijuana; all smokable, vaporized, vapable, and e-cigarette medical marijuana inhaled through vaporization or smoked; and the paraphernalia, instrumentalities, and containers used to the administer, consume, store, ingest, or facilitate the use of marijuana or marijuana products.

SAFETY-SENSITIVE POSITIONS

For the purpose of this policy, “Safety-Sensitive Positions” means those positions in which the employees are expected perform tasks or duties that FMFI reasonably believes could affect

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FAIRFAX MEDICAL FACILITIES, INC. the safety and health of the employee or others. This includes, but is not limited to employees who perform any of the following duties:

1. the handling, packaging, processing, storage, disposal or transport of hazardous materials;

2. the operation of a motor vehicle, other vehicle, equipment, machinery or power tools,

3. repairing, maintaining or monitoring the performance or operation of any equipment, machinery or manufacturing process, the malfunction or disruption of which could result in injury or property damage;

4. the extraction, compression, processing, manufacturing, handling, packaging, storage, disposal, treatment or transport of potentially volatile, flammable, combustible materials, elements, chemicals or any other highly regulated component;

5. dispensing pharmaceuticals; and

6. direct patient care or direct .

Positions identified by FMFI as having safety-sensitive duties include Registered Nurse “RN”, Licensed Practical Nurse “LPN”, Registered Medical Assistant “RMA”, Certified Nursing Assistant “CNA”, Director of Nursing “DON”, Site Manager, Transportation, Medical Director, Provider, Dental Director, Dental Hygienist, Dental Assistant, Pharmacy Director, Pharmacy Technician, Pharmacy Receptionist, Behavioral Health Director, Behavioral Provider, Licensed Clinical Social Worker, Nurse Practitioner. This list is subject to change without notice. Employees should contact Human Resources with questions about whether FMFI considers their own position to be safety-sensitive.

TESTING METHODS AND COLLECTION PROCEDURES

Any drug and alcohol testing by FMFI will be treated as work time for purposes of compensation and benefits for current employees.

FMFI will pay all costs of testing required by FMFI. However, as stated above, if an individual requests a confirmation test of a sample in order to challenge the results of a positive test, the individual is responsible for the costs of the retest unless the retest reverses the findings of the challenged positive test. In such a case, FMFI will reimburse the individual for the costs of the retest.

Testing may be conducted either at laboratory facilities that are licensed by the State Department of Health or other designated regulatory body to perform drug or alcohol testing, or through use of any method which is reasonably calculated to detect the presence of drugs or alcohol, including but not limited to, urine analysis, breathalyzer testing, testing by use of a single-use test device, known as an on-site or quick testing device, to collect, handle, store and ship a sample for testing. Facilities doing urine analysis tests must either be certified for such tests by the Federal Department of Health and Human Services or be accredited for

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FAIRFAX MEDICAL FACILITIES, INC. such tests by the College of American Pathologists or other organizations recognized by the State Board of Health.

A written record of the chain of custody of a drug or alcohol test sample shall be maintained from the time of the collection of the sample until the sample is no longer required. Management and supervisors are to restrict conversations concerning possible violations of this Policy to those persons who are participating in any questioning, evaluation, investigation or disciplinary action and who have a need to know about the details of the investigation.

RIGHTS OF TEST SUBJECTS

In conjunction with a drug or alcohol test, an individual has the ability to provide notification of any information which he or she considers relevant to the test, including identification of currently or recently used prescription or nonprescription drugs, or other relevant information. An individual has the ability to explain, in confidence, the test results. Please note that the presence of prescription or nonprescription drugs in one’s system will be evaluated in light of any prescriptions or licenses held by the employee. However, if circumstances suggest that an employee was in violation of this policy by being impaired while at work on FMFI property, or on FMFI business, the fact that an employee holds a prescription or license for the drug will typically not provide adequate justification for the impairment. Each case will be evaluated individually, but at all times, being at work on Company property or on Company business in an impaired state is a matter that will be taken seriously and addressed to ensure a safe and productive work environment.

An individual has the ability to obtain copies of all information and records relating to that individual's testing. FMFI may make a reasonable charge for the copying of the records.

If the individual tests positive on a drug or alcohol test, he or she may request a confirmation test within twenty-four (24) hours of receiving notice of a positive test in order to challenge the results. The individual shall pay all costs of the confirmation test unless the confirmation test reverses the finding of the challenged positive test. In such case, the employer shall reimburse the individual for the costs of the confirmation test. For purposes of this policy, "confirmation test" means a drug or alcohol test on a sample to substantiate the results of a prior drug or alcohol test on the same sample and which uses different chemical principles and is of equal or greater accuracy than the prior drug or alcohol test. Where a breathalyzer test was initially utilized, a confirmation test means a second sample test that confirms the prior result. Where a single-use test was initially utilized, a confirmation test means a second test confirmed by a testing facility.

CONFIDENTIALITY

Records of all drug and alcohol test results and related information maintained by FMFI shall be the property of FMFI and, upon the request of the individual tested, shall be made available for copying and inspection to the applicant or employee. FMFI will only release such records to the following persons: 1) the individual tested; 2) FMFI's review officer; 3) another employer with whom FMFI contracts if the individual tested works pursuant to such contract; 4) to a person or entity that has issued FMFI a valid judicial or administrative order; 5) a court of

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FAIRFAX MEDICAL FACILITIES, INC. record or administrative agency if either the employer or the individual tested are named parties in the case or proceeding; or 6) to FMFI employees, agents, or representatives who need access to such records in the administration of this policy. A testing facility, or any agent, representative or designee of the testing facility, shall not disclose to any employer, based on the analysis of a sample collected from an applicant or employee for the purpose of testing for the presence of drugs or alcohol, any information relating to the general health, pregnancy or other physical or mental condition of the applicant or employee.

DISCIPLINARY ACTION

If a positive test result is received, FMFI may take any disciplinary action against the individual, up to and including discharge of an employee or the barring of a contractor from further work for FMFI. Employees who refuse to submit to drug and alcohol testing or tamper with such a test will be terminated.

Please note that holding a medical marijuana license does not entitle an employee to use, be under the influence of, or possess marijuana or marijuana products during the employee’s work hours while on FMFI premises or on FMFI business. Employees who use, are under the influence of, or are in possession of marijuana during work hours on FMFI premises or on FMFI business will be in violation of this policy. FMFI shall not discriminate against any person with respect to any term or condition of employment and will not take adverse action against an employee in a non-safety-sensitive position who holds a medical marijuana license based solely upon that person’s status as a medical marijuana license holder or the results of a positive drug test for marijuana or its components. However, FMFI will take action against employees who violate this policy. Employees in safety-sensitive positions need to understand that they will be subject to disciplinary action for any positive test for marijuana, even if they hold a valid medical marijuana license.

Subject to applicable state law, an employee discharged on the basis of a refusal to undergo drug or alcohol testing or a positive test result shall be considered to have been discharged for misconduct for purposes of unemployment compensation benefits. A person who fails to request a confirmation test is likewise not eligible for benefits.

For purposes of workers' compensation, any employee who tests positive for the presence of alcohol, illegal drugs or illegally used chemicals or who refuses to take a drug or alcohol test required by the employer, shall be ineligible for such workers' compensation benefits.

CONFIRMATION TESTS/APPEALS

Confirmation tests are not normally required or conducted. However, if an individual tests positive on a drug or alcohol test, he or she may request a confirmation test within twenty-four (24) hours of receiving notice of a positive test in order to challenge the results. The individual shall pay all costs of the confirmation test unless the confirmation test reverses the finding of the challenged positive test. In such case, the employer shall reimburse the individual for the costs of the confirmation test.

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FAIRFAX MEDICAL FACILITIES, INC.

As in all cases of job-related problems, concerns or questions respecting FMFI's drug and alcohol policy should be referred to the employee’s supervisor or Human Resources.

COMPLIANCE WITH APPLICABLE LAW

This policy has been adopted by FMFI with the intent to comply with any applicable laws and regulations, including without limitation the Oklahoma Standards for Workplace Drug and Alcohol Testing Act and the rules and regulations promulgated in regard thereto and the Oklahoma Medical Marijuana and Patient Protection Act and any other statutes, rules, and regulations relating thereto. To the extent any portion of this policy is determined to be contrary to the requirements of any applicable federal or state statutes, rules or regulation, it is the intent of FMFI to conduct its program prohibiting alcohol and drug abuse in the workplace and any alcohol or substance screening in connection therewith in accordance with those legal guidelines, and FMFI shall do so even if this policy has not been modified to address such inconsistencies.

1.12. PROHIBITION ON DISTRIBUTING MEDICAL MARIJUANA

POLICY OVERVIEW

Fairfax Medical Facilities, Inc., is committed to high standards and compliance with all applicable federal, state, and local laws and regulations. The purpose of the Policy and Procedure prohibiting the distribution of medical marijuana is to provide safeguards to ensure Fairfax Medical Facilities, Inc.’s compliance with laws and regulations relating to medical marijuana that apply to health centers that receive federal grant funds or look-alike designations under Section 330 of the Public Health Service Act (“Section 330”) through the U.S. Department of Health and Human Services (“HHS”).

1. COMPLIANCE WITH THE FEDERAL CONTROLLED SUBSTANCES ACT

Fairfax Medical Facilities, Inc., will assure compliance with the Federal Controlled Substances Act. The Federal Controlled Substances Act prohibits the possession, manufacturing, and distribution of marijuana, a I drug, even for medical purposes. As a federal grantee, Fairfax Medical Facilities, Inc., is bound by such prohibitions, regardless of whether the possession, manufacturing, and/or distribution of marijuana are permitted under state law. Accordingly, Fairfax Medical Facilities, Inc., shall not distribute, or aid and abet the distribution of, medical marijuana to patients, through prescription or otherwise.

2. PROCEDURE

Training Regarding the Prohibition on Distributing Medical Marijuana

 Fairfax Medical Facilities, Inc. employees, contractors and volunteers who provide clinical services and non-clinical support services will be trained on the requirements of the Federal Controlled Substances Act, including but not limited to, the prohibition on distributing medical marijuana.

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 Health Center will maintain records indicating the completion of such in the personnel files.

Certification of Compliance

 Fairfax Medical Facilities, Inc., staff and volunteers are required to comply with this Policy and Procedure by signing Employee Handbook Acknowledgement and returning to the HR Manager.

Distributing Medical Marijuana

 Fairfax Medical Facilities, Inc., staff and volunteers are strictly prohibited from distributing medical marijuana to patients, through prescribing medical marijuana or otherwise engaging in activities that aid and abet the distribution of medical marijuana.

Review and Updates of this Policy and Procedure

 The policy and procedure prohibiting the distribution of medical marijuana shall be reviewed periodically and updated consistent with requirements established by the Board of Directors, Health Center’s senior management, federal and state law and regulations, and applicable accrediting and review organizations.

