Employee Handbook

November 2018 Table of Contents

Purpose ...... 6

Employee Handbook Acknowledgment Form ...... 7

Diversity and Equal Employment Opportunity Policy Statement ...... 8 Compliance with Laws ...... 8 Harassment in the Workplace ...... 9 Prohibited Conduct Under This Policy ...... 9 Retaliation ...... 11 Individuals and Conduct Covered ...... 11 Complaint Process ...... 11 Violence in the Workplace ...... 12 Workplace Bullying ...... 13 Safety ...... 13 In the Event of an Emergency ...... 14 Smoke-Free Workplace ...... 14

Employment ...... 15 Employee Classification Categories ...... 15 Background and Reference Checks ...... 16 Internal Transfers/Promotions ...... 16 Nepotism, Employment of Relatives, and Personal Relationships...... 16 Corrective Action ...... 17 Separation of Employment ...... 18 Return of Company Property ...... 18 Rehire ...... 19 Workers’ Compensation Benefits ...... 19 Drug-Free Workplace ...... 19 Employee Assistance and Drug-Free Awareness ...... 19 Required Drug and Alcohol Testing ...... 20

Employee Expectations...... 22

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Confidentiality...... 22 Conflicts of Interest ...... 22 Outside Employment ...... 22 Attendance and Punctuality ...... 23 Professional Attire and Appearance ...... 23 Electronic Communication and Internet Use ...... 23 Right to Monitor ...... 24 Social Media—Acceptable Use ...... 24 Solicitations, Distribution, and Posting of Materials ...... 24 Employee Personnel Files ...... 25

Time Recording, Hours of Work ...... 26 Identification Badges ...... 26 NON-EXEMPT EMPLOYEES: ...... 26 EXEMPT EMPLOYEES: ...... 26 Time Recording ...... 26 NON-EXEMPT EMPLOYEES: ...... 26 EXEMPT EMPLOYEES: ...... 27 Time Reporting ...... 27 Overtime Pay (nonexempt employees) ...... 28

Compensation and Performance ...... 29 Performance and Salary Review ...... 29 Annual Performance Evaluation ...... 29 Merit Increases ...... 29 Payment of Wages...... 29 Payroll deductions ...... 29 Garnishments ...... 30

Holiday, Vacation, Sick Time and Hours Away from Work ...... 31 Holiday Pay ...... 31 Vacation ...... 31 Vacation Accruals ...... 31 Use of Vacation Guidelines ...... 31 Sick Time ...... 32 3 | P a g e

Eligibility ...... 32 Use of Paid Sick Days ...... 32 Caps on Accruals ...... 33 Separation from Employment ...... 33 Rate of Pay ...... 33 Employee Notification Obligations ...... 33 Professional Leave ...... 33 Eligibility ...... 33 Use ...... 33 Annual balances ...... 33 Professional Leave funds ...... 33 Bereavement Leave ...... 34 Personal Leave of Absence ...... 34 Jury Duty ...... 34 Voting Time ...... 34 Election Leave ...... 34 Military Leave of Absence ...... 34

Employee Travel and Reimbursement ...... 36 Responsibilities and Approvals ...... 36 Business Travel ...... 36 Air Travel ...... 36 Lodging ...... 37 Car Rentals ...... 37 Insurance ...... 37 Other Transportation ...... 37 Meals and Incidental Expenses ...... 38 Entertainment Reimbursement ...... 38 Non-Reimbursable expenses ...... 39 Telephone - Credit Card, Cellular Phones, Pagers, Long Distance Calls ...... 39 Expense Report Processing ...... 39

Benefits ...... 41 Medical and Dental Insurance ...... 41 Lactation ...... 41

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Medical Leaves of Absence (FMLA & CFRA) ...... 41 General Provisions ...... 41 Eligibility ...... 42 Employee Entitlements for FMLA/CFRA Leave ...... 42 Employee Obligations for FMLA/CFRA Leaves ...... 44

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Purpose The California University of Science and Medicine (CUSM) Employee Handbook has been prepared to inform employees of the policies and procedures of our university and to establish and define expectations of employment. It is not all-inclusive, nor intended to provide strict interpretations of our policies; rather, it offers an overview of the work environment. This handbook is not a contract, expressed or implied, guarantying employment for any length of time and is not intended to induce an employee to accept employment with CUSM. Keep in mind that policies and procedures contained herein are a general summary and do not replace the official policy statements, legal documents, contracts, or the summary plan documents for our benefit plans. These policy statements and legal documents are available for your review where applicable. Staff and employees are expected to read, understand, and comply with all CUSM policies and procedures. Faculty members should refer to their specific employment contract and California University of Science and Medicine Faculty Handbook and Bylaws for additional details regarding employment terms and conditions for faculty members.

California University of Science and Medicine (CUSM) reserves the right to unilaterally revise, suspend, revoke, terminate or change any of its policies, in whole or in part, whether described within this handbook or elsewhere, in its sole discretion. If any discrepancy between this handbook and current university policy arises, the most recent university policy will supersede. Every effort will be made to keep you informed of the university’s policies, however we cannot guarantee that notice of revisions will be provided. Your supervisor or Human Resources will be glad to discuss any questions about any policies/procedures in this handbook.

This handbook supersedes and replaces all previous personnel policies, rules, and procedures, apart from provisions detailed in any binding employment agreement, or contract to which CUSM are a party.

Employment with CUSM is at will, apart from provisions detailed in any binding employment agreement, or contract. This means that both CUSM and the employee have the right to terminate the employment relationship at any time, for any reason, with or without prior notice, or cause unless otherwise stipulated in an employment agreement, or contract. This at-will relationship is the full and complete agreement regarding the duration of employment and may be altered only by written employment agreement signed by CUSM President and which expressly changes this “at-will” relationship.

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Employee Handbook Acknowledgment Form

The California University of Science and Medicine (CUSM) Employee Handbook provides important information about CUSM and I understand that I should consult my supervisor or Human Resources regarding any questions not answered here within. I have entered my employment relationship with CUSM voluntarily and acknowledge that there is no specified length of employment. Accordingly, either I or CUSM can terminate the relationship at will, with or without cause, at any time, so long as there is not violation of applicable federal or state law1.

I understand and agree that, other than the CUSM President (“PRESIDENT”), no manager, supervisor, or representative of CUSM has any authority to enter any agreement for employment other than at will; only the PRESIDENT has the authority to make any such agreement and then only in writing signed by the PRESIDENT of California University of Science and Medicine.

The policies and procedures contained herein supersede all prior practices, verbal or written representations, or statements regarding the terms and conditions of my employment with CUSM. By distributing this Employee Handbook, CUSM expressly revokes all previous policies and procedures that are inconsistent with those contained herein apart from specific provisions detailed in any binding employment agreement, or contract to which CUSM is a party. Faculty members should refer to their specific employment contract and the California University of Science and Medicine Faculty Handbook and Bylaws for additional details regarding employment terms and conditions for faculty members.

I understand that, except for employment-at-will status, all policies and practices may be changed at any time by CUSM, and CUSM reserves the right to change my hours, wages and working conditions at any time. All such changes will be communicated through official notices, and I understand that revised information may supersede, modify or eliminate existing policies.

I understand and agree that nothing in the Employee Handbook creates or is intended to create a promise or representation of continued employment and that employment at CUSM is employment at will, which may be terminated at the will of either CUSM or myself unless otherwise stipulated in an employment agreement, or contract. Furthermore, I acknowledge that this Employee Handbook is neither a contract of employment nor a legal document. I understand and agree that employment and compensation may be terminated with or without cause and with or without notice at any time by CUSM or me, unless otherwise stipulated in a separate employment agreement, or contract.

I have received a copy of the Employee Handbook. I understand that it is my responsibility to read, understand, and comply with all CUSM policies and procedures.

______Employee's Signature Date

______Employee's Name(Print)

TO BE PLACED IN EMPLOYEE'S PERSONNEL FILE

1 Faculty members should refer to their employment contract for additional details regarding employment terms and conditions. 7 | P a g e

Diversity and Equal Employment Opportunity Policy Statement California University of Science and Medicine (CUSM) supports the principles of equal opportunity and diversity in employment and education. The University seeks to ensure that no person will encounter discrimination in employment or education on the basis of age, color, disability, sex, national origin, race, religion, sexual orientation, or veteran’s status. This policy is applicable to both the employment practices and administration of programs and activities within the University. It is the policy of the University that no person shall be excluded from the participation in, be denied the benefits of, or in any way be subject to discrimination in any program or activity at the University.

California University of Science and Medicine (CUSM) applies this commitment to all employment and educational practices, including but not limited to, recruitment of staff and students, admissions, hiring and training procedures, advancement and retention policies, and curriculum/course materials. More specifically, CUSM is committed to diversification of all its internal divisions by race and gender. This commitment stems not only from legal and moral considerations, but also from a conviction that an institution of higher learning is enriched by the presence of diversity and that narrow cultural biases serve to limit rather than enhance the teaching, research, and service functions which are the hallmarks of CUSM mission.

Compliance with this Diversity and Equal Employment Opportunity Policy is the responsibility of all administrators and others whose duties are related to any personnel decisions regarding employees and students. Further, it is the University’s obligation to fully participate in the implementation of all applicable federal, state, and local laws dealing with nondiscrimination.

Compliance with Laws The University undertakes to comply fully with all federal, state, and local laws relating to equal educational opportunity, and equal employment opportunity. This policy specifically addresses the obligations of the institution under the following laws and regulations:

Civil Rights Act of 1964, Title VII--prohibiting discrimination in employment based on race, color, religion, sex or national origin.

Educational Amendments of 1972, Title IX--prohibiting discrimination based on sex against students and employees in any educational program or activity receiving Federal financial assistance.

Equal Pay Act of 1963--amending the Fair Labor Standards Act of 1938 and requiring employers to provide equal pay for men and women performing similar work.

Executive Order 11246, as amended by Executive Order 11375--prohibiting discrimination in employment on basis of race, color, religion, sex, or national origin by federal contractors and subcontractors having federal contracts in excess of $50,000.

Rehabilitation Act of 1973--prohibiting discrimination against handicapped persons (students or employees) by institutions receiving Department of Health and Human Services funding.

American with Disabilities Act of 1990--containing broader protection for the handicapped than the Federal Rehabilitation Act of 1973. Persons with disabilities are protected not only from discrimination in employment, but discrimination regarding housing, access to public accommodations and services, transportation and telecommunications.

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The Vietnam-era Veterans Readjustment Assistance Act of 1974--prohibiting discrimination in employment against Vietnam-era and disabled veterans.

As well as all applicable nondiscrimination laws of the State of California.

It is the policy of California University of Science and Medicine (CUSM) to comply with the Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act, known as the ADAAA and all other federal and state laws concerning the employment of persons with disabilities and to act in accordance with regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). Furthermore, it is our policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment.

California University of Science and Medicine (CUSM) will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job unless doing so causes a direct threat to these individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation and/or if the accommodation creates an undue hardship to CUSM. Contact the Human Resource department with any questions or requests for accommodation.

Harassment in the Workplace California University of Science and Medicine (CUSM) strives to create and maintain a work environment in which people are treated with dignity, decency, and respect. The environment of the company should be characterized by mutual trust and the absence of intimidation, oppression, and exploitation. Employees should be able to work and learn in a safe, yet stimulating atmosphere. The accomplishment of this goal is essential to the mission of the company. For that reason, CUSM will not tolerate unlawful discrimination or harassment of any kind. Through enforcement of this policy and by education of employees, the company will seek to prevent, correct and discipline behavior that violates this policy.

All employees, regardless of their positions, are covered by and are expected to comply with this policy and to take appropriate measures to ensure that prohibited conduct does not occur. Appropriate disciplinary action will be taken against any employee who violates this policy. Based on the seriousness of the offense, disciplinary action may include verbal or written reprimand, suspension or termination of employment.

Prohibited Conduct Under This Policy California University of Science and Medicine (CUSM), in compliance with all applicable federal, state and local anti-discrimination and harassment laws and regulations, enforces this policy in accordance with the following definitions and guidelines.

Discrimination: It is a violation of the University’s policy to discriminate in the provision of employment opportunities, benefits or privileges; to create discriminatory work conditions; or to use discriminatory evaluative standards in employment if the basis of that discriminatory treatment is, in whole or in part, the person’s race, color, national origin, age, religion, disability status, gender, sexual orientation, gender identity or expression, genetic information, marital status or veteran’s status. Discrimination in violation of this policy will be subject to disciplinary measures up to and including termination.

