Employee Handbook
Spring 2020
TABLE OF CONTENTS
Introductory Statement
EMPLOYMENT
Nature of Employment
Equal Employment Opportunity Employer
Employment At-Will
Employment Status
Full-Time Nonexempt Employees
Part-Time Nonexempt Employees
Exempt Employees
Part-Time Temporary Employees
Employment of Relatives
Introductory Period
Personnel Records
Access to Employee Records
Changes to Employee’s Personal Data
Voluntary Terminations
Involuntary Terminations
Personal Appearance
Exit Interviews
Employee Relations
Sexual and Other Unlawful Harassment
Sexual Harassment Defined
Other Types of Harassment
Prohibited Conduct
Corrective Action
Anti-Bullying
Drug Abuse
Punctuality & Attendance
Confidentiality
Conflicts of Interest
Business Ethics and Conduct
Problem Resolution Process
Open Door Policy
OPERATIONS
Working Hours and Paydays
Garnishments
Direct Deposit
Timekeeping Procedures
Overtime
Meal Periods
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OPERATIONS (cont.)
Policies Against Workplace Violence
Use of Equipment
Employee Property
Video Surveillance
Telephones and Cell Phones
Non-Fraternization Policy
Smoking Policy
Visitors in the Workplace
Health & Safety
BENEFITS
Health Insurance
Workers’ Compensation
Sick Pay
Post-Termination Continuation of Medical Insurance
Insurance Continuation While on Leave of Absence
Leaves of Absence
Non-Occupational Medical Leave
Occupational Medical Leave
Pregnancy Disability Leave
Family Medical Leave
Bereavement Leave
Jury/Witness Duty
Military Leave (Active and Reserve Service)
Military Spouse Leave
Voting Time Off
California Paid Family Leave
Emergency Duty
Leave for Victims of Domestic Violence
Drug/Alcohol Rehabilitation
Parental Leave
Reporting/Show Up Pay
Acknowledgement and Agreement
Handbook Purpose Statement
This employee handbook is presented as a matter of information and has been prepared to
inform employees about EMPYREAN PRODUCTION SERVICES’ philosophy, employment
practices, policies, and the benefits provided to our valued employees, as well as the conduct
expected from them. While this handbook is not intended to be a book of rules and regulations
or a contract, it does include some important guidelines which employees should know. Except
for the at-will employment provisions, the handbook can be amended at any time.
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This employee handbook will not answer every question employees may have, nor would
EMPYREAN PRODUCTION SERVICES want to restrict the normal question and answer
interchange among us. It is in our person-to-person conversations that we can better know each
other, express our views, and work together in a harmonious relationship.
We hope this guide will help employees feel comfortable with us. EMPYREAN
PRODUCTION SERVICES depends on its employees; their success is our success. Please
don’t hesitate to ask questions. Every manager will gladly answer them. We believe employees
will enjoy their work and their fellow employees here. We also believe that employees will find
EMPYREAN PRODUCTION SERVICES a good place to work.
No one other than authorized management may alter or modify any of the policies in this
employee handbook. No statement or promise by a supervisor, manager, or designee is to be
interpreted as a change in policy, nor will it constitute an agreement with an employee.
Should any provision in this employee handbook be found to be unenforceable and invalid, such
a finding does not invalidate the entire employee handbook, but only the subject provision.
Nothing in this handbook is intended to infringe upon employee rights under Section Seven (7) of
the National Labor Relations Act (NRLA) or be incompatible with the NLRA.
We ask that employees read this guide carefully, become familiar with EMPYREAN
PRODUCTION SERVICES and our policies, and refer to it whenever questions arise.
NATURE OF EMPLOYMENT
It is the policy of EMPYREAN PRODUCTION SERVICES to provide equal employment
opportunities to all qualified individuals and to administer all aspects and conditions of
employment without regard to race, religion (including religious dress and grooming), color, sex,
gender, family care leave status, sexual orientation (including heterosexuality, homosexuality and
bisexuality), gender identity (including gender-related appearance and behavior), pregnancy
(childbirth, breastfeeding, or related medical condition), age, national origin, ancestry, physical or
mental disability, medical condition, severe and morbid obesity, military or veteran status, status
as a victim of domestic violence, sexual assault, or stalking, genetic information, marital status,
ethnicity, alienage or any other protected classification, in accordance with applicable federal,
state, and local laws. EMPYREAN PRODUCTION SERVICES takes allegations of
discrimination, harassment and retaliation very seriously and will promptly conduct an
investigation when warranted.