1.13. TOBACCO AND VAPOR-FREE POLICY

No smoking is permitted in FMFI facilities or on FMFI properties. This includes all forms of tobacco and vapor nicotine products. Employees should not smell of tobacco when at work. Employees will follow the smoking policies of the member agencies when they are on-site at an agency.

1.14. UNLAWFUL DISCRIMINATION AND HARASSMENT

In accordance with applicable law, FMFI prohibits discrimination, and harassment because of race, color, national origin, religion, gender, physical or mental disability, age, or any other basis protected by federal, state, or local law. All such discrimination and harassment is unlawful and will not be tolerated.

SEXUAL HARASSMENT DEFINED

Sexual harassment is defined as unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature when: (1) submission to the conduct is made a term or condition of employment; (2) submission to or rejection of the conduct is used as basis for employment decisions affecting the individual; or (3) the conduct has the purpose or effect of unreasonably interfering with the employee’s work performance or creating an intimidating, hostile, or offensive work environment.

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Sexual harassment on the job is unlawful whether it involves co-worker harassment, harassment by a manager or supervisor/manager, or harassment by persons doing business with or for FMFI.

OTHER TYPES OF DISCRIMINATION AND HARASSMENT

Prohibited discrimination and harassment on the basis of race, color, national origin, religion, physical or mental disability, gender, age, genetic information, or any other protected basis, includes behavior similar to sexual harassment. The behaviors listed below are examples and are not all-inclusive.

 Verbal or written conduct such as threats, jokes, derogatory comments, name calling, or slurs;  Visual conduct such as derogatory posters, photographs, cartoons, drawings, or gestures;  Physical conduct such as assault, unwanted touching, or blocking normal movement; and  Retaliation for reporting discrimination or harassment or threatening to report discrimination or harassment.

REPPORTING DISCRIMINATION AND/OR HARASSMENT

If you believe you have been discriminated against or harassed on the job, or if you are aware of the discrimination or harassment of others, you are responsible for immediately providing a written or verbal complaint to Human Resources as soon as possible. Employees may also choose to provide a report to an FMFI officer. Your complaint should be as detailed as possible, including the names of individuals involved, the names of witnesses, direct quotations when language is relevant, any documentary evidence (notes, pictures, cartoons, etc.), and all information that you know about the circumstances.

All incidents of prohibited discrimination or harassment that are reported will be investigated. FMFI will promptly undertake or direct an effective, thorough, and objective investigation of the discrimination or harassment allegations. The investigation will be completed and a determination regarding the reported harassment will be made and communicated to the employee(s) who complained and to the accused harasser(s).

If FMFI determines that prohibited harassment has occurred, FMFI will take effective remedial action commensurate with the circumstances. Appropriate action will also be taken to deter any future harassment. If a complaint of prohibited harassment is substantiated, appropriate disciplinary action, up to and including termination, will be taken.

Applicable law also prohibits retaliation against any employee by another employee or by FMFI for using this complaint procedure or for filing, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing conducted by a governmental enforcement agency. FMFI will not knowingly permit any retaliation against any employee who in good faith complains of prohibited harassment or who participates in an investigation.

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1.15. AMERICANS WITH DISABILITIES ACT

FMFI adheres to the Americans with Disabilities Act (ADA) of 1990, as amended, and applicable state and local laws, and makes every effort to ensure that qualified individuals with a disability are not discriminated against in any terms, conditions or privileges of employment.

The ADA requires employers to provide a reasonable accommodation to qualified individuals with known disabilities in all aspects of employment, unless the accommodation would cause an undue hardship to the employer or cause a direct threat to workplace safety. An individual with a disability is a person who:

 Has a physical or mental impairment substantially limiting one or more major life activities;  Has a record of such impairment; or  Is regarded as having such an impairment (however, no reasonable accommodation is required in this instance).

A qualified individual is a person with a disability who meets the skill, education, experience, training, and other job-related requirements of position, and who, with or without a reasonable accommodation, can perform the essential functions of the position.

We are committed to providing a reasonable accommodation to the known physical or mental limitations of such individuals so they can perform the essential functions of a job, unless the accommodation would create undue hardship or cause a direct threat to workplace safety. It is the responsibility of the employee to notify FMFI anytime he or she believes reasonable accommodation is needed for a covered disability under the ADA. Any qualified applicant or employee with a disability who requires an accommodation in order to perform the essential functions of the job should contact their manager and Human Resources representative and place their request for accommodation in writing or verbally.

FMFI will determine the feasibility of the requested accommodation considering various factors, including, but not limited to the nature and cost of the accommodation, alternative reasonable accommodations available, outside funding, FMFI’s overall financial resources and organization, and the accommodation’s impact on the operation of FMFI, including its impact on the ability of other employees to perform their duties and on FMFI’s ability to conduct business.

1.16. WORKPLACE VIOLENCE

FMFI has a zero-tolerance policy for workplace violence. Acts or threats of physical violence, including intimidation, harassment, other threatening disruptive behavior, and/or coercion, that involve or affects FMFI or that occur on FMFI property will not be tolerated. This prohibition against threats and acts of violence applies to all persons involved in FMFI operations, including all workers, clients, visitors, and contractors.

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Employees should report any and all possible threats to safety, even if not tied to a protected status, to an FMFI Officer or Human Resources to ensure the safety of all FMFI employees. Violations of this policy, by any individual, will lead to disciplinary action up to and including termination and/or legal action, as appropriate.

This policy is intended to assure FMIF’s compliance with existing legal provisions requiring employers to provide a safe workplace; it is not intended to create any obligations beyond those required by existing law.

FMFI will make the sole determination of whether, and to what extent, threats or acts of violence will be acted upon by FMFI. In making this determination, FMFI may undertake a case-by-case analysis in order to ascertain whether there is a reasonable basis to believe that workplace violence or threats of workplace violence have occurred. No provision of this policy shall alter the at-will nature of employment at FMFI.

1.17. WEAPONS POLICY

FMFI wishes to maintain a work environment that is free of firearms, weapons, explosives, and other dangerous materials. To achieve this goal, FMFI prohibits the possession, transfer, sale, or use of the following items in FMFI buildings, in FMFI vehicles or on the employee’s person during work time: firearms, ammunition, switchblade knives and knives with a blade longer than four inches, dangerous chemicals, and explosives, and any other objects carried for the purpose of injuring or intimidating other people (except as otherwise allowed by law). This prohibition includes all concealed handguns, even if the individual has a valid license to carry a concealed handgun. Subject to the provisions of state and local law, this policy does not prohibit employees from transporting and/or storing a firearm or ammunition in a locked vehicle in the FMFI parking lot only. However, the use, display, or threatened use of such a firearm or ammunition will be a violation of this policy. If any employee observes any dangerous items in a FMFI facility or in another employee’s possession during work time, the employee is under a duty to report such item to management.

1.18. SAFETY AWARENESS

The health and safety of employees and others on FMFI property are of critical concern to FMFI. We strive to attain the highest possible level of safety in all activities and operations. FMFI also intends to comply with all health and safety laws applicable to our business.

FMFI must rely upon employees to ensure that work areas are kept safe and free of hazardous conditions. Employees should be conscientious about workplace safety, including proper operating methods and known dangerous conditions or hazards. All employees receive safety training and are expected to proactively identify and report any work conditions, work practices, and workplace security incidents and concerns that pose a risk of accident or injury. Employees are expected to immediately bring these issues to their supervisor/manager, Environmental Health and Safety Manager, and/or Human Resources for resolution, even if you believe you have corrected the problem.

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Specific policies and procedures to manage specific hazards are described in FMFI’s Safety Manual.

1.19. SEVERE WEATHER

In case of inclement weather, the CEO and/or the CEO’s designee will determine if the FMFI facilities will close. Non-exempt employees will have the option to use PTO time to recover lost hours in the event facilities close due to weather.

Employees unable to arrive for work on a day when facilities remain open will also be charged one (1) day of PTO. If no PTO is available, the employee will not be paid for the day. All employees who are unable to report to work should call their department supervisor and report their absence 60 minutes prior to the start of their work day, it may be considered an unexcused absence.

On days when weather conditions worsen, FMFI may decide to close early. In such cases, a decision and an announcement will be made by the CEO. Employees will be expected to remain at work until the appointed closing time.

1.20. VEHICLE OPERATIONS

Drivers of FMFI vehicles are directly responsible for the safe and prudent operation of the vehicle in all situations and conditions:

 It is the driver’s responsibility to drive safely at all times.  Seat belts will be worn by the driver and any passenger AT ALL TIMES when the vehicle is in motion.  The use of cell phones while operating a FMFI vehicle or while operating a personal vehicle on work time is prohibited, even with the use of a hands-free device. Employees are expected to pull over in a safe location before utilizing their phones while in an FMFI vehicle or driving on work time.

SECTION 2

WAGE AND SALARY ADMINISTRATION

2.1. WORKING HOURS, OVERTIME AND ABSENCES

HOURS OF WORK

The normal full-time work period for full-time employees is either forty (40) hours per week or eight (8) hours per day, with a maximum of eighty (80) hours per bi-weekly pay period. Each supervisor will allow full-time personnel one break period during the first half of the day and one break period during the second half of the day. No break period shall exceed a fifteen (15) minute absence from the employee's work station. Unused break periods may not be accumulated and cannot be used for other purposes such as late arrival at work or early

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FAIRFAX MEDICAL FACILITIES, INC. departure. Lunch is for one (1) hour. The lunch period can be adjusted based upon work schedule, but cannot be less than thirty (30) minutes for non-exempt (hourly) employees and must have the approval of the immediate supervisor.

Without prior supervisory approval, an employee may not work through the lunch hour nor beyond the end of the shift to make up time for tardiness or absence.

OVERTIME

FMFI’s goal is to encourage all employees to work their designated hours and to complete their work duties within normally scheduled work hours. However, there will be instances when an employee may be needed/required to work overtime. Except in those instances when patient care or the general safety would be jeopardized, the CEO has the authority to authorize overtime hours.

ELIGIBILITY FOR OVERTIME

In accordance with the Fair Labor Standards Act (FLSA), non-exempt employees are eligible to receive overtime pay at a rate of one and one- half times their regular pay for time worked in excess of forty (40) hours per workweek.

Exempt Employees are not eligible for overtime; they are expected to work as many hours as required to perform the duties of the position.

SCHEDULING AND WORKING OVERTIME

Before overtime is worked, the employee must have approval from his or her supervisor. At the supervisor’s discretion, an employee’s work schedule may be adjusted during a workweek to avoid overtime.

TIME WORKED

Only actual hours worked count toward overtime. Approved paid absences, including but not limited to vacation leave, holiday leave, FMLA, military leave, jury and witness duty, funeral/bereavement leave, and voting time off, are not counted as time worked for the purposes of computing overtime.