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Harassment: The University prohibits harassment if any kind, including sexual harassment, and will take appropriate and immediate action in response to complaints or knowledge of violations of this policy. For purposes of this policy, harassment is any verbal or physical conduct designed to threaten, intimidate, or coerce an employee, co-worker or any person working for or on behalf of CUSM. Verbal taunting (including racial and ethnic slurs) that, in the employee’s opinion, impairs his or her ability to perform his or her job is included in the definition of harassment.

The following examples of harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:

• Verbal harassment includes comments that are offensive or unwelcome regarding a person’s nationality, origin, race, color, religion, gender, sexual orientation, age, body, disability, or appearance, including epithets, slurs, and negative stereotyping. • Nonverbal harassment includes distribution, display or discussion of any written or graphic material that ridicules, denigrates, insults, belittles or shows hostility, aversion, or disrespect toward an individual or group because of national origin, race, color, religion, age, gender, sexual orientation, pregnancy, appearance, disability, sexual identity, marital or other protected status.

Sexual harassment: Sexual harassment is a form of unlawful employment discrimination under Title VII of the Civil Rights Act of 1964 and is prohibited under the University’s anti-harassment policy. According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of such conduct is used as the basis for employment decisions, or such conduct has the purpose or effect of creating an intimidating, hostile or offensive working environment."

There are two types of sexual harassment:

• “Quid pro quo” harassment, where submission to harassment is used as the basis for employment decisions. Employee benefits such as raises, promotions and better working hours are directly linked to compliance with sexual advances. Therefore, only someone in a supervisory capacity (with the authority to grant such benefits) can engage in quid pro quo harassment. Examples: A supervisor promising an employee a raise if she goes on a date with him; a manager telling an employee she will fire him if he does not have sex with her. • “Hostile work environment,” where the harassment creates an offensive and unpleasant working environment. A hostile work environment can be created by anyone in the work environment, whether it be supervisors, other employees, or customers. Hostile environment harassment consists of verbiage of a sexual nature, unwelcome sexual materials, or even unwelcome physical contact as a regular part of the work environment. Texts, e-mails, cartoons, or posters of a sexual nature; vulgar or lewd comments or jokes; or unwanted touching or fondling all fall into this category.

Sexual harassment occurs when there are unsolicited and unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature:

• Made explicitly or implicitly a term or condition of employment. • A basis for an employment decision.

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• Unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or otherwise offensive environment. • Sexual harassment may take different forms. The following examples of sexual harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy: • Verbal sexual harassment includes innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks, and threats; requests for any type of sexual favor (this includes repeated, unwelcome requests for dates); and verbal abuse or “kidding” that is oriented toward a prohibitive form of harassment, including that which is sexual in nature and unwelcome. • Nonverbal sexual harassment includes the distribution, display or discussion of any written or graphic material, including calendars, posters and cartoons that are sexually suggestive or show hostility toward an individual or group because of sex; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters and notes, facsimiles, e-mail, photos, text messages, tweets and Internet postings; or other form of communication that is sexual in nature and offensive. • Physical sexual harassment includes unwelcome, unwanted physical contact, including touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing and fondling and forced sexual intercourse or assault. • Courteous, mutually respectful, pleasant, noncoercive interactions between employees, including men and women, that are appropriate in the workplace and acceptable to and welcomed by both parties are not considered to be harassment, including sexual harassment.

Retaliation No hardship, loss, benefit or penalty may be imposed on an employee in response to:

• Filing or responding to a bona fide complaint of discrimination or harassment. • Appearing as a witness in the investigation of a complaint. • Serving as an investigator of a complaint.

Retaliation or attempted retaliation in response to lodging a complaint or invoking the complaint process is a violation of this policy. Any person who is found to have violated this aspect of the policy will be subject to sanctions up to and including termination of employment.

Individuals and Conduct Covered These policies apply to all applicants, staff, employees and students, whether related to conduct engaged in by fellow employees, or someone not directly connected to California University of Science and Medicine (CUSM), (e.g., an outside vendor or visitor).

Conduct prohibited by these policies is unacceptable in the workplace and in any work-related setting outside the workplace, such as during business trips, business meetings and business-related social events.

Complaint Process The University encourages individuals who believe they are being subjected to such conduct to promptly advise the offender that his or her behavior is unwelcome and request that it be discontinued immediately. Often this

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action alone will resolve the problem. The University recognizes, however, that an individual may prefer to pursue the matter through complaint procedures.

Individuals who believe they have been the victims of conduct prohibited by this policy statement or who believe they have witnessed such conduct should discuss their concerns with their immediate supervisor, Human Resources, or any member of CUSM leadership team.

California University of Science and Medicine (CUSM) encourages the prompt reporting of complaints or concerns so that timely and constructive action can be taken before relationships become irreparably strained. There is no fixed reporting period, however, early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment.

Any reported allegations of harassment, discrimination or retaliation will be investigated promptly. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge.

Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action.

Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action. Acts of retaliation should be reported immediately and will be promptly investigated and addressed.

Misconduct constituting harassment, discrimination or retaliation will be dealt with appropriately.

False and malicious complaints of harassment, discrimination or retaliation may be the subject of appropriate disciplinary action. Violence in the Workplace All employees, students, vendors and visitors must be treated with courtesy and respect at all times. Employees are expected to refrain from conduct that may be dangerous to others.

Conduct that threatens, intimidates, or coerces another employee, customer, vendor or business associate will not be tolerated. California University of Science and Medicine (CUSM) resources may not be used to threaten, stalk or harass anyone at the workplace or outside the workplace. The University treats threats coming from an abusive personal relationship as it does other forms of violence.

Indirect or direct threats of violence, incidents of actual violence and suspicious individuals or activities should be reported as soon as possible to a supervisor, security personnel, Human Resources, or any member of senior management. When reporting a threat or incident of violence, the employee should be as specific and detailed as possible. Employees should not place themselves in peril, nor should they attempt to intercede during an incident.

Employees should promptly inform the Human Resource department of any protective or restraining order that they have obtained that lists the workplace as a protected area. Employees are encouraged to report safety concerns with regard to intimate partner violence. California University of Science and Medicine (CUSM) will not retaliate against employees making good-faith reports. The University is committed to supporting victims of intimate partner violence by providing referrals to the University’s employee assistance program (EAP) and community resources and providing time off for reasons related to intimate partner violence. 12 | P a g e

The University will promptly and thoroughly investigate all reports of threats of violence or incidents of actual violence and of suspicious individuals or activities. The identity of the individual making a report will be protected as much as possible. The University will not retaliate against employees making good-faith reports of violence, threats or suspicious individuals or activities. In order to maintain workplace safety and the integrity of its investigation, the University may suspend employees suspected of workplace violence or threats of violence, either with or without pay, pending investigation.

Anyone found to be responsible for threats of or actual violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employment. The University encourages employees to bring their disputes to the attention of their supervisors or Human Resources before the situation escalates. The University will not discipline employees for raising such concerns.

Workplace Bullying California University of Science and Medicine (CUSM) defines bullying as “repeated inappropriate behavior, either direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or during employment.” Such behavior violates the California University of Science and Medicine Code of Ethics, which clearly states that all employees will be treated with dignity and respect.

The purpose of this policy is to communicate to all employees, including supervisors, managers and executives, that the University will not tolerate bullying behavior. Employees found in violation of this policy will be disciplined up to and including termination.

Bullying may be intentional or unintentional. However, it must be noted that where an allegation of bullying is made, the intention of the alleged bully is irrelevant and will not be given consideration when meting out discipline. As in sexual harassment, it is the effect of the behavior upon the individual that is important. The University considers the following types of behavior examples of bullying:

• Verbal bullying: Slandering, ridiculing or maligning a person or his/her family; persistent name calling that is hurtful, insulting or humiliating; using a person as the butt of jokes; abusive and offensive remarks.

• Physical bullying: Pushing, shoving, kicking, poking, tripping, assault or threat of physical assault; damage to a person’s work area or property.

• Gesture bullying: Nonverbal threatening gestures or glances that convey threatening messages.

• Exclusion: Socially or physically excluding or disregarding a person in work-related activities.

Safety It is the responsibility of each employee to conduct all tasks in a safe and efficient manner complying with all local, state and federal safety and health regulations and program standards, and with any special safety concerns for use in a particular area or with a client.

Although most safety regulations are consistent throughout each department and program, each employee has the responsibility to identify and familiarize her/himself with the emergency plan for his/her working area. Each

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University location shall have posted an emergency plan detailing procedures in handling emergencies such as fire, weather-related events and medical crises.

It is the responsibility of the employee to complete an Accident and Incident Report for each safety and health incident that occurs by an employee or that the employee witnesses. Failure to report such an incident may result in employee disciplinary action, including termination.

Furthermore, management requires that every person in the organization assumes the responsibility of individual and organizational safety. Failure to follow company safety and health guidelines or engaging in conduct that places the employee, client or company property at risk can lead to employee disciplinary action and/or termination.

The Health and Safety Committee and the safety officer shall have the responsibility to develop and the authority to implement the safety and health program in the interest of a safer work environment.

In the Event of an Emergency If an employee is injured or becomes ill from a work-related accident or exposure, and his/her supervisor or the employee believes that the condition needs emergency medical treatment, immediately CALL 911 and notify the Emergency Response Coordinator. After being treated, submit an Accident/exposure Investigation Report-Appendix E form found on the T-Drive →Safety→IIPP

If the injury is minor and only requires first aid treatment, provide first aid. Smoke-Free Workplace It is the policy of California University of Science and Medicine (CUSM) to prohibit smoking on all facility premises in order to provide and maintain a safe and healthy environment for all employees, faculty, students, and visitors. The law defines smoking as the "act of lighting, smoking or carrying a lighted or smoldering cigar, cigarette or pipe of any kind."

The smoke-free workplace policy applies to: • All areas of campus buildings. • University-sponsored off-site conferences and meetings. • Vehicles owned or leased by the University. • Visitors (customers and vendors) to University premises. • Contractors and consultants and/or their employees working on University premises. • Employees, temporary employees and student interns.

Smoking is permitted in parking lots only at a minimum of 20 feet from any entrance. Employees who violate the smoking policy will be subject to disciplinary action up to and including immediate discharge.

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Employment

Employee Classification Categories All employees are designated as either nonexempt or exempt under state and federal wage and hour laws. The following is intended to help employees understand employment classifications and employees’ employment status and benefit eligibility. These classifications do not guarantee employment for any specified duration of time. All employment is at-will and can be terminated any time by either the employee or California University of Science and Medicine (CUSM) apart from specific provisions detailed in any binding employment agreement, or contract to which CUSM is a party.

Nonexempt employees are employees whose work is covered by the Fair Labor Standards Act (FLSA). They are NOT exempt from the law’s requirements concerning minimum wage and overtime.

Exempt employees are generally managers or professional, administrative, or technical staff who ARE exempt from the minimum wage and overtime provisions of the FLSA. Exempt employees hold jobs that meet the standards and criteria established under the FLSA by the U.S. Department of Labor.

The University has established the following categories for both nonexempt and exempt employees:

• Regular, full time: Employees who are not in a temporary status and who are regularly scheduled to work a full-time schedule of 40.0 hours per week. Generally, these employees are eligible for the full benefits package, subject to the terms, conditions, and limitations of each benefits program.

• Regular, part-time, with benefits: Employees who are not in a temporary status and who are regularly scheduled to work less than the full-time schedule but at least 30 hours each week. Regular, part-time employees are eligible for some of the benefits, including medical and prescription offered by the University subject to the terms, conditions, and limitations of each benefits program.

• Regular, part-time, without benefits: Employees who are not in a temporary status and who are regularly scheduled to work less than 30 hours each week. Regular, part-time employees are eligible for some of the benefits, excluding medical and prescription, offered by the University subject to the terms, conditions, and limitations of each benefits program.

• Temporary, full-time: Employees who are hired as interim replacements to temporarily supplement the workforce or to assist in the completion of a specific project and who are temporarily scheduled to work a full-time schedule for a limited duration (not to exceed 12 working weeks). Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary workers are not eligible for company benefits unless specifically stated otherwise in company policy or are deemed eligible according to plan documents

• Temporary, part-time: Employees who are hired as interim replacements to temporarily supplement the workforce or to assist in the completion of a specific project and who are temporarily scheduled to work less than a full-time schedule for a limited duration (not to exceed 12 working weeks). Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary workers are not eligible for company benefits unless specifically stated otherwise in company policy or are deemed eligible according to plan documents

• Casual Labor (without benefits): Casual labor is a common term used in the employer community to describe workers performing a variety of services, usually on a temporary or part-time basis. Often 15 | P a g e

these workers are hired for just an hour, a day, or a week. Workers hired for an hour, a day, a week, or for part-time services are typically common law employees. There is no provision in the law that excludes a worker from employment solely because he or she works less than full-time.

Background and Reference Checks To ensure that individuals employed by California University of Science and Medicine (CUSM) are well qualified and to ensure that the University maintains a safe and productive work environment, it is our policy to conduct pre-employment background checks on all applicants who accept an offer of employment. Background checks may include verification of any information on the applicant’s resume or application form.

Offers of employment are conditioned on receipt of a background check report that is acceptable to CUSM. All background checks are conducted in conformity with the Federal Fair Credit Reporting Act, the Americans with Disabilities Act, and state and federal privacy and antidiscrimination laws. Reports are kept confidential and are only viewed by individuals involved in the hiring process.

If information obtained in a background check would lead the University to deny employment, a copy of the report will be provided to the applicant, and the applicant will have the opportunity to dispute the report’s accuracy. Background checks may include a criminal record check, although a criminal conviction does not automatically bar an applicant from employment.

Additional checks such as a driving record or credit report may be made on applicants for particular job categories if appropriate and job related.

California University of Science and Medicine (CUSM) also reserves the right to conduct a background check for current employees to determine eligibility for promotion or reassignment in the same manner as described above. The supervisor will work directly with Human Resources in determining the need for background checks of current employees.

Internal Transfers/Promotions Employees with more than twelve months of service, with work performance that meets expectations and no disciplinary actions, may request consideration to transfer to other jobs as vacancies become available. Internal applicants will be considered along with external applicants. The University may initiate employee transfers, or changes in assignments based on required skills and essential job duties, and to meet business and operational needs.

The University will consider current employees for career advancement when appropriate. CUSM prefers to promote from within and will consider current employees with the necessary qualifications and skills to fill vacancies above the entry level, unless outside recruitment is in the University’s best interest.

California University of Science and Medicine (CUSM) retains the discretion to make exceptions to the policy. Nepotism, Employment of Relatives, and Personal Relationships It is the intent of California University of Science and Medicine (CUSM) to ensure that corporate practices do not create situations such as conflict of interest or favoritism. This extends to practices that involve employee hiring, promotion, and transfer. Close relatives, partners, those in a dating relationship or members of the same household are not permitted to be in positions that have a reporting responsibility to each other. Close relatives are defined as husband, wife, domestic partner, father, mother, father-in-law, mother-in law, grandfather,

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grandmother, son, son-in-law, daughter, daughter-in law, uncle, aunt, nephew, niece, brother, sister, brother- in-law, sister-in-law, step relatives, cousins, and domestic partner relatives.

If employees begin a dating relationship or become relatives, partners, or members of the same household and if one party is in a supervisory position, that person is required to inform management and Human Resources of the relationship.

The University reserves the right to apply this policy to situations where there is a conflict or the potential for conflict because of the relationship between employees, even if there is no direct-reporting relationship or authority involved. Corrective Action Every employee has the duty and the responsibility to be aware of and abide by existing rules and policies. Employees also have the responsibility to perform his/her duties to the best of his/her ability and to the standards as set forth in his/her job description or as otherwise established.

California University of Science and Medicine (CUSM) supports the use of corrective action to address issues such as poor work performance, not following policies or misconduct. Our progressive discipline policy is designed to provide a corrective action process to improve and prevent a recurrence of undesirable behavior and/or performance issues. The University’s corrective action policy has been designed consistent with our organizational values, HR best practices and employment laws.

Outlined below are the components of the University’s corrective action policy and procedure. CUSM reserves the right to combine, skip steps, or not follow this process depending on the facts of each situation and the nature of the offense. The level of corrective action may also vary. Some of the factors that will be considered are whether the offense is repeated despite coaching, counseling and/or training; the employee's work record; and the impact the conduct and performance issues have on our organization.

The following outlines the University’s Corrective Action process:

• Verbal warning: A supervisor verbally counsels an employee about an issue of concern, and a written record of the discussion is placed in the employee's HR personnel file for future reference.

• Written warning: Written warnings are used for behavior or violations that a supervisor considers serious or in situations when a verbal warning has not helped change unacceptable behavior. Written warnings are placed in an employee’s HR personnel file. Employees should recognize the grave nature of the written warning.

• Performance Monitoring Plan: Whenever an employee has been involved in a disciplinary situation that has not been readily resolved or when he/she has demonstrated an inability to perform assigned work responsibilities efficiently, the employee may be placed on a performance monitoring plan (PMP). The supervisor and employee will develop the action plan required to correct the performance issue, along with a specified period in which defined goals will be met to determine success. While subject to a PMP, the employee must demonstrate a willingness and ability to meet and maintain the conduct and/or work requirements as specified by the supervisor and the organization. At the end of the performance monitoring period, the performance monitoring plan may be closed or, if established goals are not met, dismissal may occur.

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• Final, or last-chance warning: Final or last-chance warnings are used for behavior or violations that have not been improved or changed by previous warnings or other corrective action measures. Final or last-chance warnings may be used in situations where behaviors, or actions are egregious or flagrant violations of University policy. Failure to comply with a final or last-chance warning will result in termination. These warnings are placed in an employee’s HR personnel file.

California University of Science and Medicine (CUSM) reserves the right to determine the appropriate level of discipline for any inappropriate conduct, including verbal and written warnings, suspension with or without pay, demotion and discharge.

Separation of Employment Separation of employment within an organization can occur for several various reasons including but not limited to: • Resignation2:Although we hope your employment with us will be a mutually rewarding experience, we understand that varying circumstances cause employees to voluntarily resign employment. Resigning employees are encouraged to provide two weeks’ notice, preferably in writing, to facilitate a smooth transition out of the organization. Management reserves the right to provide an employee with two weeks’ pay in lieu of notice in situations where job or business needs warrant such action. If an employee provides less notice than requested, the employer may deem the individual to be ineligible for rehire depending on the circumstances regarding the notice given.

• Retirement: Employees who wish to retire are required to notify their department leader and the Human Resource department in writing at least one (1) month before the planned retirement date.

• Job abandonment: Employees who fail to report to work or contact their supervisor for three (3) consecutive workdays shall be considered to have abandoned their job without notice, effective at the end of their normal shift on the third day. The supervisor shall notify the Human Resource department at the expiration of the third workday and initiate the paperwork to terminate the employee. Employees who are separated due to job abandonment are ineligible to receive accrued benefits and may be ineligible for rehire. The University reserves the right to reinstate employment based on individual circumstances and will be considered on an individual, case-by-case basis.

• Termination: Employees of the University are employed on an at-will basis3. CUSM has the right to terminate the employment relationship at any time, for any reason, with or without prior notice, or cause, unless otherwise stipulated in an employment agreement, or contract.

Any remaining accrued vacation leave will be paid in the last paycheck.

Return of Company Property The separating employee must return all company property at the time of separation, including computer and/or laptop, cell phones, keys, purchase cards, and identification cards. California University of Science and

2 Faculty members should refer to their employment contract for additional details regarding employment terms and conditions. 3 Faculty members should refer to their employment contract for additional details regarding employment terms and conditions. 18 | P a g e

Medicine (CUSM) may, at its discretion choose to file a civil suit or make a claim in small claims court to recoup the money owed for the loss or damage.

The separating employee shall contact the Human Resource department as soon as notice is given to schedule an exit interview. The interview will be on the employee’s last day of work or another day, as mutually agreed upon.

Health insurance terminates the last day of the month of employment, unless an employee requests immediate termination of benefits. Information for Consolidated Omnibus Budget Reconciliation (COBRA) continued health coverage will be provided from HR.

Rehire Former employees who left California University of Science and Medicine (CUSM) in good standing and are classified as eligible for rehire may be considered for reemployment. An application must be submitted to the Human Resource department, and the applicant must meet all minimum qualifications and requirements of the position, including any qualifying exam, when required.

Supervisors must obtain approval from the Human Resource director or designee prior to rehiring a former employee. Rehired employees begin benefits just as any other new employee. Previous tenure will not be considered in calculating longevity, leave accruals or any other benefits.

An applicant or employee who is terminated for violating policy or who resigned in lieu of termination from employment due to a policy violation will be ineligible for rehire. Workers’ Compensation Benefits California University of Science and Medicine is covered under statutory state workers' compensation laws. Employees who sustain work-related injuries must immediately notify their department supervisor and Human Resources.

A work-related injury or illness, no matter how slight, must be reported immediately to your supervisor, who will work with you to complete an Injury/Incident Report Form. The completed form must be returned Human Resources for processing in a timely manner.

An employee injured on the job during the work day will be paid for his/her remaining regularly scheduled shift

Drug-Free Workplace California University of Science and Medicine (CUSM) is committed to provide a safe and productive work environment. Alcohol and drug abuse pose a threat to the health and safety of employees and to the security of our faculty, staff, students, and facilities. For these reasons, CUSM is committed to the elimination of drug and/or alcohol use and abuse in the workplace.

This policy outlines the practice and procedure designed to correct instances of identified alcohol and/or drug use in the workplace. This policy applies to all employees and all applicants for employment of the University. The Human Resource department is responsible for policy administration.

Employee Assistance and Drug-Free Awareness Illegal drug use and alcohol misuse has adverse health and safety consequences. Information about those consequences and sources of help for drug/alcohol problems is available from the Human Resource 19 | P a g e

department, whose members have been trained to make referrals and assist employees with drug/alcohol problems.

California University of Science and Medicine (CUSM) will assist and support employees who voluntarily seek help for such problems before becoming subject to discipline and/or termination under this or other policies. Such employees may be allowed to use accrued paid time off, placed on leaves of absence, referred to treatment providers and otherwise accommodated as required by law. Such employees may be required to document that they are successfully following prescribed treatment and to take and pass follow-up tests if they hold jobs that are safety sensitive or that require driving or if they have violated this policy previously.

Employees should report to work fit for duty and free of any adverse effects of illegal drugs or alcohol. This policy does not prohibit employees from the lawful use and possession of prescribed medications. Employees must, however, consult with their doctors about the medications’ effect on their fitness for duty and ability to work safely and promptly disclose any work restrictions to their supervisor. Employees should not, however, disclose underlying medical conditions unless directed to do so.

The following work rules apply to all employees:

• Whenever employees are working, are operating any company vehicle, are present on premises, or are conducting related work off-site, they are prohibited from: o Using, possessing, buying, selling, manufacturing or dispensing an illegal drug (to include possession of drug paraphernalia). o Being under the influence of alcohol or an illegal drug as defined in this policy.

• The presence of any detectable amount of any illegal drug or illegal controlled substance in an employee’s body while performing work-related business or while in a university vehicle or facility is prohibited.

• The University will not allow any employee to perform their duties while taking prescribed drugs that are adversely affecting the employee’s ability to safely and effectively perform their job duties. Employees taking a prescribed medication must carry it in the container labeled by a licensed pharmacist or be prepared to produce it if asked.

• Any illegal drugs or drug paraphernalia will be turned over to an appropriate law enforcement agency and may result in criminal prosecution.

Required Drug and Alcohol Testing California University of Science and Medicine (CUSM) retains the right to require the following tests:

• Pre-employment: All applicants must pass a drug test before beginning work or receiving an offer of employment. Refusal to submit to pre-employment testing will result in disqualification of further employment consideration.

• Reasonable suspicion: Employees are subject to testing based on observations by a supervisor of apparent workplace use, possession, or impairment. Human Resources must be consulted before sending an employee for reasonable suspicion testing.

• Post-accident: Employees are subject to testing when they cause or contribute to accidents that seriously damage a company vehicle, equipment or property and/or result in an injury to themselves or

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another employee requiring off-site medical attention. In any of these instances, the investigation and subsequent testing must take place within two (2) hours following the accident, if not sooner.

• Follow-up: Employees who have tested positive, or otherwise violated this policy, are subject to discipline up to and including discharge. Depending on the circumstances and the employee’s work history/record, the University may offer an employee who violates this policy or tests positive the opportunity to return to work on a last-chance basis pursuant to mutually agreeable terms, which could include follow-up drug testing at times and frequencies for a minimum of one (1) year but not more than two (2) years. If the employee either does not complete his/her rehabilitation program or tests positive after completing the rehabilitation program, he/she will be subject to immediate discharge from employment.