It is the responsibility of each non-exempt employee to report ALL of his/her time worked, the beginning and end times of all meal periods, early or late arrivals, early or late departures and/or time away from work accurately and completely for each pay period. Employees are not allowed to work “off-the-clock” (work performed before clocking in or after clocking out). Any falsification or misrepresentation of time and attendance information (even those which the employee perceives may benefit the Company) may result in disciplinary action, up to and including dismissal.

RECORDS

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A will be used to determine the pay of non-exempt employees and to compute the amount of overtime pay, if any, to which a person is entitled. Tardiness, however, will affect the amount of pay an employee will receive, and chronic tardiness will result in disciplinary action.

Every employee is required to sign his or her time record to certify the accuracy of the time recorded. Altering, falsifying, or tampering with time records may result in disciplinary action, up to and including termination of employment.

It is against Company policy to enter false time on your own time record, or somebody else’s. This includes a manager or supervisor altering an employee’s time record or advising an employee to report false work hours. Any employee who believes his or her time record has been altered, or who is instructed to alter any time record (whether their own or someone else’s), is required to report the situation to Human Resources immediately.

Time entries for employees on furlough, FMLA or EIB will be managed and maintained by HR/payroll throughout the leave period.

OFFICIAL WORK WEEK

The normal week for FMFI begins at 12:00 a.m. Sunday morning and runs until 11:59 p.m. the following Saturday night. If there is a special need for a different work week than the official FMFI work week listed above, a request for establishment of a special work week shall be submitted to the CEO or his/her delegated representative. Such approved variances shall be kept on file in the administrative offices of the CEO.

All full-time personnel are required to be present on their assigned job for the total number of hours for which compensation is being received unless absence from duty is authorized by appropriate authority.

All employees will be expected to keep a record of the number of hours they have worked during each pay period.

PUNCTUALITY AND ATTENDANCE

Regular attendance and punctuality is an expectation of all our employees. When employees meet their obligation to report for work and do so punctually, the burden of work is not passed on to co-workers or delayed. Reworking assignments or schedules to accommodate absences/tardiness causes waste and inefficiency which may prevent us from reaching our goals. In rare instances when employees cannot avoid being late to work or are unable to work as scheduled, they should notify their Supervisor/Manager as soon as possible in advance of the anticipated tardiness or absence. Paid Time Off (PTO) is made available and should be utilized for such unscheduled events.

ATTENDANCE/PUNCTUALITY OBLIGATIONS

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Employees are expected to be at their work station and ready to work at starting time. Work activity should commence at starting times and continue until the normal designated stopping times for breaks, lunch, or the end of work. An employee is required to regularly review and authorize their own time sheets and provide a notification via the company’s electronic time and attendance system if corrections are warranted or due to a missed punch. When an employee misses a punch, the employee should see his or her supervisor immediately.

Individuals with disabilities may be granted reasonable accommodation in complying with these policies if such an accommodation does not create an undue hardship for FMFI’s operations. However, regular attendance and promptness are considered part of each employee’s essential job functions.

DISCIPLINARY ACTION ON ATTENDANCE AND PUNCTUALITY

Discipline may be initiated for various reasons, including but not limited to, violations of policies, insubordination, or poor job performance. The severity of the action taken depends on the nature of the offense. The supervisor will determine on a case-by-case basis which step needs to be engaged in the process. This may range from verbal counseling to immediate dismissal, with FMFI having the discretion to determine which step is appropriate in each individual case.

The following are guidelines for the employee and supervisor to follow and intended to improve the performance of the employee.

 Written Warning  Dismissal/Termination

TYPE OF OCCURRENCE POINTS

 Absence with 1+ hour notification 1 Excluded with physician note  Absence with 59 min – 30 min notification 2 Excluded with physician note  Absence with under 29 min notification 3 Excluded with physician note  Tardy: 10 min. – 59 min. 0.5  Tardy: 1 hour or more 1

DISCIPLINARY ACTION

 5 points = Verbal Counseling  7 points = Written Warning  9 points = Dismissal/Termination

Each incidence resulting in one (1) or more consecutive work days is considered one (1) occurrence.

TARDINESS

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Tardiness means notifying your supervisor/manager that you will be clocking in later than the scheduled starting time. Tardiness greater than 10 minutes but less than one (1) hour after the scheduled start time will result in half (1/2) a point. Tardiness of one (1) hour or more of a shift will be considered one (1) point. Tardiness of 9 minutes or less, although not a point according to attendance policy, may be subject to progressive disciplinary action.

ABSENCE

Generally, an “absence” occurs when an employee misses one or more consecutive scheduled work days for a single event (i.e., vacation, flu, family, illness, and hospitalization). An “Unexcused absence” is defined as unplanned and unapproved time off during scheduled working hours (including scheduled overtime.)

It is the responsibility of each employee to notify his or her immediate supervisor/manager each time an absence or tardy occurs. If the immediate supervisor is not available, the employee must call the clinic and leave a message on the answering machine. If a message is left, the employee is expected to follow-up with the supervisor as soon as the business day begins. Failure to notify your immediate supervisor/manager one (1) hour prior to the start of your assigned shift or regular work schedule may result in corrective action.

“NO-CALL” / “NO SHOW”

This section applies in addition to the above. No-call/No-Show is failure to notify your supervisor of absence/tardiness within two (2) hours of your scheduled starting time. A No- Call/No-Show is considered a voluntary and you will be ineligible for rehire. There are extenuating circumstances, as determined by the CEO. All employees are expected to inform their supervisor/manager of absences, except when precluded by documented medical or accident conditions. Staff members who fail to contact their departments cause others to take on additional duties or result in a reduction of services to patients.

PATTERNS OF ABSENCE

Employees who display a pattern of inability or failure to report for work or report to work late may be subject to corrective action regardless of their overall attendance record. For example, an employee who is regularly absent or tardy from work on the day before or after a holiday or on a certain day of the week may be viewed as displaying a pattern of absence. A pattern of absence or tardiness exists when an employee’s absences or tardiness occur with a common factor (day of week, day before / after holiday/ regular days off, etc.). Continuing patterns of absences, early departures, or tardies may warrant disciplinary action. FMFI reserves the right to require an employee to submit a physician’s certificate in the event of repeated absences for medical reasons or in the event of medical absences exceeding three (3) consecutive days.

EXCLUDED ABSENCES

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Certain absences will be considered excused, excluded from the attendance program, and administered in accordance with their individual policies. For additional details regarding excused absences, contact Human Resources. The following are some examples:

 Time off covered by the FMLA;  Bereavement Leave;  Time-off granted as a reasonable accommodation;  Workers’ Compensation Injury or Leave;  Jury Duty or Witness Leave;  Approved Leave of Absence;  Paid Time Off (PTO) approved in advance; and  Military Leave.

2.2. COMPENSATION AND PAYROLL

TIME RECORDS

FMFI assures all employees will be fairly compensated for hours worked. To ensure this, all non-exempt employees must clock in and clock out on the time clock. The time clock may be accessed manually at a location in each clinic or on the employee’s desktop.

 Employees will clock in when they arrive for work. Employees must clock themselves in and out and may not ask someone else to clock in or out for them or on their behalf.  Employees will utilize the same process to clock out and back in for meals.  Employees will clock out at the end of the day using the same method.  Employees must clock out when leaving the building unless they are leaving on company business.  When an employee leaves the building for company business, each and every trip for company business no matter how long the distance of travel, must be approved by the employee’s immediate supervisor. For an approved trip outside of the building for company business the employee may remain clocked in when leaving the building. Remaining on the clock when outside of the building for an unapproved reason will result in disciplinary action up to and including termination.  Employees will be scheduled for a meal break during every eight (8) hour shift. Meal breaks should be at least thirty (30) minutes in length with approval of supervisor.  At the end of the pay period (two weeks), employees will submit their own time sheet for approval by their supervisor. Employees have access to print their own time sheet and pay statement from IPS under My Account. Timesheets must reflect the time employees begin working and end working. If a punch is missed, employees must submit a form to their supervisor to change the punch to the correct time. Missed punch forms will be sent to the payroll by the supervisor.  No more than three (3) missed punches per two (2) weeks will be tolerated. Employees who do not clock in or out at the correct time more than three times within a two-week period will receive disciplinary action for missing their punches. Disciplinary action could include termination of employment.

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 No employee is permitted to work “off the clock.” All time spent working for FMFI must be accurately recorded. No supervisor or manager has the authority to ask any employee to work without recording their time. Any violations of this policy must be reported to Human Resources immediately.

 Furlough employees, both hourly and exempt will not receive a compensated salary.

DS AND PAY DAYS

The pay period will begin Sunday at 12:00 a.m. and end every other Saturday at 11:59 p.m. Pay days are every other Friday on the Friday following the end of a pay period.

PAYROLL DEDUCTIONS

Deductions that may be taken from an employee’s salary include, but are not limited to the following: 1) Federal, state, and local withholding tax, 2) FICA taxes, and 3) Miscellaneous deductions. For non-exempt employees, miscellaneous deductions will typically be those spelled out in a deductions agreement signed by the employee.

Exempt employees are paid a salary to compensate them for all hours worked in a week, no matter how few or how many. For exempt employees, deductions will not be made based on quality or quantity of work unless specifically allowed by federal law. For example, an exempt employee’s pay may be reduced for purposes of paying taxes, making contributions to benefit plans, etc. In addition, an exempt employee does not need to be paid his or her full salary in any workweek where the employee performs no work. In addition, unless state law provides differently, an exempt employee’s salary can be reduced for the following reasons:

 Full day absences for personal reasons, including vacation, sickness or disability where the employee does not have paid time available.  Full day disciplinary suspensions for infractions of safety rules of major significance (including those that could cause serious harm to others).  Family and Medical Leave absences (either full or partial day absences).  To offset amounts received as payment for jury and witness fees or military pay.  Unpaid disciplinary suspensions of one or more full days for significant infractions of major workplace conduct rules set forth in written policies.  The first or last week of employment in the event you work less than a full week.

Exempt employees will not have their salary reduced for partial day absences for personal reasons, sickness or disability (unless covered by FMLA); closure of a facility on a scheduled work day; absence due to jury duty, attendance as a witness, or military leave; or any other deductions prohibited by state or federal law. However, exempt employees may still be required to use PTO for absences due to personal reasons, sickness or disability (whether the absence is full-day or a partial day), to the extent the employee has any such accrued time available.

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Employee company paid benefits will be paid for any employee on furlough during the furlough period.

REPORTING AN ERROR IN PAY

In the event that there is an error in the amount of pay an employee receives (including if the employee feels an improper deduction has been made from his or her or salary), the employee should promptly bring the discrepancy to the attention of Human Resources so that corrections can be made as soon as possible. Any questions about deductions from an employee’s pay, should be addressed to Human Resources. Employees who feel uncomfortable reporting the issue to Human Resources, may report the issue to the Administration Manager.

Reports of violations of this policy will be investigated and corrective action will be taken, up to and including termination of any employee(s) who violates this policy.