Consequences Applicants who refuse to cooperate in a drug test or who test positive will not be hired. Employees who refuse to cooperate in required tests or who use, possess, buy, sell, manufacture, or dispense an illegal drug in violation of this policy will be terminated. The first time an employee tests positive for alcohol or illegal drug use under this policy, the result will be discipline up to and including discharge.

Employees will be paid for time spent in alcohol/drug testing and then suspended pending the results of the drug/alcohol test. After the results of the test are received, a date/time will be scheduled to discuss the results of the test; this meeting will include a member of management and Human Resources. Should the results prove to be negative, the employee will receive back pay for the times/days of suspension.

Confidentiality Information and records relating to positive test results, drug and alcohol dependencies and legitimate medical explanations provided to Human Resources shall be kept confidential to the extent required by law and maintained in secure files separate from normal personnel files.

Inspections California University of Science and Medicine (CUSM) reserves the right to inspect all portions of its premises for drugs, alcohol or other contraband. All employees, contract employees and visitors may be asked to cooperate in inspections of their persons, work areas and property that might conceal a drug, alcohol or other contraband. Employees who possess such contraband or refuse to cooperate in such inspections are subject to appropriate discipline up to and including discharge.

Crimes Involving Drugs The University prohibits all employees from manufacturing, distributing, dispensing, possessing, or using an illegal drug in or on company premises or while conducting company business. Employees are also prohibited from misusing legally prescribed or over-the-counter (OTC) drugs. Law enforcement personnel shall be notified, as appropriate, when criminal activity is suspected.

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Employee Expectations

Confidentiality Our students, clients, and other parties with whom we do business entrust California University of Science and Medicine (CUSM) with important information relating to their businesses. It is our policy that all information considered confidential will not be disclosed to external parties or to employees without a “need to know.” If an employee questions whether certain information is considered confidential, he/she should first check with his/her immediate supervisor.

This policy is intended to alert employees to the need for discretion at all times and is not intended to inhibit normal business communications.

All inquiries from the media must be referred to the Office of Finance and Administration immediately.

Conflicts of Interest Employees must avoid any relationship or activity that might impair, or even appear to impair, their ability to make objective and fair decisions when performing their jobs. At times, an employee may be faced with situations in which business actions taken on behalf of the University may conflict with the employee’s own personal interests. Company property, information or business opportunities may not be used for personal gain.

Conflicts of interest could arise in the following circumstances: • Being employed by, or acting as a consultant to, a competitor or potential competitor, supplier, or contractor, regardless of the nature of the employment, while employed with the University. • Hiring or supervising family members or closely related persons. • Serving as a board member for an outside commercial company or organization. • Owning or having a substantial interest in a competitor, supplier, or contractor. • Accepting gifts, discounts, favors or services from a customer/potential customer, competitor, or supplier, unless equally available to all company employees.

Employees with a conflict-of-interest question should seek advice from management. Before engaging in any activity, transaction or relationship that might give rise to a conflict of interest, employees must seek review from their manager and the Human Resource department.

Outside Employment Employees are permitted to engage in outside work or to hold other jobs, subject to certain restrictions as outlined below.

Activities and conduct away from the job must not compete with, conflict with or compromise California University of Science and Medicine (CUSM) interests or adversely affect job performance and the ability to fulfill all job responsibilities. Employees are prohibited from performing any services for customers during nonworking time that are normally performed by the University. This prohibition also extends to the unauthorized use of any company resources, materials, tools, or equipment and the unauthorized use or application of any confidential information. In addition, employees are not to solicit or conduct any outside business during paid working time.

Employees are cautioned to carefully consider the demands that additional work activity will create before accepting outside employment. Outside employment will not be considered an excuse for poor job 22 | P a g e

performance, absenteeism, tardiness, leaving early, refusal to travel or refusal to work overtime or different hours. If the University determines that an employee’s outside work interferes with performance, the employee may be asked to terminate the outside employment.

Employees who have accepted outside employment may not use paid sick leave to work on the outside job. Fraudulent use of sick leave will result in disciplinary action up to and including termination. Attendance and Punctuality Vacation, holidays and professional development days must be scheduled with one’s supervisor in advance. Sick leave may be used in the case of emergency or sudden illness without prior scheduling. Patterns of absenteeism or tardiness may result in discipline even if the employee has not yet exhausted available paid time off. Absences due to illnesses or injuries that qualify under the Family and Medical Leave Act (FMLA) will not be counted against an employee’s attendance record. Medical documentation within the guidelines of the FMLA may be required in these instances.

Not reporting to work and not calling to report the absence is a no-call/no-show and is a serious matter. The first instance of a no call/no show will result in a written warning. The second separate offense will result into a final warning and may result in termination of employment with no additional disciplinary steps. The third separate offense will result into immediate termination. A no call/no show lasting three consecutive days may be considered job abandonment and may be deemed an employee’s voluntary resignation of employment. Professional Attire and Appearance It is important for all employees to project a professional image while at work by being appropriately attired. University employees are expected to be neat, clean, and well-groomed while on the job. Clothing must be consistent with the standards for a business environment and must be appropriate to the type of work being performed.

All employees must be covered from shoulders to mid-thigh while at work (no see-through clothing is permitted at any time). Natural and artificial scents may become a distraction from a well-functioning workplace and are also subject to this policy.

The University is confident that employees will use their best judgment regarding attire and appearance. Management reserves the right to determine appropriateness. Any employee who is improperly dressed will be counseled or in severe cases may be sent home to change clothes. Continued disregard of this policy may be cause for disciplinary action, which may result in termination.

Electronic Communication and Internet Use The following guidelines have been established for using the Internet and e-mail in an appropriate, ethical, and professional manner:

• Internet, company-provided equipment (e.g., laptops, computers) and services may not be used for transmitting, retrieving, or storing any communications of a defamatory, discriminatory, harassing or pornographic nature.

• The following actions are forbidden: using disparaging, abusive, profane, or offensive language; creating, viewing or displaying materials that might adversely or negatively reflect upon the University or be contrary to the University’s best interests; and engaging in any illegal activities, including piracy,

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cracking, extortion, blackmail, copyright infringement, and unauthorized access of any computers and company-provided equipment such as laptops.

• Employees may not copy, retrieve, modify or forward copyrighted materials, except with permission or as a single copy to reference only.

• Employees must not use the system in a way that disrupts its use by others. Employees must not send or receive large files that could be saved/transferred via OneDrive. Employees are prohibited from sending or receiving files that are not related to work.

• Employees should not open suspicious e-mails, pop-ups or downloads. Contact IITS ([email protected]) with any questions or concerns to reduce the release of viruses or to contain viruses immediately.

• Internal and external e-mails are considered business records and may be subject to discovery in the event of litigation. Be aware of this possibility when sending e-mail within and outside the University.

Right to Monitor All company-supplied technology and company-related work records belong to California University of Science and Medicine (CUSM) and not to the employee. Inappropriate or illegal use or communications may be subject to disciplinary action up to and including termination of employment.

Social Media—Acceptable Use Below are guidelines for social media use. See full policy for details.

Post only appropriate and respectful content.

• Maintain the confidentiality of California University of Science and Medicine (CUSM) trade secrets, private or confidential information. Trades secrets may include information regarding the development of systems, processes, products, knowledge, and technology. Do not post internal reports, policies, procedures, or other internal business-related confidential communications.

• Do not create a link from your blog, website, or other social networking site to a University website without identifying yourself as a University associate.

• Express only your personal opinions. Never represent yourself as a spokesperson for the University. If the University is the 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 the University, fellow employees, faculty, customers, students, suppliers, or people working on behalf of the University.

California University of Science and Medicine (CUSM) may monitor content out on the Internet. Policy violations may result in discipline up to and including termination of employment.

Solicitations, Distribution, and Posting of Materials California University of Science and Medicine (CUSM) prohibits the solicitation, distribution and posting of materials on or at its property except as may be permitted by this policy. The sole exceptions to this policy are

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charitable and community activities supported by University management and University sponsored programs related to the University’s programs and services.

Provisions: • Non-employees may not solicit employees or distribute literature of any kind on company premises at any time. • Employees may only admit non-employees to work areas with management approval or as part of a University sponsored program. These visits should not disrupt workflow. An employee must accompany the nonemployee at all times. Former employees are not permitted onto University property except for official business. • Employees may not solicit other employees during work times, except as part of a University approved or sponsored event. • Employees may not distribute literature of any kind during work times or in any work area at any time, except as part of a University sponsored event • The posting of materials or electronic announcements are permitted with prior approval from Human Resources.

Violations of this policy should be reported to your supervisor and/or Human Resources. Employee Personnel Files Human Resources maintains employee files and records and are kept confidential. Managers and supervisors may only have access to personnel file information on a need-to-know basis.

A manager or supervisor considering the hire of a former employee or transfer of a current employee may be granted access to the file, or limited parts of it, in accordance with antidiscrimination laws.

Personnel file access by current employees and former employees upon request will generally be permitted within five days of the request. Personnel files are to be reviewed in the Human Resource department. Personnel files may not be taken outside the department.

Representatives of government or law enforcement agencies, during the execution of their duties, may be allowed access to file information.

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Time Recording, Hours of Work

Identification Badges The University’s identification badge serves two purposes - one as an identifying mechanism to be used by the employee while at work and while on University premises and the other as a device to record days at work.

Employees are assigned an identification badge with the employee’s name. Each employee MUST use only his/her provided identification badge with his or her name.

NON-EXEMPT EMPLOYEES: Hourly employees are required to record all and any time worked using the forms provided to them by Human Resources. It is the employee’s supervisor responsibility to attest that the hours reported are accurate.

Overtime: Employees who work overtime will be compensated for hours worked. However, employees are expected to obtain prior approval from their supervisor and Human Resources for any overtime work, including incidental overtime. Employees who fail to follow this policy will be compensated for unauthorized over time, but they may face disciplinary action, including termination of employment.

EXEMPT EMPLOYEES: Salaried employees whose work duties exempt them from the overtime provisions of the federal Fair Labor Standards Act and any applicable state wage and hour laws, regulations, or wage orders need to swipe once a day, before 10am.

Time Recording

NON-EXEMPT EMPLOYEES: All employees must use their provided identification card bearing their name. The following procedures must be utilized:

1. Hourly (non-exempt) employees must record their time at work on a daily basis. Employees working 6 or more hours in a day are required to take a meal period of at least 30 minutes by the 5th consecutive hour of work.

2. The employee’s immediate supervisor and Human Resources’ approval is the only person authorized to approve overtime. Any overtime must be authorized in advance, with no exceptions.

3. When an employee is authorized to use accrued time off (e.g., paid vacation time) for scheduled time not worked, the employee must record that in his/her timesheet. It is the responsibility of the employee and his/her supervisor to check the available accrued benefits hours to cover the time-off. Hours exceeding the employee’s available accrued benefit hours will go into a LWOP status and needs to be reflected on the time sheet that way.

4. The employee is to review his or her worked time and if a change or correction is needed, the employee is to notify his/her immediate supervisor or designee. The correction shall be made by adjusting and initialing his/her timesheet and signing it and forwarding it to the employee’s immediate supervisor. The correction(s) shall then be sent to Human Resources to be recorded in the system to ensure appropriate pay for work time. 26 | P a g e

5. Failure to correctly record work time prior to the end of each pay period may result in disciplinary action.

6. It is the responsibility of the immediate supervisor to check employee time sheet for accuracy, completeness, and authorized worked time as well as for authorization of payment for available benefit hours prior to approval of the time sheets.

EXEMPT EMPLOYEES: Exempt employees are required to inform their immediate supervisor of sick days, holidays, vacations, attendance at authorized meetings, leave of absence and personal time off during the pay period being processed. Exempt employees must request approval for paid vacation time, jury duty, bereavement time, or any other time off from their immediate supervisor. If the exempt employee does not report accurately his time off, it is deemed a violation of this policy and the employee(s) may face disciplinary action, which may include termination of employment. Holiday time will automatically be deducted for exempt employees.

Time Reporting A work hour is any hour of the day that is worked and should be recorded to the nearest quarter of an hour. The workday is defined as the 24-hour period starting at 12:00a.m.and ending at 11:59p.m. The workweek covers seven consecutive days beginning on Sunday and ending on Saturday. The usual workweek period is 40 hours.

Overtime is defined as hours worked by an hourly or nonexempt employee over 8 (eight) hours in a single day or 40 (forty) hours in a workweek and should be recorded to the nearest quarter of an hour. Overtime must be approved in advance by the manager to whom the employee reports and Human Resources.

Employees will submit their time record daily or as directed by their manager. Each employee is to maintain an accurate daily record of his or her hours worked. All absences from work schedules should be appropriately recorded.

Meal Periods Employees must record the beginning of the meal period and the end of the meal period. Employees working 6 or more hours in a day are required to take a meal period of at least 30 minutes by the 5th consecutive hour of work. An uninterrupted, off-duty meal period is not considered hours worked and is, therefore, not compensable. Employees must obtain approval from their supervisor manager prior to working during meal periods and the reason that the employee was required to work through their meal period shall be documented and attached to the time sheet.

Rest Periods Salaried employees, as they are paid a bi-weekly salary regardless of the hours they work, may choose to take rest periods as needed. Nonexempt employees are permitted a ten (10) minute rest period for each 4 (four) hours of work. Nonexempt employees on rest periods are not required to record that because this time is considered “time worked” and is compensable.

Impermissible Use of Meal Period and/or Rest Period Neither the lunch period nor the rest period(s) may be used to account for an employee's late arrival or early departure or to cover time off for other purposes—for example, rest periods may not be accumulated to extend a meal period, and rest periods may not be combined to allow one half-hour long break period.

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Overtime Pay (nonexempt employees) Nonexempt employees will be paid 1 ½ (one and one-half) times the employees regular rate of pay for all hours worked in excess of 8 (eight) hours up to and including 12 (twelve) hours in any workday, and for the first 8 (eight) hours on the 7th (seventh) consecutive day of work in a workweek; double the employee's regular rate of pay for all hours worked in excess of 12 (twelve) hours in any workday and for all hours worked in excess of 8 (eight) on the 7th (seventh) consecutive day of work in a workweek.

Paid leave, such as holiday, sick or vacation pay, does not apply toward work time.

The workweek begins at 12:00 a.m. on Sunday morning and ends at 11:59 p.m. on Saturday night.

Employees are required to obtain approval from supervisor and Human Resources prior to working overtime.

Employees who anticipate the need for overtime to complete the week’s work must notify the supervisor in advance and obtain HR approval before working hours that extend beyond their normal schedule.

During busy periods, employees may be required to work extended hours. Notice will be provided in advance whenever possible.

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Compensation and Performance

Performance and Salary Review Employees will receive periodic performance reviews and recognition of employee performance through a merit review process. Wage increases will be determined based on individual performance at the discretion of the University and will allow for employee progression through the established salary range. Wage increases for merit are based on recommendation of the employee’s supervisor, as described below.

Annual Performance Evaluation Employees will receive periodic performance evaluation, typically done annually on the employee’s employment anniversary date. Occasionally, performance evaluation may be done at other times during the year. While typically done on the employee’s employment anniversary, performance review dates may change due to transfer, promotion, or other related reasons. Employees will be provided guidelines and resources for work performance standards. Employees are expected to meet, at minimum, the expectations for satisfactorily meeting performance expectation to be eligible for recommendation for a merit increase.

Merit Increases Once the employee has received a performance evaluation, supervisor may make a recommendation concerning a merit increase. Employees satisfactorily meeting performance expectations may be given a wage increase per the merit budget guide established each year.

The supervisor may request higher merit increases for employees consistently exceeding performance expectations. The supervisor will provide a rationale for such a request and ensure that total increases given do not exceed the department merit increase budget.

Payment of Wages Wages are paid biweekly based on the defined pay period cycle and based on the hours worked in the prior pay period for the biweekly period. Paydays are biweekly and can be referenced on the payroll calendar which is found on the T-Drive.

Overtime pay for non-exempt employees is paid biweekly with regular hours recorded in the prior pay period for the biweekly period.

If the normal payday falls on a recognized holiday, direct deposits will be made on the workday occurring before the scheduled holiday. Employees will be paid through direct deposit of funds to an employee designated financial institution.

Employees may submit an updated state and/or federal withholding form at any time. Submitted changes may take a full pay period cycle to be implemented and updated in the system.

Wage advances will not be provided under any circumstances.

Payroll deductions Deductions required by law are as follows:

• Federal Withholding Tax (Income Tax)

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• FICA (Social Security) and Medicare Tax • State Withholding Tax • State Disability Insurance (SDI) • Garnishment and Wage Attachments

Other deductions which can be made at an employee’s request include excess federal and state withholding and retirement contributions.

All payroll deductions not required by statute may only be initiated, changed, or deleted by the employee. Written authorization is also required if the employee wishes to change or discontinue previously authorized payroll deductions not required by statute.

Garnishments The University will comply with legal requirements related to “Notices of Garnishment” and “Orders to Withhold Personal Income Tax”.

When a “Notice of Wage Garnishment” or “Order to Withhold Personal Income Tax” is received, the employee will be contacted by Human Resources to be informed of its receipt. The employee also shall be provided with a copy of the Notice or Order. It is the employee’s responsibility to initiate contact with the appropriate agency, if the employee believes the Notice or Order is not valid.

Unless the University receives a written release or modified Notice or Order from the agency issuing the initial Notice or Order prior to the date required for compliance, the University is required to execute the Notice or Order in accordance with its terms.

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Holiday, Vacation, Sick Time and Hours Away from Work

Holiday Pay California University of Science and Medicine (CUSM) recognizes11 (eleven)holidays each year: • New Year’s Day • Thanksgiving Day • Martin Luther King Jr. Day • Day After Thanksgiving • Presidents Day • Christmas Eve • Memorial Day • Christmas Day • Independence Day • New Year’s Eve • Labor Day

Should a holiday fall on a weekend, the holiday will be observed on the work day closest to the holiday.

Employees who desire to observe a religious holiday that is not recognized by the University may use three (3) days of their ten (10) days of professional leave. Vacation California University of Science and Medicine (CUSM) has established a vacation plan for the benefit of its eligible full-time employees. The vacation plan is designed to provide eligible employees a period of rest and relaxation away from work without loss of pay or benefits, including time away for any personal reasons including illness. Part-Time employees are eligible for this vacation plan, pro-rated based on % of FTE. Casual Labor employees, student interns, and/or temporary employees are entirely ineligible to participate in the vacation plan or to earn any vacation pay.

The amount of benefits will be determined based on the benefit schedules described below.

Vacation Accruals Per Hour Hours per year Days per year Cap Dean, Associate Deans and Faculty 0.07692 160 20 320 Hours Staff& Employees 0.05769 120 15 240 Hours

Use of Vacation Guidelines 1. Accrual of paid vacation benefits will begin from the first day of employment or status change (e.g. per diem to full time) and is accrued on a pro-rata basis. 2. New employees are eligible to use accrued paid vacation time benefits upon accrual once hours are accrued. 3. Paid vacation benefits accrue on a pro-rata basis, based on % of FTE. 4. Paid vacation cannot be used prior to the time it is accrued. 5. Paid vacation time shall not accrue when the employee is taking unpaid, non-flex time off from work. 6. Employees who allow their vacation bank to reach the maximum accrual limits will not continue to accrue additional vacation time until the accrued balance for the vacation bank falls below the maximum accrual limit. It is the employees’ responsibility to monitor their accruals. 7. When requesting vacation, employees must request time off in advance of their proposed absence to permit management to consider their request and to accommodate the request where practical. The supervisor may approve or disapprove the request for time off based upon the needs of the department or work unit. 8. Paid vacation will be paid as the employee’s current hourly rate of pay. These hours are not counted as “hours worked” for the purpose of computing overtime. 31 | P a g e

9. When business needs dictate, non-exempt employees may be asked to “flex” (taking time off based on business needs). Non-exempt employees may then elect to take “flex” time as paid vacation time or take unpaid time. If an employee is “flexed,” he/she will continue to accrue vacation for the hours flexed. 10. Employees may not use available vacation time to supplement hours worked exceeding their regular work schedule in a pay period. Vacation may be used only to cover hours away from work that would otherwise have been worked. 11. Employees may not take unpaid time off work if the employee has accrued vacation available, unless otherwise allowed by state or federal law. Employees must submit a signed paid vacation time off request to the supervisor and then forwarded to HR. 12. An employee who is reinstated into a benefit-eligible status within 90 calendar days from the date of termination or status change will begin to accrue paid vacation at the accrual rate in effect at the time of termination. An employee who is re-hired after 90 calendar days from the date of termination or status change will be treated as a new hire for accrual purposes. 13. Employees who convert to a non-eligible position will be paid all accrued vacation time as applicable with the next occurring pay period at their regular rate of pay at the time of the conversion. If an employee transfers per the University’s transfer policy, any accrued, but unused vacation time will be paid out to the employee at their current rate of pay with the next occurring pay period. 14. Accrued, but unused vacation time will be paid at time of resignation or termination. Vacation time is paid at the employee’s final hourly rate of pay at the time of his/her separation. 15. If a University-recognized holiday falls during a scheduled vacation, the holiday time off will not be charged against the employee’s accrued vacation time. 16. If an employee is on unpaid disciplinary suspension, he/she cannot utilize vacation time or accrue vacation time. 17. Employees will “cash-out” forty (40) hours of vacation time when they reach their maximum accrual of two (2) year balance of vacation.

Employees with concerns with this vacation policy may contact Human Resources for clarification.

Sick Time

Eligibility CUSM employees are eligible to accrue paid sick time beginning with their first day of employment. This applies to all employees, including employees in full-time, part-time, per diem and temporary positions. Full time employees will accrue 64 hours or eight days of sick time per year, not to exceed a total of 128 hours or sixteen days of paid sick days. Part time employees will accrue sick time based on the number of hours worked, but no less than 1 hour of sick time for every 30 hours of work.

Use of Paid Sick Days Employees may use accrued paid sick days beginning with their 90th day of employment. In the first 90 days, employees can use a maximum of 24 hours of paid sick time. After their 90th day of employment, employees may use paid sick days as they accrue. An employee may use sick leave when the employee is sick or ill.

For purposes of this policy, the term “family member” means (a) a child, (b) a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parent is when the employee was a minor child, (c) a spouse, (d) a registered domestic partner, (e) a grandparent, (f) a grandchild, or (g) a sibling. A “child” includes a biological, adopted or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.

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Caps on Accruals Unused accrued paid sick days will carry over from one year to the next. However, an employee’s accrued paid sick leave may not exceed 128 hours or sixteen days. If an employee reaches this cap, no further paid sick days will accrue until the employee falls below the cap.

Separation from Employment Paid sick days are intended to assist employees who miss work due to their own illness or an illness of a qualified family member during employment. Any accrued paid sick days that are not used prior to the last day of employment are lost at the time of resignation, termination, retirement, layoff or other separation from employment. If an employee is rehired within one year of the date of separation, any lost paid sick days will be reinstated and available for the employees to use.

Rate of Pay Paid sick days will be compensated at the same wage as the employees normally earns during regular work hours. The rate of pay will be based on the employee’s regular rate of pay. Sick time will be paid with the pay cycle in which the sick time was taken.

Employee Notification Obligations If the need for paid sick leave is foreseeable, the employee must provide reasonable notice. If the need is unforeseeable, the employee must provide notice of the need for the leave as soon as practicable.

Professional Leave

Eligibility CUSM employees are eligible for 10 days of professional leave per fiscal year (July 1st to June 30th). Upon hiring, an employee’s professional leave will be prorated from his/her hire date to the first of July.

Use Employees shall use the professional leave to attend conferences, workshops, professional memberships, courses or similar activities that develop their professional careers. Employees are required to have their direct supervisor’s approval prior to booking any professional development activity. Employees are required to fill out a leave form for the time away from work they need and have it approved by their supervisor as well.

Annual balances The 10 days of professional leave is front loaded on July 1st every year. Unused balance will be lost and will not carry over to the next year. In addition, upon separation of employment, any balance remaining will not be paid out.

Professional Leave funds CUSM employees will receive an annual stipend to pursue their professional education. The stipend follows the same rules as the professional leave;

• July 1st to June 30th • Any unused balances will not be paid out or carried over

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• Funds are to be used for activities listed as professional development. No purchase of hardware is allowed, unless its ergonomic in nature, after the prior approval of the safety officer

Bereavement Leave Bereavement or compassionate leave in the amount of two (2) paid leave will be granted to full-time employees for a family member. An employee who wishes to take additional time off may use available vacation time. the term “family member” means (a) a child, (b) a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parent is when the employee was a minor child, (c) a spouse, (d) a registered domestic partner, (e) a grandparent, (f) a grandchild, or (g) a sibling. A “child” includes a biological, adopted or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.