In addition, FMFI will not allow any form of retaliation against individuals who report alleged violations of this policy or who cooperate in any investigation of such reports. Any form of retaliation in violation of this policy will result in disciplinary action, up to and including discharge.

It is our policy to comply with the salary basis requirements of the Fair Labor Standards Act (“FLSA”). Therefore, we prohibit all FMFI managers from making improper deduction from wages. If you believe that an improper deduction has been made, you should immediately report this information to your direct supervisor or to the administration. Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has been made, you will be promptly reimbursed.

EXPENSE REIMBURSEMENT

Employees are entitled to expense reimbursement when making approved purchases. All reimbursable expenses must have prior approval. Examples are but are not limited to:

 Mileage - .50 p/mile  Meals while traveling for company business  Purchase of supplies when requested

These expenses and all other reimbursement requests must be presented with detailed receipt within sixty (60) days of purchase or date of travel.

Expenses that cannot be approved include employee purchases of alcohol while on travel and expenses for amusement or side trips.

SECTION 3

EMPLOYEE BENEFITS

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3.1. HEALTH AND LIFE INSURANCE

Under the Affordable Care Act, all regular employees who work a minimum of thirty (30) hours per week are eligible to enroll in FMFI’s health insurance plan, after ninety (90) days employment. FMFI shall pay 100% of the premium for eligible employees.

Employees working a minimum of 20 hours per week have the option of coverage for his/her family at their own expense.

FMFI will continue to pay 100% of the premium for eligible employees on furlough during the furlough period.

A description of the benefits may be found from FMFI’s insurance carrier and the Summary Plan Documents.

3.2. RETIREMENT OR PENSION PLAN

All full-time employees shall become eligible to participate in FMFI’s Pension Plan after the ninety (90) day Introductory Period. The funds contributed to this plan by the agency shall be based upon the amount set by the Board of Directors based on the availability of budgeted funds.

Complete details of FMFI’s Pension Plan are covered in a separate document which is given to each employee at the time of enrollment. A copy of the plan itself is on file in the Executive Assistant's office and is available to any employee upon request.

3.3. HOLIDAYS

The following holidays are recognized by FMFI:

New Year’s Day Martin Luther King, Jr. Day Presidents Day

Memorial Day Independence Day Labor Day

Columbus Day Veteran’s Day Thanksgiving

Christmas

Holidays occurring on Saturday will be observed on the preceding Friday. Holidays occurring on Sunday will be observed on the following Monday. The CEO may designate any other additional work day as a holiday.

No holiday with pay is granted when it immediately precedes the first day of employment, is surrounded by a leave without pay, or is the first or last day of absence without pay. Further, the holiday will not be paid if the employee has an unauthorized absence either the day

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before or day after the holiday. The supervisor may request a physician's statement for any absence for illness.

When a holiday is observed within an employee's Paid Time Off period, the day is not chargeable against accrued Paid Time Off time.

The observance of a special religious holiday may be approved by the CEO. In such cases, however, the time off is charged to Paid Time Off or Personal Leave.

When a holiday is observed while an employee is on paid , the day is not chargeable against his/her accrued sick leave time.

Holiday pay is meant to replace the pay an employee would otherwise have received had the facility been open. Thus, an employee is only eligible for if the employee would have worked that day on the employee’s normal schedule. Holidays will be paid based on the number of hours an employee would normally have been scheduled to work on that day. For example, an employee normally scheduled to work five eight-hour days, Monday through Friday, would be paid eight-hours of holiday time for a holiday falling on any of those days of the week. However, an employee normally scheduled to work four ten-hour days, Monday through Thursday, would be paid ten hours of holiday pay for a holiday falling on a Monday, but no holiday pay for a holiday falling on a Friday.

The number of hours for holidays for which payment is authorized is prorated for part-time employees.

3.4. PAID TIME OFF (PTO)

Paid Time Off (PTO) is an all-purpose time-off policy for eligible employees to use for personal business, vacation, and illness. The PTO accrual is based on hours worked. Holidays are kept separate from PTO accrued. Employees in the following employment classifications are eligible to earn and use PTO as described in this policy:

 Regular full-time employees  Regular part-time employees

Once employees enter an eligible employment classification, they begin to earn PTO according to the schedule below. However, before PTO can be used, the employee must successfully complete the (ninety) 90-day waiting period. After that time, employees can request use of earned PTO including that accrued during the waiting period. (See 1.6 Introductory Period).

The amount of PTO employees receive each year increases with the length of their employment as shown in the following schedule:

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 Upon initial eligibility, employee is entitled to the equivalent of two weeks of PTO each year. For an employee working 40 hours per week, this would be 80 hours each year, accrued biweekly at the rate of 3.08 hours.  After 5 years of eligible service the employee is entitled to the equivalent of three weeks of PTO each year. For an employee working 40 hours per week, this would be 120 hours, accrued biweekly at the rate of 4.62 hours.  Employees not working 40 hours per week will accrue at a prorated rate based on the typical number of hours worked in a work week. For example, an employee who typically works 30 hours per week would be entitled 60 hours of PTO each year from when they are initially eligible through when they hit 5 years of eligible service. This would be accrued biweekly at the rate of 2.3 hours. That same employee’s biweekly accrual rate after they hit 5 years of eligible service would increase to 3.46 hours.

PTO does not accrue during periods of leave of absence without pay, suspension, or .

If PTO time has been exhausted, all time off requests may be denied. Time off without pay may be permitted with supervisor approval in extenuating circumstances.

The length of service is calculated on the basis of a "benefit year." This is the 12-month period that begins when the employee begins their employment. An employee's benefit year, may be extended for any significant leave of absence except military leave of absence. Military leave has no effect on this calculation.

PTO can be used in minimum increments of thirty (30) minutes. Employees who have an unexpected need to be absent from work should notify their direct supervisor before the scheduled start of their workday, if possible. The direct supervisor must also be contacted on each additional day of unexpected absence.

Leave is granted subject to the convenience of FMFI. Employees shall file a request with their supervisor at least two (2) weeks prior to their desired leave date. Under no circumstances may PTO be used prior to being accrued.

Upon reasonable notice, a supervisor may request an employee use a portion of his/her accrued PTO for stated purposes (e.g., extended bereavement and FMLA) at any time this is deemed advisable.

If an employee becomes sick while on PTO, Extended Illness Benefit (EIB) may be used per policy.

An employee may carry over up to a maximum of 160 hours at year end (December 31st). At the discretion of the CEO, employees may cash in leave hours, at the rate of pay earned, once a year to be paid the first paycheck in December. These employees must be able to maintain a minimum balance of 40 hours PTO at time of cash-in request.

At the discretion of the CEO and based on the circumstances, consideration will be given for those employees who wish cash-in PTO. Employees will be required to maintain a minimum

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balance of 40 hours PTO when cashing in PTO. For example, an employee with 70 hours of PTO may request to cash-in up to 30 hours of PTO.

Employees who resign their employment will be eligible to receive pay for unused PTO if they meet the following criteria:

(1) The employee has successfully completed the Introductory Period; and

(2) The employee gives proper notice of their resignation. For purposes of this policy, “proper notice” means a two (2) week notice for non-exempt employees and sixty (60) day notice for exempt.

Employees who have their employment terminated or who resign but do not meet the criteria above are not eligible to receive pay for unused PTO.

3.5. EXTENDED ILLNESS BENEFIT

FMFI provides EIB to all eligible employees for periods of temporary absence due to illnesses or injuries. Eligible employee classification(s):

 Regular full-time employees  Regular part-time employees

Eligible full-time employees will accrue EIB at the rate of forty (40) hours per year or 1.54 hours per biweekly pay period. Eligible part-time employees will accrue EIB at a prorated rate based on their regularly scheduled workweek. Employees are not eligible to request or utilize accrued EIB until they successfully complete the Introductory Period. EIB is calculated based on the Employee’s Anniversary Date.

EIB can be used in minimum increments of one (1) day. EIB benefits may be used for maternity/paternity after delivery or complications during pregnancy, or to comply with a recommendation or order by a health authority or health care provider that the physical presence of the employee on the job would jeopardize the health of others because of exposure of the employee to a pandemic outbreak. When surgery is necessary, employees shall notify their department supervisor prior to scheduling elective surgery. The department supervisor will check the schedule to ensure coverage with minimal amount of overtime and discuss dates that will be workable for the employee and FMFI. An eligible employee may only use EIB for an absence due to his or her own illness or injury, for maternity/paternity leave, and for leave after a child has been placed with the employee for adoption or for foster care (“qualifying event”).

ElB’s are not payable for other types of leave, vacation, or holidays.

EIB’s shall be used only when the employee has used a minimum of 24 hours of PTO for each occurrence of a qualifying event. If the employee has no available PTO, the first three

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(3) days (24 full-time hours) of absence due to a qualifying event shall be unpaid. The three (3) day waiting period is waived on the first day of hospitalization.

Employees who are unable to report to work due to a qualifying event should notify their direct supervisor no later than one (1) hour before the beginning of the scheduled shift or otherwise specified by the department supervisor. The department supervisor must also be contacted on each additional day of absence. If an employee is absent for three (3) or more consecutive days due to his or her own illness or injury, a physician's statement must be provided verifying the illness or injury and its beginning and expected ending dates. Such verification may be requested for other absences due to illness or injury as well and may be required as a condition to receiving EIB. Before returning to work from an absence due to illness or injury of three (3) calendar days or more, an employee must provide a physician's verification that he or she may safely return to work.

EIB will be calculated based on the employee's base pay rate at the time of absence and will not include any special forms of compensation or overtime. Unused EIB will be allowed to accumulate until the employee has accrued a total of 160 hours. If the employee's benefits reach this maximum, further accrual of EIB will be suspended until the employee has reduced the balance below the limit.

EIB is intended solely to provide income protection in the event of a qualifying event, and may not be used for any other absence. PTO or EIB benefits shall not be paid in conjunction with absence due to Workers' Compensation. However, PTO or EIB may be used for non- covered days until Workers' Compensation benefits are acquired. Unused EIB will not be cashed out to employees while they are employed and will not be paid out upon termination of employment.

3.6. EDUCATION LEAVE

GENERAL

Education and training may be obtained through in-service and programs outside of the agency in programs offered by other organizations, institutions, associations, etc. These programs may be informal, professional, or other meetings designed to keep staff current in their disciplines. The employee may also participate in formal classroom study leading to a certificate or degree, when in direct relationship to their current position.

As a benefit and an encouragement, employees should take advantage of the opportunities for continuing education. FMFI budgets funds to compensate, in part, the employee for costs incurred in pursuit of this goal. Employees must request authorization of attendance and reimbursement at least 30 days in advance. Authorization for attendance and reimbursement of incurred costs will be consistent with stated policy upon availability of budgeted funds. FMFI retains the discretion as to whether to approve requested attendance taking a number of factors into account, including but not limited to the cost, clinic scheduling, approved CE by applicable Oklahoma licensing board and will count toward license renewal and if another lower cost option is available.