Personal Leave of Absence Employees who require time off in addition to vacation may request a personal leave of absence without pay for up to a maximum of 30 (thirty) days. An extension may be approved in limited circumstances.

All regular employees employed for a minimum of 12 (twelve) months are eligible to apply for an unpaid personal leave of absence. Job performance, absenteeism and departmental requirements will all be taken into consideration before a request is approved.

Please contact Human Resources for more information on request procedures.

The employee must return to work on the scheduled return date or be considered to have voluntarily resigned from his or her employment. Extensions of leave will only be considered on a case-by-case basis.

Jury Duty Upon receipt of notification from the state or federal courts of an obligation to serve on a jury, employees must notify their supervisor and provide him/her with a copy of the jury summons. The University will pay regular full- time employees for time off for jury duty up to three days of pay.

Voting Time All employees should be able to vote either before or after regularly assigned work hours. However, when this is not possible due to work schedules, employees will receive up to three hours during the work day to vote. Time off for voting should be reported and coded appropriately on timekeeping records.

Election Leave Employees who are chosen to serve as election officials at polling sites will be permitted to take required time off to serve in this capacity. It is incumbent on employees who are chosen to act as election officials to notify their manager a minimum of seven days in advance of their need for time off to accommodate the necessary rescheduling of work periods. Time engaged as an election official should be reported and coded appropriately on timekeeping records.

Military Leave of Absence California University of Science and Medicine is committed to protecting the job rights of employees absent on military leave. In accordance with federal and state law, it is the University’s policy that no employee or prospective employee will be subjected to any form of discrimination on the basis of that person's membership 34 | P a g e

in or obligation to perform service for any of the Uniformed Services of the United States. Specifically, no person will be denied employment, reemployment, promotion or other benefit of employment on the basis of such membership. Furthermore, no person will be subjected to retaliation or adverse employment action because such person has exercised his or her rights under applicable law or company policy. If any employee believes that he or she has been subjected to discrimination in violation of company policy, the employee should immediately contact Human Resources.

Employees taking part in a variety of military duties are eligible for benefits under this policy. Such military duties include leaves of absence taken by members of the uniformed services, including Reservists and National Guard members, for training, periods of active military service and funeral honors duty, as well as time spent being examined to determine fitness to perform such service. Subject to certain exceptions under the applicable laws, these benefits are generally limited to five years of leave of absence.

Employees requesting leave for military duty should contact Human Resources to request leave as soon as they are aware of the need for leave. For request forms and detailed information on eligibility, employee rights while on leave and job restoration upon completion of leave, refer to the applicable policies, procedures and forms or contact Human Resources.

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Employee Travel and Reimbursement It is the University’s policy to reimburse employees for ordinary, necessary, and reasonable travel expenses that are directly connected with or pertaining to the transaction of company business. Employees are expected to exercise prudent business judgment regarding expenses covered by this policy. When submitting expense reports to claim reimbursement, employees are expected neither to gain nor to lose financially. This policy applies to all employees of California University of Science and Medicine.

Reimbursement for expenses not in compliance with this policy requires written approval from the President or the Chief Financial Officer. Full scope of the travel and reimbursement policy can be found in CUSM policy number #01-001.

Responsibilities and Approvals Company employees who incur travel and / or entertainment expenses are responsible for complying with this policy. Employees submitting expenses that are not in compliance with this policy risk delayed, partial, or forfeited reimbursement. Cases of significant abuse may result in disciplinary action, including employee termination.

Supervisory levels with pre-established approval authority exist for ensuring that all policies detailed herein, as well as applicable departmental policies, have been adhered to before supervisors approve employee expense reports. The employee’s direct supervisor and the Assistant CFO must approve expense reports.

Any deviations must be explained on (or attached to) the expense voucher along with the approval of the reviewing supervisor. Failure to provide acceptable documentation may result in delayed, partial, or forfeited reimbursement.

It is the role of Finance and Administration department to ensure that any expenses reimbursed or paid for by the University are in compliance with this travel policy.

Business Travel All air, lodging, and car rental reservations, including en route changes, must be booked at the lowest reasonable cost.

Air Travel Employees are required to plan their travel schedule in advance (at least 3 weeks) to allow for the purchase of discount airfares. The purchase of discount fares can potentially result in a savings of 50% or greater from a standard class fare. These fares generally require advance purchase. If an employee need to purchase a ticket within less than 3 weeks, he/she needs to provide a justification on the short notice.

Reimbursement for advance purchase tickets (including those with weekend stay-overs) should be reported for the day of departure on the first leg of the fare.

Frequent flier programs: Traveling employees may retain frequent flier program benefits. However, participation in these programs may not result in any incremental cost to California University of Science and Medicine beyond the lowest available airfare, as defined above, and therefore employees may not specify a preferred carrier on that account. Employees who elect to convert frequent flier miles to personal use also assume all associated tax liabilities.

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Payment and documentation: Airline tickets must be charged to the employee's personally held credit card. Airfare charges must be documented on employee expense reports, and the original passenger coupon of the airline ticket must be attached. Travel agency receipts or itineraries are not acceptable documentation. Ticketless travelers must submit with their expense report verification of the completed flight (i.e. receipt of confirmation number validated at the gate when boarding).

Lodging Reservations: Reasonable judgment should be used to minimize lodging expenses.

Room type: A single room in a moderately priced business class hotel or motel is the preferred corporate standard.

Payment and documentation: Lodging charges are to be billed to the employee's personally held credit card and included on expense report forms. The hotel folio bill and a credit card record of charge are required documentation for reimbursement of lodging expenses.

Car Rentals Cars should be rented by employees only when other means of transportation (trams, shuttles, etc.) are unavailable, costlier, or impractical. The use of a rented car must be justified as a business need and not as a matter of personal convenience. All rentals should be for intermediate-size cars or smaller, unless four or more people are traveling together in which case a full-size car may be justified.

Insurance When renting a vehicle for travel within the United States or Canada, The University's insurance program provides the traveling employee indemnity from casualty loss or losses resulting from bodily injury. Consequently, please buy supplemental insurance for physical damage to the rented vehicle and for “loss of use”. When renting a vehicle for travel outside the United States or Canada, optional casualty insurance should be purchased from the rental car company.

Refueling: Employees are expected to refuel rental cars before returning them to the vendor.

Payment and documentation: Car rentals are to be charged to the employee's personally held credit card and rental charges must be documented on expense reports with the car rental contract.

Use of Personal Automobiles: Employees may use personal cars for business travel. The use of personal cars for business will be reimbursed at the standard rate prescribed by the IRS. This mileage allowance covers all standard IRS auto costs (e.g., gasoline, repairs, insurance) other than parking and tolls. Traffic violations are not reimbursable and are the sole responsibility of the employee.

Other Transportation Taxi and other local transportation: The cost of taxis or ride share to and from places of business, hotels, airports, or railroad stations in connection with business activities is reimbursable. Use of taxis and ride share is authorized only when more economical services (e.g., hotel vans, shuttles) are not available or impractical. Employees are encouraged to use public transportation whenever feasible.

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Meals and Incidental Expenses California University of Science and Medicine will pay a per diem for each business/professional travel day as per the federal at $55 a day to cover meals and incidental expenses.

Entertainment Reimbursement California University of Science and Medicine will reimburse actual costs of entertaining persons having a business relationship with the University, provided that the entertainment consists of a meal (food and/or beverage expense) at which business is in fact discussed in a place generally considered to be conducive to a business discussion, i.e., no substantial distraction, or that the entertainment was associated with University business and it immediately preceded or followed a "substantial bona fide business discussion." Unless essential to the conduct of University business, employees are not authorized to entertain or buy meals for vendors selling goods or services to California University of Science and Medicine.

Payment and documentation: All entertainment (also transportation, lodging, auto rental and other single item) expenses must be supported by a receipt attached to the expense report. All meal expenses of $15 or greater must be supported by a receipt attached to the expense report. Credit card receipts are the preferred form of documentation, and employees should use their personal credit cards to pay for meal expenses whenever possible. Employee-completed tear tab receipts (where the employee writes in the amount of the expense) are generally unacceptable as documentation for meal and entertainment expenses.

Employees dining together: In cases where more than one employee attends a business meal (i.e. breakfast, lunch or dinner taken with clients, prospects, or associates during which a business discussion occurs) or entertainment event, it is allowable that the senior employee pay the bill and declare the expense with proper documentation. However, the general or casual purchasing and expensing of meals by employees for other employees is an unacceptable practice (i.e. employee meals should be for out-of-town travel or business meetings where non-employees are also present).

IRS requirements: To ensure compliance with IRS regulations, the following information must be included on or attached to employee expense reports as support for all business meal and entertainment expenses:

• Name, title, and company of all attendees • Name and location of the establishment where the event took place • Amount and date of expense • Specific business topic discussed • In the case of entertainment expenses, the specific time the business discussion took place (e.g., before, during, or after the event).

Failure to comply with IRS reporting requirements may result in a loss of expense deductibility to the University and to unforeseen tax liability to individuals.

The following incidental expenses, when directly related to business travel, are reimbursable:

Tips: • Up to 20 percent at restaurants • $1 per bag porterage • Laundry/valet: for trips in excess of 5 days • Parking (Reimbursement for long-term parking only when car is left at airport) • Baggage handling fees up to 1 bag

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Airline Clubs: This is not an allowable expense.

Non-Reimbursable expenses Professional Dues, Seminar Expenses and Subscription: In general, newspaper and magazine subscriptions are not reimbursable. Reimbursement for subscriptions is restricted to technical publications directly related to an individual's job function and requires advance approval by the employee's direct supervisor. Professional dues are not reimbursable unless approved by the Dean. Reimbursement for seminars requires advance approval by the Dean and Assistant CFO. Employees should pay these expenses and request reimbursement on the expense report.

Spouse Travel: Travel expenses for a spouse are not reimbursable as a business expense unless it can be shown that the spouse's presence was both essential and directly related to the effective accomplishment of company business. In these limited instances, the employee must obtain written approval in advance from an immediate supervisor and from the next higher level of management. Travel expenses for a spouse are to be included on the employee's expense report.

Non-reimbursable expenses include, but are not limited to, the following: • Credit Card Fees • ATM Receipts for cash withdrawal (No Exception) • Personal flight insurance premiums • Airline fare amounts in excess of standard or coach fare(First class upgrades) • Upgrades for hotel or car rental • Barber/hairstylist • Traffic fines • In-flight movies and refreshment • Hotel room movies • Luggage, briefcases check-in fee beyond the 1st bag (standard rate $25) • Personal items (toiletries, medications, etc.) • Official airline guides, magazine or books purchased for individuals • Bottled water, snacks, drinks or purchases from in-room mini-bar • Alcoholic beverages • Souvenirs, clothing, laundry (if under 5 days), hotel gym fees

Telephone - Credit Card, Cellular Phones, Pagers, Long Distance Calls Cellular Phones: The costs associated with the acquisition and operation of cellular phones are not reimbursable except for itemized business calls so noted on the detail monthly statement. These non- reimbursable expenses include the equipment purchase cost or monthly lease / rental cost and any monthly "connect" fees or minimum usage billing by the communications carrier.

Long Distance Calls: Long distance calls placed from any company location should be for business purposes only.

Expense Report Processing Business expenses are processed within 2 weeks from submission to Finance and Administration. The standard California University of Science and Medicine Expense Report Form found on the T-Drive is to be used to report expenses.

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Reimbursement documentation: for transportation, lodging, automobile rental, and all single items of expenses must be accompanied by original receipts. Credit card receipts by themselves are unacceptable as receipts for lodging, automobile rental and airfare, but will suffice as documentation for meals. Employee-completed tear tab receipts (where the employee writes in the amount of the expense) are unacceptable as documentation for meal and entertainment expenses. Credit card statement is inadequate as documentation as it lacks sufficient information for processing. When no documentation is presented, the expense item in question will be denied for reimbursement.

Reporting of lodging and transportation expenses should comply with the following guidelines. Room charges (incl. tax), local telephone calls or parking which may appear on the hotel bill should be reported on the expense report separately by category by day. Meals should be charged separately and also reported by day as "Breakfast", "Lunch", or "Dinner". Airfare should be reported as a single amount per ticket for the day of departure. With respect to round-trip fares, "day of departure" refers to the day of departure for the first leg of the fare. Car rentals should be reported for the day the car is returned.

Explanatory notes consistent with IRS guidelines are required for (1) any expenses reported on lines captioned "Other" or "Entertainment", (2) the purpose for travel, (3) the purpose for non-travel-related meals and (4) costs reported for expenses incurred in prior periods not previously reported.

IRS regulations require that employees maintain a record of expenses, and that expenses be recorded at or near the time of expenditure. Employees should either: (1) keep a daily diary or other record and transcribe the information periodically onto the expense report, or (2) fill out the expense report on a daily basis.

Employees traveling together should each pay their own expenses. However, when it is not practical for expenses to be paid separately, the employee with the highest approval level should pay and submit the total expense indicating the names of the employees for whom expenses were paid.

Time frames: The IRS states that a reasonable time frame for turning in reimbursement reports is a maximum of two months after expenses are incurred for prompt processing and correct accounting practices. Completing your report as soon as you return from your travel reduces the risk of lost receipts, missed dates, and incorrect reporting of data. Expenses more than two months old will not be reimbursed, exceptions will be made for employees not expected in the office within that time (e.g. on extended vacation, sick leave etc.).

Expense report forms: A copy of California University of Science and Medicine's authorized expense report form is attached, with detailed instruction for the completion of each section of the form.

Authorization: All expense reports must include a signature of authorization from the direct supervisor. Approving signers are expected to audit expense reports for accuracy and compliance with this policy.

Audit: All employees are subject to random expense report audits.

Each expense report must be approved by the employee's direct supervisor and the Assistant CFO. Only original signed expense reports will be accepted. A report prepared in pencil is not acceptable. Expense reports not properly completed or approved will be returned for correction. Once an expense report is submitted and processed, unless an error was made by Finance, it is considered final and no resubmission and reprocessing will be accepted.

No changes will be made in this policy or any deviations authorized without the express written permission of the Assistant Chief Financial Officer or the President.

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Benefits For more information regarding benefits programs, please refer to California University of Science and Medicine Summary Plan Descriptions, which were provided to employees upon hire, or contact the Human Resource department.

Medical and Dental Insurance California University of Science and Medicine currently offers regular full-time employees regularly scheduled to work a minimum of 30 hours per week enrollment in medical and dental insurance coverage options on the first day of the upcoming month after the hire date.

Employees have up to 30 days from their date of hire to make medical and dental plan elections. Once made, elections are fixed for the remainder of the plan year. Changes in family status, as defined in the Plan document, allow employees to make midyear changes in coverage consistent with the family status change. Please contact the Human Resource department to determine if a family status change qualifies under the Plan document and IRS regulations.

At the end of each calendar year during open enrollment, employees may change medical and dental elections for the following calendar year.

The Human Resource department is available to answer benefits plan questions and assist in enrollment as needed.

Lactation Employees who breastfeed a child will be provided reasonable break times as needed to express breast milk for her baby for up to one year after a child’s birth. The University will designate New Mother’s Rooms for this purpose. A refrigerator will also be reserved for the specific storage of breast milk is available. Any breast milk stored in the refrigerator must be labeled with the name of the employee and the date of expressing the breast milk. Any nonconforming products stored in the refrigerator may be disposed of. Employees storing milk in the refrigerator assume all responsibility for the safety of the milk and the risk of harm for any reason, including improper storage or refrigeration and tampering. Additional rules for use of the room and refrigerator storage are posted in the room. Employees who work off-site or in other locations will be accommodated with a private area as necessary.

Medical Leaves of Absence (FMLA & CFRA) As an employee, you may be entitled to a leave of absence under the Family and Medical Leave Act (“FMLA”) and/or the California Family Rights Act (“CFRA”). This policy is intended to provide you with information concerning FMLA/CFRA entitlements and obligations you may have during such leaves. If you have any questions concerning FMLA/CFRA leave, please contact Administration/Human Resources.

General Provisions The University will grant up to 12 (twelve) weeks (or up to 26 (twenty-six) weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12 (twelve) month period to eligible employees. The leave may be paid, unpaid or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy.

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Eligibility The FMLA and CFRA provide eligible employees with a right to leave, health insurance benefits and, with some limited exceptions, job restoration. To be an “eligible employee”, you must (1) have been employed by the University for at least 12 months (which need not be consecutive); (2) have worked for at least 1250 hours during the 12 month period immediately preceding the commencement of the leave; and (3) at a worksite where 50 or more employees are located within 75 miles of the worksite.

Employee Entitlements for FMLA/CFRA Leave

Basic FMLA/CFRA Leave Entitlement The FMLA provides eligible employees up to 12 workweeks of unpaid leave for certain family and medical reasons during a 12-month period. The 12-month period is determined by a “rolling” 12-month period measured backwards from when an employee first uses FMLA/CFRA leave. In some instances, leave may be counted under the FMLA but not CFRA or under CFRA but not the FMLA. Leave may be taken for any one, or for a combination, of the following reasons:

• Disability due to pregnancy, childbirth or related medical condition (counts only toward FMLA leave and California Pregnancy Disability Leave (“PDL”) leave entitlements); • Bonding and/or caring for a newborn child (counts toward FMLA and CFRA leave entitlements); • For placement with the employee of a child for adoption or foster care and to care for the newly placed child; (counts toward FMLA and CFRA leave entitlements); • To care for the employee’s spouse, domestic partner, child, or parent (but not in-law) with a serious health condition; (counts toward FMLA and CFRA leave entitlements except for time to care for an employee’s domestic partner does not count towards FMLA leave, only CFRA leave); • For the employee’s own serious health condition that makes the employee unable to perform one or more of the essential functions of the employee’s job; and/or (counts toward FMLA and CFRA leave entitlements); • Because of any qualifying exigency arising out of the fact that an employee’s spouse, son, daughter or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty status in the National Guard or Reserves in support of contingency operations) (counts toward FMLA leave entitlement only).

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care University, hospice or residential health care University, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the essential functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

Additional Military Family Leave Entitlement

In addition to the basic FMLA/CFRA leave entitlement described above, an eligible employee who is the spouse, domestic partner, son, daughter, parent or next of kin of a covered service member is entitled to take up to 26 weeks of leave during a 12-month period to care for the service member with a serious injury or illness. Leave to care for a service member shall only be available during a single-12 month period and, when combined with other FMLA-qualifying leave, may not exceed 26 weeks during the single 12-month period. The single 12-month period begins on the first day an eligible employee takes leave to care for the injured service member.

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A “covered service member” means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is on the temporary retired list, for a serious injury or illness. A member of the Armed Forces would have a serious injury or illness if he/she has incurred an injury or illness in the line of duty while on active duty in the Armed Forces provided that the injury or illness may render the service member medically unfit to perform duties of the member’s office, grade, rank or rating.

Intermittent Leave and Reduced Leave Schedules

FMLA/CFRA leave usually will be taken for a period of consecutive days, weeks or months. However, employees are also entitled to take FMLA leave intermittently or on a reduced leave schedule when medically necessary due to a serious health condition of the employee or covered family member or the serious injury or illness of a covered service member. Intermittent leave can also be taken for any qualifying exigency.

Employees are also eligible for intermittent leave for bonding with a child following birth or placement. Intermittent leave for bonding purposes generally must be taken in two-week increments, but the University permits two occasions where the leave may be for less than two weeks.

Health Insurance Benefits

During FMLA/CFRA leave, eligible employees are entitled to receive group health plan coverage while on leave for up to 12 weeks. Once FMLA or FMLA/CFRA leave exceeds 12 weeks (for example, in cases of FMLA/PDL leave followed by CFRA birth bonding leave), an employee will be notified of his or her right to continue group health insurance benefits at the employee’s cost under COBRA.

Restoration of Employment and Benefits

At the end of FMLA/CFRA leave, subject to some exceptions including situations where job restoration of “key employees” will cause the University substantial and grievous economic injury, employees generally have a right to return to the same or equivalent positions they held before the FMLA/CFRA leave. The University will notify employees if they qualify as “key employees”, if it intends to deny reinstatement, and of their rights in such instances. Use of FMLA/CFRA leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible employee’s FMLA/CFRA leave.

Notice of Eligibility for, and Designation of, FMLA/CFRA Leave

Employees requesting FMLA/CFRA leave are entitled to receive written notice from the University telling them whether they are eligible for FMLA and/or CFRA leave and, if not eligible, the reasons why they are not eligible. When eligible for FMLA/CFRA leave, employees are entitled to receive written notice of: 1) their rights and responsibilities in connection with such leave; 2) the University’s designation of leave as FMLA/CFRA-qualifying or non-qualifying, if not FMLA/CFRA- qualifying, the reasons why; and 3) the amount of leave, if known, that will be counted against the employee’s leave entitlement.

The University may retroactively designate leave as FMLA/CFRA leave for a period of up to 10 days with appropriate written notice to employees, provided the University’s failure to designate leave as FMLA/CFRA-qualifying at an earlier date did not cause harm or injury to the employee. In all cases where a leave qualifies only for FMLA protection, the University and employee can mutually agree that leave be retroactively designated as FMLA leave.

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Employee Obligations for FMLA/CFRA Leaves

Provide Notice of the Need for Leave

Employees who take FMLA/CFRA leave must timely notify the University of their need for FMLA/CFRA leave. The following describes the content and timing of such employee notices. Content of Employee Notice

To trigger FMLA/CFRA leave protections, employees must inform Administration/Human Resources of the need for FMLA/CFRA-qualifying leave and the anticipated timing and duration of the leave, if known. Employees may do this by either requesting FMLA/CFRA leave specifically, or explaining the reasons for leave so as to allow the University to determine that the leave is FMLA/CFRA-qualifying. For example, employees might explain that:

• a medical condition renders them unable to perform the essential functions of their job; • they are pregnant or have been hospitalized overnight; • they or a covered family member are under the continuing care of a health care provider; • the leave is due to a qualifying exigency cause by a covered military member being on active duty or called to active duty status; or • if the leave is for a family member, that the condition renders the family member unable to perform daily activities or that the family member is a covered service member with a serious injury or illness.

Calling in “sick,” without providing the reasons for the needed leave, will not be considered sufficient notice for FMLA/CFRA leave under this policy. Employees must respond to the University’s lawful questions to determine if absences are potentially FMLA/CFRA-qualifying.

If employees fail to explain the reasons for FMLA/CFRA leave, the leave may be denied. When employees seek leave due to FMLA/CFRA-qualifying reasons for which the University has previously provided FMLA/CFRA-protected leave, they must specifically reference the qualifying reason for the leave or the need for FMLA/CFRA leave.

Timing of Employee Notice

Employees must provide 30 days advance notice of the need to take FMLA/CFRA leave when the need is foreseeable. When 30 days notice is not possible, or the approximate timing of the need for leave is not foreseeable, employees must provide the University notice of the need for leave as soon as practicable under the facts and circumstances of the particular case. Employees who fail to give 30 days notice for foreseeable leave without a reasonable excuse for the delay, or otherwise fail to satisfy FMLA/CFRA notice obligations, may have FMLA/CFRA leave delayed or denied.

Cooperating in the Scheduling of Leave

When planning medical treatment for the employee or family member or requesting to take leave on an intermittent or reduced schedule work basis, employees must consult with the University and make a reasonable effort to schedule treatment so as not to unduly disrupt the University’s operations. Employees must consult with the University prior to the scheduling of treatment in order to work out a treatment schedule which best suits the needs of both the University and the employees, subject to the approval of the applicable health care provider. When employees take intermittent or reduced work schedule leave for foreseeable planned medical treatment for the employee or a family member, including a period of recovery from a serious health condition, or to care for a covered service member, the University may

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temporarily transfer employees to alternative positions with equivalent pay and benefits for which the employees are qualified and which better accommodate recurring periods of leave.

Submit Initial Medical Certifications Supporting Need for Leave (Unrelated to Requests for Military Family Leave)

Depending on the nature of FMLA/CFRA leave sought, employees may be required to submit medical certifications supporting their need for FMLA/CFRA-qualifying leave. As described below, there generally are three types of FMLA/CFRA medical certifications: an initial certification, a recertification, and a return to work/fitness for duty certification.

It is the employee’s responsibility to provide the University with timely, complete and sufficient medical certifications. Whenever the University requests employees to provide FMLA/CFRA medical certifications, employees must provide the requested certifications within 15 calendar days after the University’s request, unless it is not practicable to do so despite an employee’s diligent, good faith efforts. The University shall inform employees if submitted medical certifications are incomplete or insufficient and provide employees at least seven calendar days to cure deficiencies. The University will deny FMLA/CFRA leave to employees who fail to timely cure deficiencies or otherwise fail to timely submit requested medical certifications.