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PROFESSIONAL MEETINGS

Permission for attendance at professional meetings must be requested no later than one (1) month in advance.

Requests for attendance at all meetings must be approved by the Supervisor and the CEO. The request must state the nature of the meeting, its relationship to the employee's work, duration, location, and estimated cost of attendance.

FMFI will be responsible for travel and other reasonable expenses reported in accordance with and as authorized by the Standardized Travel Regulations issued by the federal General Services Administration. Unrelated expenses (such as amusement, side trips, etc.) will be borne by the employee.

3.7. BEREAVEMENT LEAVE

Employees requesting to take time off due to the death of an immediate family member or relative should notify their supervisor/manager immediately. Full-time employees may be granted up to three (3) days paid time off from work to attend the funeral and to make any necessary arrangements. All other employees are not eligible for paid bereavement, although they may request the leave on an unpaid basis. Documentation required as verification include a copy of the death notice, a memorial card from Funeral Home, or other related documentation. Such leave shall be in addition to available paid time off (PTO) leave.

Immediate family members include: spouse, parents - step or in-law, grandparents or in-law, siblings, children including step or foster, and grandchildren.

Where an employee wishes to attend funeral services for other family members or friends, time off without pay may be granted or the employee may be allowed to use Paid Time Off (PTO). All requests must be approved by management in advance.

3.8. JURY/WITNESS DUTY

FMFI recognizes your civic responsibility to serve on a jury. Employees will be provided time off with pay for jury duty. If you are called as a juror or witness, notify and discuss working arrangements with your supervisor immediately. In some cases, it may be possible to reschedule jury service if it creates a severe operating burden on the department. For assistance, supervisors should contact Administration.

Evidence of jury or witness duty attendance must be presented to Administration. For jury duty, this is normally a time record sheet provided by the Clerk of Court or a subpoena for witness duty. This record is necessary to authorize Paid Time Off, and it is necessary to verify that your time off is excused. The employee should continue to report for work on those days or parts of days when excused from jury or witness duty or when jury or witness duty does not conflict with his or her work.

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The employee will be paid the difference between what they receive for jury duty service and the employee’s normal salary for an eight (8) hour day.

In those circumstances where no evidence of jury duty attendance is provided, (1) the time away from work will be recorded as an unexcused absence and attendance policies will apply and (2) the employee may be required to use accrued paid time off (PTO) or take leave without pay.

In no event, will the salary of an exempt employee be reduced for any week in which the employee works and also misses time for jury or witness duty.

3.9. TIME OFF TO VOTE

Employees are encouraged to utilize their right to vote in local, state, and national elections. If an employee is scheduled to work during the time that polls are open (7am to 7pm), the employee should inform their supervisor the day before the election and they will be allowed two (2) paid hours off to vote. If allowing time off in the middle of the work day is not feasible, then the manager can rearrange the schedule to allow the employee to vote.

3.10. DISCRETIONARY LEAVE

Discretionary leave may be granted at the discretion of the CEO. Due to the size of FMFI, there is no guarantee that a position will be available at the end of a discretionary leave period. If a position is available, it may not be the same position or equivalent in job function or salary. Discretionary leave is subject to the following conditions:

1. All accrued paid time off must be used at the beginning of the discretionary leave. Such leave shall not be granted for more than twelve (12) months, but may be extended for another twelve (12) months.

2. The employee may return to work, prior to the expiration of the leave without pay, if a position is available, with the approval of the CEO.

3. Failure on the part of the employee to report to work immediately at the expiration of a leave without pay, when a position is available, shall be considered a termination, except for:

 valid reasons submitted in advance, or  an emergency, with the approval of the CEO.

4. Continuation of life and health insurance. Employees can remain covered under their current policy if they are on a discretionary leave and are using paid time off benefits. The employee must pay the premium for coverage during discretionary leave. However, please note that once an employee on discretionary leave has used all accrued PTO and EIB (and assuming the employee has exhausted all available FMLA Leave or that FMLA leave is not available), the employee will no longer be considered

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an eligible employee under FMF’s health insurance policy. In that event, employees will be offered COBRA to continue their health insurance. Health insurance will be reinstated upon the employee's return to work.

3.11. FAMILY AND MEDICAL LEAVE ACT

FMFI offers leave consistent with the requirements of the Federal Family and Medical Leave Act (FMLA). Under the FMLA, an employee may be eligible for an unpaid, job-protected leave for family and medical reasons under certain circumstances. The purpose of this policy is to provide employees with a general description of their FMLA rights. If there is any conflict between this policy and applicable law, applicable law will control.

REQUIREMENTS AND REASONS FOR FMLA LEAVE

Under the Federal FMLA, employees are eligible for FMLA leave if they have worked as an employee of the Company for at least twelve (12) months (the 12 months does not need to be a continuous period of service), have been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave, and are employed in an office or worksite where 50 or more employees are employed by the Company within 75 miles of that office or worksite.

It is the policy of the Company to track FMLA leave based on a 12-month period. The 12- month period is measured forward from the date of the employee’s first FMLA leave. For example, an employee begins an FMLA leave on November 6. His/her 12- month period is from November 6 of that year through November 5 of the following year. After completion of the 12-month period, a new 12-month period would not begin until a new FMLA leave is requested and begins.

FMLA leave is unpaid unless an employee has accrued PTO or EIB (if applicable). FMFI requires employees on FMLA to use accrued paid leave to cover some or all of the FMLA leave taken. The substitution of accrued EIB is limited to those occasions in which the reason for the FMLA leave qualifies the employee for EIB under FMFI’s policies. The substitution of paid leave time for unpaid leave time does not extend the FMLA authorized leave period.

FMLA LEAVE ENTITLEMENTS

Eligible employees are entitled up to twelve (12) weeks of leave per year consisting of appropriate accrued vacation or paid time off (if applicable) and unpaid leave for:

 The birth of a child and to care for the newborn child.  Placement of a child into adoptive or foster care with the employee.

The entitlement to leave for the birth or placement of a child for adoption or foster care will expire twelve (12) months from the date of the birth or placement. Additionally, leave provided under FMLA for the birth or placement of a child may not be taken intermittently or on a reduced schedule leave.

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 Care for a spouse, son, daughter, or parent who has a serious health condition.  Care for the employee’s own serious health condition.

A “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves: any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice center, or medical care facility; a period of incapacity requiring absence of more than three (3) calendar days from work or other regular daily activities that also involves continuing treatment by a health care provider; any period of incapacity due to pregnancy or for prenatal care; any period of incapacity due to chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer’s, stroke, terminal diseases, etc.); or any absences to receive multiple treatments by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three (3) consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).

 Due to “any qualifying exigency” arising out of the fact that the spouse, son, daughter, or parent of the employee is a member of the Armed Forces (including National Guard and Reserves), on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation.

A “qualifying exigency” must be one of the following: short-notice deployment, military events and activities, child care and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and/or additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on the timing and duration of leave.

Eligible employees are entitled to up to 26 weeks of leave during a single 12-month period (consisting of appropriate accrued vacation or paid time off, if applicable and unpaid leave) is available for “military caregiver leave” to allow an employee to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin. A covered service member is a current member of the Armed Forces (including the National Guard or Reserves) who:

 Is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious illness or injury sustained or aggravated in the line of active duty; or

 Is a veteran who was discharged or released under conditions other than dishonorable who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the first date on which the eligible employee takes FMLA leave to care for the covered veteran.

The FMLA definition of “serious injury or illness” for current service members and veterans is distinct from the FMLA definition of “serious health condition”. For a current service member,

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FAIRFAX MEDICAL FACILITIES, INC. a serious injury or illness is one that may render the service member medically unfit to perform his or her military duties. For a veteran, a serious injury or illness is one that rendered the veteran medically unfit to perform his or her military duties, or an injury or illness that qualifies the veteran for certain benefits from the Department of Veterans Affairs or substantially impairs the veteran’s ability to work. For veterans, it includes injuries or illnesses that were incurred or aggravated during military service but that did not manifest until after the veteran left active duty.

If an eligible employee qualifies in the applicable 12-month period for leave to care for a service member and leave for one of the other purposes described above, that employee shall be entitled to a combined total of 26 work weeks of leave.

INTERMITTENT OR REDUCED LEAVE

Generally, FMLA leave must be taken all together and may not be split into smaller periods. However, if intermittent or reduced leave schedule is medically necessary because of the employees’ serious health condition or the serious health condition of a spouse, child, or parent (or nearest blood relative in the case of service member leave) and the health care provider certifies that it is medically necessary, the employee may be granted leave on an intermittent or reduced leave schedule. This means the employee may work a fewer number of days per week than normal or work a fewer number of hours per work day than normal. As noted above, leave for the birth or placement of a child may not be taken on an intermittent or reduced leave schedule.

When intermittent or reduced leave schedule is allowed, the employee must attempt to schedule their leave so as not to disrupt operations. Additionally, management may require the employee to temporarily transfer to an available alternate position for which they are qualified which provides equal pay and benefits and which better accommodates the intermittent or reduced leave schedule.

COMBINED LEAVE TOTAL

A husband and wife both employed by the Company are jointly entitled to a combined total of twelve (12) work weeks of FMLA leave during a 12-month period for the birth or placement of a child for adoption or foster care or to care for a parent who has a serious health condition. However, in the case of a serious health condition of the husband or wife or child, the husband and wife would each be entitled to a total of 12 weeks of leave.

If both a husband and wife work for the Company and are eligible for service member family leave, then they are entitled to take only a combined total of 26 weeks leave during the single 12-month period.

APPLICATION FOR LEAVE

In all cases, an employee requesting leave must complete certain required paperwork, which consists of “Application for Family and Medical Leave” and the appropriate certification documents, if applicable. The completed application must state the reason for leave, the

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FAIRFAX MEDICAL FACILITIES, INC. duration of the leave, and the starting and ending dates (if known) of the leave. All forms must be returned to Administration.

NOTICE OF LEAVE

Employees are expected to comply with the Company’s usual and customary requirements for requesting leave and provide enough information for the employer to reasonably determine whether FMLA leave will apply to the leave request.

If the need for leave is foreseeable, an employee must give notice of leave and submit an application for leave to Administration at least 30 days before the leave. For example, 30- day notice must be given before leave requested for the expected birth or placement of a child for adoption or foster care or because of a planned medical treatment. If a 30-day notice is not possible, the employee must give notice as soon as practicable (within two business days of learning of your need for leave) by submitting an “Application for Family and Medical Leave.” Failure to provide appropriate notice or submit an application may result in delay or denial of the leave.

Upon receipt of required documentation, the Company will notify the employee within five (5) business days in writing whether or not the leave will be designated as FMLA leave. While on leave, the employee must contact Human Resources every two weeks regarding his/her status and intention to return to work. If the employee requests leave for a different qualifying reason in the same leave year and the employee’s eligibility status has changed, the Company will notify the employee of the change in eligibility status within five (5) business days.

CERTIFICATIONS OF LEAVE

The employee must also provide the appropriate certifications depending upon the type of leave. The possible certifications may include: 1) WH-380-E - Certification of Healthcare Provider for Employee’s Serious Health Condition; 2) WH-380-F - Certification of Healthcare Provider for Family Member’s Serious Health Condition; 3) WH-384 - Certification of Qualifying Exigency for Military Family Leave; or 4) WH-385 - Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave. The certification must be returned within 15 days after the employee requests leave or it has been determined that the employee qualifies for leave.

The employee is responsible for paying for the cost of the medical certification and for making sure the certification is provided to the employer. If the certification is incomplete or insufficient, the employer must give the employee a written notice stating what additional information is necessary to make the certification complete and sufficient. The employee must provide the additional information to the employer within 7 calendar days in most circumstances. A certification is considered incomplete if one or more of the applicable entries on the form have not been completed. A certification is considered insufficient if the information provided is vague, unclear, or non-responsive.

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Failure to provide requested certification in a timely manner might result in denial of leave until it is provided. In the case of an employee’s own serious health condition, FMFI reserves the right to require a second or third opinion at its expense and also can require a medical certification as frequently as every 30 days. In addition, FMFI will require certification of the employee’s ability to return to work if the leave is related to the employee’s serious health condition.

Health care providers who may provide certification of a serious health condition include:

 Doctors of medicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices;  Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors authorized to practice in the State and performing within the scope of their practice under State law;  Nurse practitioners, nurse-midwives, and clinical social workers authorized to practice under State law and performing within the scope of their practice as defined under State law;  Any health care provider recognized by FMFI or the group health plan’s benefits manager; and  A health care provider listed above who practices in a country other than the United States and who is authorized to practice under the laws of that country.

FURLOUGH LEAVE

A furlough employee is a temporary cessation of employment due to sudden change in the economic condition of FMFI. FMFI shall have the right to place an employee on furlough due to lack of appropriations or lack of work resulting from an unpredictable event, including natural disaster, fire, crisis, pandemic, or other form of sudden budgetary short-fall. Employee shall also have the right to apply for state unemployment security benefits during the furlough period.

BENEIFTS COVERAGE DURING LEAVE

While an employee is on an approved FMLA leave, FMFI will continue the employee’s Group Health and Life Benefits (if applicable) during the leave period at the same level and under the same conditions as if the employee had continued to work. A COBRA qualifying event will occur for the employee if the employee does not return at the end of the FMLA period. The employee will then be sent COBRA continuation information to continue the group health coverage at the COBRA rates.

While on paid leave (if applicable), FMFI will continue to make payroll deductions to collect the employee’s portion of the premium (if any).

While on unpaid leave, employees will need to enroll in COBRA if they choose. COBRA is billed to the member. Payment will need to be submitted to original health benefit vendor by the 20th of each qualifying month.

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Employee company paid benefits will be paid for any employee on furlough during the furlough period. Non-company paid benefits will continued to be paid, as long as payment for such benefits is received from the employee.

RESTORATION OF EMPLOYMENT

Except as further detailed below and in the “Return from Leave” section, an employee who takes leave under this policy will be able to return to the same position or a position with equivalent status, pay, benefits, and other terms and conditions of employment.

An “equivalent job” means a position that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions.

Highly compensated employees (e.g., highest paid 10% of salaried employees at each worksite, typically must make $100,000 annually or more) may not be returned to their same position if restoration of employment would cause “substantial and grievous economic injury” to FMFI. Under these circumstances, at the time FMFI designates the leave under FMLA, FMFI will notify the employee in writing of his or her status as a “key employee”, the reason for denying the job restoration, and provide the employee a reasonable opportunity to return to work if the leave has already started.

A “key employee” is a salaried, FMLA-eligible employee who is among the highest paid ten (10) percent of all the employees employed by FMFI within 75 miles of the worksite.

WORKERS’ COMPENSATION

If you sustain an on-the job injury that qualifies as a serious health condition under this policy, FMFI will run your FMLA leave concurrently with your workers' compensation leave. The Company will provide timely notice as required by the FMLA.

NON-DISCRIMINATION STATEMENT

Management will not interfere with, restrain, or deny an employee the opportunity to exercise any right provided under FMLA. Management will not discharge or discriminate against any employee for opposing any practice made unlawful by FMLA or because of an employee's involvement proceeding under or related to FMLA.

PROHIBITED OUTSIDE EMPLOYMENT

Employees on FMLA leave are prohibited from working as a paid employee for another person or organization while on leave or absent from their regularly scheduled duties and still employed by FMFI. This prohibition against outside employment continues to apply to the employee during the time the employee is on FMLA leave.

RETURN FROM LEAVE

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Following the completion of FMLA leave, employees will be reinstated to their former position, or to an equivalent position, except as provided below.

 You fail to return to work after the expiration of the FMLA leave period;  Your employment would have been terminated (e.g. by layoff, job elimination, conclusion of temporary employment, etc.) had you continued to be actively employed during the FMLA leave period;  You are no longer qualified for the position due to your inability to satisfy the requirements of the position (such as training, licensing, certification, etc.) as a result of the leave, and you fail to fulfill those requirements after being given a reasonable opportunity to do so;  You are no longer able to perform the essential functions of the job, unless accommodation is required by applicable law;  You are a “key” employee and denial of reinstatement is necessary to prevent substantial and grievous economic injury to the operation of the Company; or  You fail to provide medical certification of fitness to return to work (in this event, reinstatement will be denied until the certification is provided).

Following the completion of FMLA leave for an employee’s own serious health condition, an employee must provide a fitness for duty certification specifying their ability to perform the essential functions of their job to return from FMLA leave.

FAILURE TO RETURN FROM LEAVE

The failure of an employee to return to work upon the expiration of an approved FMLA period will be considered a voluntary resignation of employment with FMFI unless an extension was granted in advance with appropriate documentation. An employee who requests an extension of FMLA leave due to the continuation, recurrence, or onset of his/her own serious health condition or of the serious health condition of the employee’s spouse, child, or parent must submit a request for an extension in writing to administration. Failure to request an extension prior to the expiration of the leave period may result in denial of the request. This written request should be made as soon as the employee realizes that he/she will not be able to return at the expiration of the leave period. Reinstatement is not guaranteed on a leave extended beyond the initial 12 or 26-week leave period. Reinstatement after an extension will be based on FMFI’s needs. Company health coverage is not eligible for extension.

3.12. LEAVE AS A REASONABLE ACCOMMODATION UNDER THE AMERICANS WITH DISABILITIES ACT

FMFI will grant a leave to qualified individuals with a disability if it is determined that leave is necessary to provide the employee with a reasonable accommodation for the employee’s disability and the leave does not create an undue burden on FMFI.

Leave may be a reasonable accommodation for a disability in various situations, including, but not limited to:

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 When an employee needs to obtain medical treatment (e.g., surgery, psychotherapy, substance abuse treatment, or dialysis); rehabilitation services; or physical or occupational therapy;  When an employee needs to recuperate from an illness or an episodic manifestation of the disability;  When an employee needs to obtain repairs on an assistive device, such as a wheelchair, accessible van, or prosthetic device;  When leave will allow an employee to avoid temporary adverse conditions in the work environment (for example, an air-conditioning breakdown causing unusually warm temperatures that could seriously harm an employee with multiple sclerosis);  When the leave will allow an employee to receive training in the use of an assistive device.

FMFI requires that employees use accrued paid leave before taking unpaid leave to accommodate a disability. However, employees who do not have paid leave available will be allowed to take unpaid leave as a reasonable accommodation. FMFI will not provide additional paid leave beyond its normal PTO and EIB payments for employees taking leave as a reasonable accommodation for a disability.

3.13. MILITARY LEAVE (ACTIVE AND RESERVE SERVICE)

This leave is being provided for employees participating in military service of the Armed Forces of the United States or in the Armed Forces Reserves. You are afforded reemployment rights and retain full seniority benefits for all prior service upon reemployment in accordance with the Uniformed Services. Employment and Reemployment Rights Act (USERRA). You need to provide your military service orders to your supervisor/manager for review prior to commencement of the leave.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) mandates that while an individual is performing military service for the United States, he/she is deemed to be on a furlough or leave of absence and is entitled to the rights accorded other employees on non-military leaves of absence. Under USERRA, employees are allowed, but not required, to use accrued paid time off (PTO) while performing military duty. Employees performing military duty of more than thirty (30) days may elect to continue employer-sponsored health insurance for up to 24 months. For military service of less than 31 days, health insurance coverage is provided as if the employee had continued working.

Any employee called to active military duty must provide a copy of his/her service orders to his/her supervisor/manager and administration for review prior to commencement of the leave.

REINSTATEMENT

Returning service members must be reemployed in the job that they would have retained had they not been absent for military service, with the same seniority, status and pay, as well as other rights and benefits determined by seniority.

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The period within which an employee must apply for reinstatement is based upon the length of military service. If the service was less than 31 days, the employee must return on the next regularly scheduled workday after release from service (taking into account travel time and a minimum of eight hours rest time). If the service was more than 30 days but less than 181 days, the employee must submit an application for reemployment within 14 days of release from service. For a service longer than 180 days, the employee must submit an application for reemployment within 90 days of release from service. Any applicable law or regulation will govern military leave.

3.14. WORKERS’ COMPENSATION LEAVE

FMFI will grant a workers’ compensation leave to employees with occupational illnesses or injuries in accordance with state law. To receive workers’ compensation benefits, you must report any work-related injury to your supervisor/manager and/or administration immediately. A written claim form must be completed and returned to administration. You must follow the instructions of our insurance carrier to receive the benefits for which you are entitled.

RETURN TO WORK POLICY

An important objective of FMFI is to facilitate ill and injured employees toward their recovery and return to work. This policy is based on medical principles that a return to productive activity can be therapeutic and promote a recovery. This policy applies to all employees with appropriate documentation of an illness or injury, where there has been a medical release for the employee to return to modified work. This policy is a proactive return to work process which requires cooperation and coordination between the employee and FMFI. When the employee has recovered and is physically able, he or she will be returned to full duties of the job.

3.15. SOCIAL MEDIA POLICY

At FMFI we understand that social media can be a fun and rewarding way to share your life and opinions with family, friends, and co-workers around the world. However, use of social media also presents certain risks and carries with it certain responsibilities. To assist you in making responsible decisions about your use of social media, we have established these guidelines for appropriate use of social media. Nothing in this policy is intended to prohibit employees from using social media in ways protected by law, including but not limited to, discussion of terms and conditions of employment that are protected by the National Labor Relations Act.

This policy applies to all employees who work for FMFI.