With the employee’s permission, the University (through individuals other than an employee’s direct supervisor) may contact the employee’s health care provider to authenticate or clarify completed and sufficient medical certifications. If employees choose not to provide the University with authorization allowing it to clarify or authenticate certifications with health care providers, the University may deny FMLA/CFRA leave if certifications are unclear.

Whenever the University deems it appropriate to do so, it may waive its right to receive timely, complete and/or sufficient FMLA medical certifications.

Initial Medical Certifications

Employees requesting leave because of their own, or a covered relation’s, serious health condition, or to care for a covered service member, must supply medical certification supporting the need for such leave from their health care provider or, if applicable, the health care provider of their covered family or service member. If employees provide at least 30 days’ notice of medical leave, they should submit the medical certification before the leave begins. A new initial medical certification will be required on an annual basis for serious medical conditions lasting beyond a single leave year or when an initial medical certification has expired.

If the University has reason to doubt initial medical certifications regarding an employee’s own serious health condition, it may require employees to obtain a second opinion at the University’s expense. If the opinions of the initial and second health care providers differ, the University may, at its expense, require employees to obtain a third, final and binding certification from a health care provider designated or approved jointly by the University and the employee. The University will reimburse employees for any reasonable “out of pocket” travel expenses incurred to obtain second or third medical opinions. Except in very rare circumstances, the University will not require employees to travel outside normal commuting distance for purposes of obtaining second or third medical opinions.

Medical Recertifications

Depending on the circumstances and duration of FMLA/CFRA leave, the University may require employees to provide recertification of medical conditions giving rise to the need for leave. In cases of leave that qualifies under CFRA, recertification will only be requested when the original certification has expired.

Moreover, depending on the circumstances and duration of the FMLA leave, the University may require employees to provide recertification of medical conditions giving rise to the need for leave every thirty days (or more frequently in special circumstances). For chronic or long term conditions, the University may require certifications every six months. However,

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as earlier explained, for leave that also qualifies under CFRA, extensions will be requested only when a prior medical certification has expired or is about to expire.

The University will notify employees if recertification is required and will give employees at least 15 calendar days to provide medical recertification.

Reemployment Privileges

Except where the law authorizes a different result, an employee who complies with the provisions of this policy will be guaranteed reemployment upon expiration of an approved leave, provided that the total period of the leave does not exceed 12 weeks or, in the case of a leave for a covered service member, 26 weeks. The employee will be reemployed in the same or an equivalent position as that which he or she occupied when the leave commenced. An employee who takes leave because of his or her own serious health condition must provide a medical certification verifying that he or she is able to return to work in the same manner as employees who return from other types of medical leave.

Submit Certifications Supporting Need for Military Family Leave

Upon request, the first time employees seek leave due to qualifying exigencies arising out of the active duty or call to active duty status of a covered military members, the University may require employees to provide: 1) a copy of the covered military member’s active duty orders or other documentation issued by the military indicating the covered military member is on active duty or call to active duty status and the dates of the covered military member’s active duty service; and 2) a certification from the employee setting forth information concerning the nature of the qualifying exigency for which leave is requested. Employees shall provide a copy of new active duty orders or other documentation issued by the military for leaves arising out of qualifying exigencies arising out of a different active duty or call to active duty status of the same or a different covered military member.

When leave is taken to care for a covered service member with a serious injury or illness, the University may require employees to obtain certifications completed by an authorized health care provider of the covered service member. In addition, and in accordance with the FMLA regulations, the University may request that the certification submitted by employees set forth additional information provided by the employee and/or the covered service member confirming entitlement to such leave.

Reporting Changes to Anticipated Return Date

If an employee’s anticipated return to work date changes and it becomes necessary for the employee to take more or less leave than originally anticipated, the employee must provide the University with reasonable notice (i.e., within 2 business days) of the employee’s changed circumstances and new return to work date. If employees give the University unequivocal notice of their intent not to return to work, they will be considered to have voluntarily resigned and the University’s obligation to maintain health benefits (subject to COBRA requirements) and to restore their positions will cease.

Substitute Paid Leave for Unpaid FMLA Leave

If employees request FMLA/PDL leave because of disability due to pregnancy, childbirth or related medical conditions, they must first substitute any accrued paid sick leave for unpaid family/medical leave. Employees may make a written request to substitute accrued, unused paid vacation benefits for unpaid FMLA/PDL leave once the employees’ sick time is exhausted.

If employees request FMLA/CFRA leave because of their own serious health conditions (excluding absences for which employees are receiving workers’ compensation or short term disability benefits), they must first substitute any accrued sick leave for unpaid family/medical leave.

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If employees request FMLA/CFRA leave to care for a covered family member with a serious health condition or bond with a newborn child, they must first substitute any accrued paid vacation for unpaid family/medical leave. Once vacation time is exhausted, upon written request an employee can substitute paid sick leave for unpaid FMLA/CFRA leave for such purposes except an employee cannot use sick leave to bond with a child where the employee’s child is not ill or sick since sick leave is contingent on the illness of the employee, child, parent, spouse or registered domestic partner.

A leave of absence in connection with a workers’ compensation injury/illness or for which an employee receives short term disability or State of California Paid Family Leave benefits shall run concurrently with FMLA/CFRA leave. Upon written request, the University will allow employees to use accrued paid time off to supplement any paid workers’ compensation, short term disability or Paid Family Leave benefits.

The substitution of paid time off for unpaid family/medical leave time does not extend the length of FMLA leaves and the paid time off runs concurrently with the FMLA/CFRA entitlement.

Pay Employee’s Share of Health Insurance Premiums

As noted above, during FMLA/CFRA leave, employees are entitled to continued group health plan coverage under the same conditions as if they had continued to work. If paid leave is substituted for unpaid family/medical leave, the University will deduct employees’ shares of the health plan premium as a regular payroll deduction. If FMLA/CFRA leave is unpaid, employees must pay their portion of the premium by check to the University. The University’s obligation to maintain health care coverage ceases if an employee’s premium payment is more than 30 days late. If an employee’s payment is more than 15 days late, the University will send a letter notifying the employee that coverage will be dropped on a specified date unless the co-payment is received before that date.

If employees do not return to work within 30 calendar days at the end of the leave period (unless employees cannot return to work because of a serious health condition or other circumstances beyond their control) they will be required to reimburse the University for the cost of the premiums the University paid for maintaining coverage during their unpaid FMLA/CFRA leave.

Coordination of FMLA Leave with Other Leave Policies

The FMLA does not affect any federal, state or local law prohibiting discrimination, or supersede any State or local law which provides greater family or medical leave rights. However, whenever permissible by law, the University will run FMLA leave concurrently with any other leave provided under state or local law. For additional information concerning leave entitlements and obligations that might arise when FMLA/CFRA leave is either not available or exhausted, please consult the University’s other leave policies in this Employee Handbook or contact the Human Resources Department.

Questions and/or Complaints about FMLA/CFRA Leave

If you have questions regarding this policy, please contact Administration/Human Resources. The University is committed to complying with the FMLA and CFRA and, whenever necessary, shall interpret and apply this policy in a manner consistent with the FMLA and CFRA.

The FMLA makes it unlawful for employers to: 1) interfere with, restrain, or deny the exercise of any right provided under FMLA; or 2) discharge or discriminate against any person for opposing any practice made unlawful by FMLA or involvement in any proceeding under or relating to FMLA. If employees believe their FMLA rights have been violated, they should contact Administration/Human Resources immediately. The University will investigate any FMLA complaints and take prompt and appropriate remedial action to address and/or remedy any FMLA violation. Employees also may file FMLA complaints with the United States Department of Labor or may bring private lawsuits alleging FMLA violations.

Additional Definitions:

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“Spouse” means a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized. This also includes a legal same sex marriage.

“Parent” means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child, son or daughter as defined in paragraph (c) of this section. This term does not include parents “in law.”

“Child, son or daughter” means, for purposes of FMLA/CFRA leave taken for birth or adoption, or to care for a family member with a serious health condition, a biological, adopted, or foster child, a stepchild (including children of a domestic partner), a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability” or an adult dependent child at the time that FMLA/CFRA leave is to commence.

(1) “Incapable of self care” means that the individual requires active assistance or supervision to provide daily self care in three or more of the “activities of daily living” (ADLs) or “instrumental activities of daily living” (IADLs). Activities of daily living include adaptive activities such as caring appropriately for one’s grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

(2) “Mental or physical disability” means a physical or mental impairment that limits one or more of the major life activities of an individual. Regulations at 29 CFR 1630.2(h), (i), and (j), issued by the Equal Employment Opportunity Commission under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., define these terms.

(3) Persons who are “in loco parentis” include those with day to day responsibilities to care for and financially support a child, or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.

“Adoption” means legally and permanently assuming the responsibility of raising a child as one’s own. The source of an adopted child (e.g., whether from a licensed placement agency or otherwise) is not a factor in determining eligibility for FMLA/CFRA leave.

“Foster care” is 24 hour care for children in substitution for, and away from, their parents or guardian. Such placement is made by or with the agreement of the State as a result of a voluntary agreement between the parent or guardian that the child be removed from the home, or pursuant to a judicial determination of the necessity for foster care, and involves agreement between the State and foster family that the foster family will take care of the child. Although foster care may be with relatives of the child, State action is involved in the removal of the child from parental custody.

“Son or daughter on active duty or call to active duty status” means the employee’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on active duty or call to active duty status, and who is of any age.

“Son or daughter of a covered service member” means the service member’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the service member stood in loco parentis, and who is of any age.

“Parent of a covered service member” means a covered service member’s biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered service member. This term does not include parents “in law.”

“Next of kin of a covered service member” means the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as his

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or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered service member, all such family members shall be considered the covered service member’s next of kin and may take FMLA leave to provide care to the covered service member, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered service member’s only next of kin.

"Health Care Provider" means: (1) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; (2) podiatrists, dentists, clinical psychologists, optometrists, chiropractors (limited treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-Ray to exist) authorized to practice under the State law and performing within the scope of their practice as defined by State law; (3) nurse practitioners, nurse-midwives, clinical social workers and physician assistants authorized under State law and performing within the scope of their practice as defined by State law; (4) Christian Science practitioners (may be required to submit to second or third certification through examination - not treatment of a health care provider); (5) any other health care provider from whom the employer or the employee's group health plan benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; and (7) a health care provider who practices in a country other than the United States who is authorized to practice in accordance with the laws of that country and is performing within the scope of his or her practice as defined under such law. For purposes of leave taken to care for a covered service member, any one of the following health care providers may complete such a certification: (1) a United States Department of Defense (“DOD”) health care provider; (2) a United States Department of Veterans Affairs (“VA”) health care provider; (3) a DOD TRICARE network authorized private health care provider; or (4) a DOD non-network TRICARE authorized private health care provider.

“Domestic Partner” means two adults who have established a registered domestic partnership in accordance with the requirements of California law.

The University will require certification for the serious injury or illness of the covered service member. The employee must respond to such a request within 15 (fifteen) days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.

Recertification The University may request recertification for the serious health condition of the employee or the employee’s family member when circumstances have changed significantly, or if the employer receives information casting doubt on the reason given for the absence, or if the employee seeks an extension of his or her leave. Otherwise, the University may request recertification for the serious health condition of the employee or the employee’s family member every 6 (six) months in connection with an FMLA absence.

Procedure for Requesting FMLA Leave All employees requesting FMLA leave must provide to Human Resources with verbal or written notice of the need for the leave. Within 5 (five) business days after the employee has provided this notice, Human Resources will provide the employee with the DOL Notice of Eligibility and Rights.

When the need for the leave is foreseeable, the employee must provide the employer with at least 30 (thirty) days' notice. When an employee becomes aware of a need for FMLA leave less than 30 (thirty) days in advance, the employee must provide notice of the need for the leave either the same day or the next business day. When the need for FMLA leave is not foreseeable, the employee must comply with the University’s usual and customary notice and procedural requirements for requesting leave.

Designation of FMLA Leave Within 5 (five) business days after the employee has submitted the appropriate certification form, Human Resources will provide the employee with a written response to the employee’s request for FMLA leave.

Intent to Return to Work from FMLA Leave

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The University may require an employee on FMLA leave to report periodically on the employee’s status and intent to return to work. Stay in contact with your supervisor or Human Resources during your leave and provide notice of your plans to return to work so preparations can be made.

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