GUIDELINES

In the rapidly expanding world of electronic communication, social media can mean many things. Social media includes all means of communicating or posting information or content of any sort on the internet, including but not limited to Facebook, Twitter, LinkedIn, YouTube, Flickr, blogs, review sites, forums, online communities, location-based networks, and any

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FAIRFAX MEDICAL FACILITIES, INC. similar online platforms. Ultimately, you are solely responsible for what you post online. Before creating online content, consider some of the risks and rewards that are involved. Keep in mind that any of your conduct that adversely affects your job performance, the performance of fellow employees, or otherwise adversely affects patients or FMFI’s legitimate business interest may result in disciplinary action up to and including termination.

KNOW AND FOLLOW THE RULES

Carefully read these guidelines, the Discrimination & Harassment Prevention Policy, and Confidentiality Policy and ensure your postings are consistent with these policies. Inappropriate postings that may include discriminatory remarks, harassment, disclosure of who our patients are or their PHI, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action up to and including termination.

BE RESPECTFUL

Employees are expected to conduct themselves in a professional manner, to respect the views and opinions of others, and to demonstrate respect for FMFI, its ownership, patients, vendors, employees, and competitors. Always be fair and courteous to fellow employees who work on behalf of FMFI, as well as patients. Also, keep in mind that you are more likely to resolve work-related complaints by speaking directly to your coworkers or by utilizing our Open Door Policy than by posting complaints to a social media outlet. Nevertheless, if you decide to post complaints or criticism, avoid using statements, photographs, video or audio that reasonably could be viewed as obscene, threatening or intimidating, that identify or disparage patients, or that might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion, or any other status protected by law or FMFI’s policies. No photos of patients may ever be taken or posted on any social media outlet.

POST ONLY APPROPRIATE CONTENT

Maintain the confidentiality of FMFI’s trade secrets and private or confidential information. Trade secrets may include information regarding the development of systems, processes, products, know-how, and technology. Do not post internal reports, policies, procedures, or other internal business-related confidential communications.

Maintain the confidentiality of all protected health information (“PHI”) of FMFI’s patients. Do not create a link from your blog, website, or other social networking site to FMFI’s website without identifying yourself as an employee of FMFI.

Express only your personal opinions. Never represent yourself as a spokesperson for FMFI. If FMFI is a subject of the content you are creating, be clear and open about the fact that you are an employee and make it clear that your views do not represent those of FMFI. It is best to include a disclaimer such as “The postings on this site are my own and do not necessarily reflect the views of FMFI.”

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USING SOCIAL MEDIA AT WORK

Refrain from using social media while on work time or the equipment we provide, unless it is work-related as authorized by your manager or consistent with FMFI’s policies. Do not use FMFI’s email addresses to register on social networks, blogs, or other online tools utilized for personal use.

SECTION 4

DISCIPLINARY ACTION, GRIEVANCES, APPEALS AND TERMINATION ACTION

4.1. PROHIBITED CONDUCT/CONFLICT OF INTEREST

In order to assure orderly operations and provide the best possible work environment, FMFI expects employees to follow rules of conduct and conflict of interest that will protect the interests and safety of personnel. It is not possible to list all the forms of behavior that are considered unacceptable in the workplace, but the following are examples of infractions of rules and conduct that may be resulted in disciplinary action, including termination of employment.

 Dishonesty  Falsification of timekeeping records, employment records, or other records and work documents, including failure to accurately record all hours worked  Unauthorized use of FMFI property without prior authorization  Removing or borrowing FMFI property without prior authorization  Utilizing FMFI’s timekeeping system for another employee  Theft or the deliberate or careless damage of FMFI property or the property of any employee  Possessing, distributing, selling, transferring, using, or being under the influence of illegal drugs and/or alcohol in the workplace  Carrying firearms or any other dangerous weapons, at any time, on premises or vehicles owned or occupied by FMFI, except as allowed by State law  Causing, creating, or participating in a disruption of any kind during working hours or on premises owned or occupied by FMFI  Insubordination  Interfering with a co-worker’s job performance  Fighting or threatening violence in the workplace  Yelling, using profanity toward another employee  Sleeping or malingering on the job  Performing unauthorized personal work on company time  Failure to observe working hours, excessive absenteeism, tardiness, or early departures  Consecutive unreported absences of three (3) days, or any absence without notice  Unauthorized disclosure of business “secrets” or PHI  Violating any safety, health, or security policy, rule, or procedure of FMFI  Committing a fraudulent or illegal act or a breach of trust in any circumstances

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 Unsatisfactory performance or conduct  Making or accepting excessive personal phone calls, using an earpiece/Bluetooth violating safety protocol  Any act that might endanger the safety or lives of others  Departing company premises for personal reasons without prior authorization  Willful disregard of company policies and procedures  Conflict of interest violation  Acceptance of gifts or gratuities

Note: These statements of prohibited conduct are examples only, not all-inclusive lists, and are not intended to restrict or alter FMFI’s policy of employment at-will. Either you or FMFI may terminate the employment relationship at any time for any reason, with or without cause or without notice. Nothing in this policy is meant to or should be construed to prohibit employees from engaging in protected concerted activity.

4.2. DISCIPLINARY ACTION

Discipline may be initiated for various reasons, including but not limited to, violations of policies, insubordination, or poor job performance. The severity of the action taken depends on the nature of the offense. The supervisor will determine on a case-by-case basis which step needs to be engaged in the process. This may range from verbal counseling to immediate dismissal, with FMFI having the discretion to determine which step is appropriate in each individual case.

The following disciplinary steps are guidelines for the employee and supervisor to follow and intended to improve the performance of the employee.

 Coaching  Formal Verbal Counseling  Written Warning  Disciplinary  Demotion  Suspension  Dismissal

It is our intent for discipline to be timely based upon the issue at hand and for it to follow as closely as possible after the incident. However, it is also our intent to investigate situations, when necessary, prior to taking action. Therefore, sometimes disciplinary action may be delayed while a situation is reviewed and investigated.

4.3. GRIEVANCE

A grievance is defined as the dissatisfaction that occurs when an employee believes, in good faith, that any condition of employment affecting him/her is unjust, inequitable, a hindrance to effective operation, or creates a problem.

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FMFI’s grievance procedure is available to any employee who wishes to voice any complaints he/she may have against working practices or conditions within FMFI.

Whenever possible, grievances should be resolved on the departmental level between the employee and his/her immediate supervisor.

All meetings and investigations related to grievance reviews shall, insofar as possible, be conducted during the employee's regular working hours and in private.

FMFI will seek to ensure that employees subject to these rules shall be afforded fair, equitable, and expeditious hearings of matters of grievance without fear of coercion, discrimination, or reprisal for exercising the right of request for redress from grievance.

THE GRIEVANCE PROCEDURE

The grievance should generally be brought to the attention of the employee's immediate supervisor. However, in the event the employee’s grievance is with his or her immediate supervisor, the grievance should be brought to the attention of the supervisor’s superior. The supervisor (or supervisor’s superior) and employee should discuss the grievance in private. If additional facts are required for a response, then the supervisor (or supervisor’s superior) must respond, either verbally or in writing, to the employee within two (2) days after receipt of the grievance. If these first meetings resolve the complaint, other actions are not necessary.

Unresolved grievances are to be written. If another supervisor does not exist, the written grievance is sent to the CEO. The unresolved grievance must be presented to the CEO within three (3) working days of the date on which the employee receives the response from his/her supervisor (or supervisor’s superior).

The Chief Executive Officer will review the documentation, and discuss the grievance with both employee and immediate supervisor separately and jointly. The decision of the CEO is final and cannot be appealed. Termination actions shall be in writing and signed by the immediate supervisor and the CEO.

If the grievance concerns the conduct of the CEO, the employee shall first bring his/her grievance to their immediate supervisor (step 1). The supervisor will then send to grievance to the Medical Director within three (3) working days of the date on which it was given to the supervisor. The Medical Director will then present the grievance to Board Chair within three (3) working days. If the grievance concerns both the CEO and the Medical Director, the employee can contact the Board Chair and make a direct request to be placed on the Board agenda. The Board of Control Personnel Committee will review the grievance documentation and make a recommendation to the board. The final determination will be made by a vote of the Board of Control. Since this step is the final appeal, the Board’s decision may not be appealed.

4.4. INVOLUNTARY TERMINATION

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If an employee is involuntarily terminated, a may not be given.

4.5. VOLUNTARY TERMINATION

When an employee is resigning from the FMFI, he/she should give FMFI at least two (2) weeks (10 working days) notice prior to the expected termination date. Management and/or professional employees are expected to give FMFI at least sixty (60) days prior notice. Unauthorized absences may be considered as a resignation from employment unless due to unavoidable circumstances of hospitalization.

4.6. EXIT INTERVIEW

An employee’s exit interview will be conducted when an employee decides to leave FMFI. This is to identify the reason why the employee is leaving and to highlight and analyze trends. The data will be used to determine trends we may need to address.

4.7. FINAL PAY CHECK

An employee’s final paycheck, less any appropriate “offsets” permitted by state and federal law, will be delivered at the next regular designated pay day for the pay period in which work was last performed.

SECTION 5

PERSONNEL PROCEDURES

5.1. JOB REFERENCE INQUIRIES

Employees (and ex-employees) should refer all inquiries for references to Administration. Administrative personnel will respond to the requests by disclosing only the employee’s full name, dates of employment, job title, and salary, unless responding to any lawful court order or subpoena or otherwise responding to or providing disclosures required by law.

5.2. PERFORMANCE EVALUATIONS

Each employee’s direct supervisor will evaluate the employee’s work performance on a yearly basis. Before each employee’s evaluation document is completed, the Executive Director will have an opportunity to review the evaluation and provide his/her input. More frequent evaluation may be completed at the request of the employee, their supervisor, or the CEO.

An Ad Hoc Committee will evaluate the work performance of the CEO. The Ad Hoc Committee will include the Executive Committee of the Board of Directors and other Board members who volunteer to serve the committee.

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On an annual basis, current licensed medical staff will complete and submit to the Medical and Executive Director a re-certification application. The re-certification process will include the review and revision of the staff member’s Principles of Practice.

Employees may provide supplemental information or documentation related to their evaluation. Such information will become part of the formal evaluation document.

The evaluator and employee must sign all written evaluations. The employee’s signature indicates only that their evaluation was reviewed with them and that they had an opportunity to participate in their evaluation. If the employee refuses to sign his/her evaluation, the evaluator will:

 Ensure that the employee’s refusal to sign the evaluation is witnessed.  Document the refusal by recording it on the evaluation.  The evaluator and witness will date and initial the evaluation form. If requested, an employee will be provided with one (1) copy of their evaluation.

All evaluations shall become a permanent part of the employee’s personnel file.

5.3. PROMOTION

Upon recommendation by an employee’s supervisor, an employee may be promoted. The CEO must approve all promotions. Any employee who receives a promotion shall serve a three (3) month orientation period in the new employment position.

PROCEDURE

Employees will be evaluated by their supervisor at the end of the three (3) month orientation period in the new employment position, with the following possible outcomes:

 Orientation status may be extended;  The employee may be granted regular employment status in the new employment position; or  The employee may be terminated or transferred to another employment position.

5.4. TRANSFERS/INTERNAL HIRES

All transfers will be coordinated by FMFI to ensure smooth operation of the organization.

Employees who desire to transfer from one department to another subject to position availability should report this fact to their supervisor, who in turn will report to the CEO. Approval/Disapproval will be provided to the employee in writing within two (2) weeks from receipt of request by the CEO.

Employees are encouraged to apply for vacant positions, and will be given priority consideration over outside applicants if the employee meets the qualifications, has met the

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expectations for the employee’s current position and has the skills and experience for performance of the vacant position.

5.5. CELL PHONE POLICY

POLICY:

Fairfax medical Facilities disallows the use of personal communication devices when such activity undermines the integrity of individual right to privacy, affects the quality of patient care, or interferes with efficient operation of the organization. This policy serves to define the use of personal communication devices that individuals may bring into the work site.

DEFINITIONS:

 Personal communication device – electronic media or communication devices like, but not limited to cell phones, tablets, wireless devices, and laptops.  Employee – Any individual employed directly by Fairfax Medical Facilities, Inc.

PROCEDURE/IMPLEMENTATION:

 Personal communication devices are required to be turned off or set to vibrate. (This includes instant messaging and text communications).  Pictures of the work environment, patients and or visitors are not permitted on personal communication devices or social network accounts without administrative approval.  Use of FMFI phones for personal use should be limited to emergencies only.  Personnel placing or receiving phone calls, instant text messages, or text.  Communication should do so outside of the work area and during break or lunch time.  Personal communication devices may be used only during breaks lunch or other designated personal time in designated break areas or outside of the building.  FMFI is not responsible for the loss or damage to personal communication devices brought into the work site.  Personal calls should be brief and infrequent.  Family members should be given the office telephone number to reach work force members in case of an emergency.  Violations of the above mentioned policy and procedure will result in corrective action.  Supervisors, site managers and providers are permitted to use personal communication devices for FMFI related communications or use.  Any exceptions to the above policy such as extenuating circumstances requiring immediate access by family must be discussed and approved by the employee’s immediate supervisor.

5.6. COMPUTER, EMAIL AND INTERNET USAGE

INTERNET USAGE

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All employees are required to utilize the internet efficiently and internet usage should be limited to work related issues.

Internet usage is a privilege. While at work internet will be utilized for work purposes only. This is to prevent patients from being neglected and to ensure that FMFI is able to keep the internet for work purposes.

Employees are strictly prohibited from using FMFI’s internet access or computers or other electronic devises to engage in any inappropriate activity such as gambling, games, shopping, travel planning or arrangements, to utilize “chat rooms,” or to access material that is obscene or offensive, pornography, other adult themes, or hate/discrimination.

Employees should NOT expect that internet access is confidential or private. A record of internet sites visited is stored on computer files and management can and will access that information. Violation of this policy may result in immediate dismissal or other disciplinary measures.

EMAIL POLICY

FMFI allows employees to use FMFI’s email system for work-related purposes only. Violation of this policy may result in immediate dismissal or other disciplinary measures. In particular, employees should note the following:

 Employees are strictly prohibited from sending, forwarding, or distributing email messages that contain or refer to inappropriate activity such as gambling, obscene or offensive material, chat rooms, pornography, other adult themes, or hate/discrimination.  Employees are strictly prohibited from sending email messages of a harassing, intimidating, offensive, or discriminatory nature. The guidelines set forth in FMFI’s Anti-Harassment and Anti-Discrimination Policy are fully applicable to email.  Employees should NOT expect that email is confidential or private. Email is the property of FMFI, and FMFI reserves the right to access employees’ email message at any time and for any reason without notice to the employee and disclose them to others if FMFI in its sole discretion determines that such action is warranted in the circumstances.  Deleting an email message does not guarantee that it has been erased from the system. FMFI retains backup copies of all media, including email correspondence, in the normal course of management of FMFI’s computer system.  Employees are prohibited from accessing each other’s email without the express consent of the employee. Each employee has a password which allows access to the email system. Your password is personal and should not be shared with other persons.  Use of the system to solicit outside business ventures, to leak confidential or privileged information, or for personal, political, or religious causes is prohibited.  You should consider email as any other written means of communication. Please do not transmit anything in an email message that you would not be comfortable writing in a letter or memorandum. Remember to exercise good judgment and common sense when creating and distributing messages.

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EXPECTATION OF PRIVACY

Desks, computers, lockers, email systems, voice mail systems, and other physical and electronic storage devices may be provided for the convenience of employees, but remain the sole property of FMFI. Accordingly, they, as well as any containers, electronic files, recordings, or any other items found within them, can be inspected by any member of FMFI management, at any time, with or without prior notice. Containers may include, but are not limited to, any packet, package, purse, briefcase, lunch container, computer hard drive, other computer or electronic storage devices, or recording devices. Employees should have no expectation of privacy regarding these items. Containers are subject to search whether or not they are locked. FMFI has the right to search containers whether they are locked by a device provided by FMFI or by the employee.

5.7. ACCOUNTABILITY WITHIN THE ORGANIZATION

For FMFI’s facilities to run at an optimal level, they must be managed both from an operational perspective and from a clinical perspective.

Each facility has a Site manager who is responsible for managing the operations of the facility. The Site Manager is responsible for ensuring that all employees at the facility engage in proper time keeping practices, complete their reporting obligations in a timely manner, adhere to attendance standards, and adhere to other operational mandates.

Clinical supervisors, as reflected on FMFI’s organizational chart, are responsible for ensuring that all employees who work under their licenses provide high level patient care and adhere to FMFI’s performance standards.

Both the Site Manger and clinical supervisor have the authority to counsel/discipline employees if the manager/supervisor becomes concerned that the employee is not adhering to FMFI standards in regard to their respective areas. The Director of Nursing has the authority to counsel/discipline employees on both operational and clinical matters.

5.8. REIMBURSEMENT AND PROCUREMENT PROCEDURES

FMFI has procedures for business related procurement of supplies and reimbursement of business expenses incurred by employees. These are fully described in the Accounting Guidelines found in Administration. Please refer to the Accounting Guidelines for further information.

5.9. SAFETY POLICY AND EMERGENCY PREPAREDNESS PROCEDURES

PURPOSE

FMFI has a long-standing philosophy of taking pride in its practices to ensure the safety, health and well-being of all of our employees. The Director Risk Management and CEO shall have the responsibility to develop, and authority to implement, the safety and health program

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FAIRFAX MEDICAL FACILITIES, INC. in the interest of a safer work environment. This program serves to outline our commitment to this philosophy and provide guidance to all employees on the standards the company expects its employees to adhere to.

Information for the specific functions of this program is available in the Safety Manual.

GENERAL SAFETY RULES

Our employees perform a wide range of functions in various locations. Although some safety rules apply only to specific positions, all employees are expected to comply with the rules in FMFI Safety Procedure Manual. The following items should guide safety.

 Use common sense in performing your duties.  Report any work injury/illness to your supervisor.  Report unsafe conditions to your supervisor or the Director of Risk Management.

Employees will not be subjected to adverse consequences based on making a report of unsafe conditions or a workplace injury or accident, participating in an investigation, or otherwise being involved in such an inquiry. Any employee found to have retaliated against another person for engaging in these activities will be subject to discipline, up to and including termination of employment.

MATERIAL SAFETY DATA SHEETS (MSDS)

A Material Safety Data Sheets (MSDS) on all hazardous substances and materials is available in the Risk Management department or Clinic Laboratory. Employees should report missing ones to their supervisor or Director of Risk Management.

FIRES, TORNADOES AND OTHER EMERGENCIES

An emergency procedures and evacuation plan to follow in the event of fire or other disaster is in the FMFI Safety Procedures Manual found in the Risk Management Department and in the online Safety Orientation module. All employees are expected to familiarize themselves with the location of exits, fire extinguishers, and first aid kits.

EMERGENCY EVACUATION PLANS AND RE-ENTRY

In any emergency, employees should follow alarms or other alerts to evacuate the building and/or area near the premises. Always follow the basic evacuation procedures but remember that personal safety is paramount and takes precedence.

 Check work area for anything needing to be secured and store it quickly.  Secure locks on all secured containers and cabinets.  Leave your work area, closing your office door if applicable, and report to your designated assembly area.

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The Director of Risk Management will coordinate with fire, police, or other emergency preparedness personnel to determine when the building may be re-entered. This information will then be relayed to employees.

EMERGENCY PREPAREDNESS

Please refer to the FMFI Safety Procedures Manual.

IMPROPER HEALTH AND SAFETY PRACTICES

All employees are expected to abide by safe work practices and adhere to general safety rules to ensure their safety as well as the safety of coworkers. Infractions of company health and safety practices will be dealt with in accordance with the company's policies on discipline and will be based on the following factors:

 Severity of the infraction.  Whether the infraction endangered only the employee or coworkers.  Whether the infraction was a first or repeat violation.

5.10. EMPLOYEE IDENTIFICATION BADGES

Each employee of FMFI will be issued a photo identification badge that must be worn at all times when the employee is on or in any FMFI property, including vehicles. These badges are primarily to ensure the safety of FMFI employees and clients by identifying authorized personnel. These badges will include on their front surface:

 The title "Fairfax Medical Facilities, Inc."  Name of FMFI facility to which the employee reports for work  Current photo of FMFI employee  First name of employee  Employee job title

Badges must be worn at all times, displayed on the front of the body between the waist and shoulder, with the front side of the badge showing. Lanyards will be provided for wearing badges around the neck; clips will be made available for fastening the badge to clothing.

An employee who reports to work without ID badge will not be allowed to clock in until they have obtained a temporary badge from a supervisor, who will log the incident. If the employee reports to work two (2) day consecutive days without ID badge, they will be issued a temporary card. If an employee reports to work three (3) times in one thirty (30) day period without ID badge, they will face disciplinary action.

New hires will be issued a temporary ID badge and have their photo taken for a permanent one, which will be issued to them as soon as it is ready

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5.11. LABOR LAW POSTERS

Each FMFI location displays mandatory Federal and State labor law posters in a designated area for employee’s viewing. FMFI periodically posts additional posters and/or emergency acts for compliance purposes.

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SECTION 6

ADDENDUM(S)

6.1. PANDEMIC and/or DISASTERS

During a Pandemic and/or Disaster FMFI will follow guidelines issued by the State or Federal Government. In the event of such a pandemic and/or disaster, FMFI employees may utilize their PTO and/or EIB benefits immediately, waiving the three (3) day waiting period.

COVID-19 Pandemic:

FMFI will follow the Families Coronavirus Response Act (FFRC) guidelines as it is applicable to healthcare centers.

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