Equal employment opportunity includes, but is not limited to, employment, training, promotion,
demotion, transfer and termination.
It is the policy of EMPYREAN PRODUCTION SERVICES to comply with all the relevant
and applicable provisions of the federal Americans with Disabilities Act (ADA) and Pregnancy
Discrimination Act (PDA), as well as state and local laws concerning the hiring and employment
of individuals with temporary and ongoing disabilities. Pregnant workers may also have
impairments related to their pregnancies that qualify under the ADA. EMPYREAN
PRODUCTION SERVICES will not discriminate against any qualified employee or job
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applicant because of a person’s physical or mental disability with respect to any terms, privileges
or conditions of employment, including, but not limited to hiring, advancement, discharge,
compensation and training.
Employees who become disabled should notify their supervisor or manager if the conditions of
the disability impair their ability to perform the essential functions of their position. Where
necessary and feasible, reasonable accommodations will be made for qualified disabled
employees to perform the essential functions of the job in question, as long as the
accommodation does not cause EMPYREAN PRODUCTION SERVICES undue hardship.
EMPYREAN PRODUCTION SERVICES will also make reasonable accommodations for
employees who have work-related limitation stemming from pregnancy, childbirth or a related
medical condition. This may include temporary transfer to a less strenuous or less hazardous
position, if an employee so requests upon the advice of their health care provider, as long as the
accommodation does not cause EMPYREAN PRODUCTION SERVICES undue hardship.
All employees are required to comply with safety standards. Applicants who pose a direct threat
to the health or safety of other individuals in the workplace, which cannot be eliminated by
reasonable accommodation will not be hired. Current employees who pose a direct threat to the
health or safety of the other individuals in the workplace will be placed on appropriate leave until
a decision has been made by management regarding the employee’s immediate employment
situation.
You should report every instance of discrimination to your Supervisor regardless of whether you
or someone else is the subject of the discrimination. Detailed reports including names,
descriptions, and actual events or statements made will greatly enhance EMPYREAN
PRODUCTION SERVICES ability to investigate. Any documents supporting the allegations
should be submitted. Based on your report, EMPYREAN PRODUCTION SERVICES will
conduct an investigation. EMPYREAN PRODUCTION SERVICES prohibits any and all
retaliation for submitting a report of unlawful discrimination and for cooperating in any
investigation. Any Supervisor or employee who retaliates against the accuser or those involved in
the investigation will be disciplined, up to and including discharge from employment.
If the investigation determines that prohibited discrimination or other conduct violating
EMPYREAN PRODUCTION SERVICES policy has occurred, EMPYREAN
PRODUCTION SERVICES will take corrective action, up to and including termination of
employment, against those who engaged in the misconduct.
EMPLOYMENT AT-WILL
Employment at EMPYREAN PRODUCTION SERVICES may be terminated for any reason,
with or without cause or notice, at any time by the employee or EMPYREAN PRODUCTION
SERVICES. Nothing in this Employee Handbook or in any oral or written statement shall limit
the right to terminate employment at-will. No Manager/Supervisor or employee of
EMPYREAN PRODUCTION SERVICES shall have any authority to enter into an
employment agreement express or implied with any employee providing for employment other
than at-will. This policy of at-will employment is the sole and entire agreement between you and
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EMPYREAN PRODUCTION SERVICES as to the duration of employment and the
circumstances under which employment may be terminated.
EMPLOYMENT STATUS
Full-Time Nonexempt Employees
Full-time non-exempt employees are those who are regularly scheduled to work and who do
work a schedule of 32 or more hours per week.
Part-Time Nonexempt Employees
Part-time non-exempt employees are those who are regularly scheduled to and do work less than
32 hours per week.
Exempt Employees
Exempt employees are those whose job assignments meet the federal and state requirements for
overtime exemption. Exempt employees are compensated on a salary basis and are not eligible
for overtime pay.
Part-Time Temporary Employees
Temporary employees are those whose job assignments are of a seasonal nature. Employment is
for a specific project or duration and is on a periodic basis.
EMPLOYMENT OF RELATIVES
EMPYREAN PRODUCTION SERVICES does not have a general prohibition against hiring
relatives. However, a few restrictions have been established to help prevent problems of
harassment, safety, security, supervision and morale.
Close family members generally may not be hired or transferred into positions where they have
access to sensitive information regarding a close family member, or if there is an actual or
apparent conflict of interest (including but not limited to establishing an immediate
supervisor/employee relationship).
These restrictions apply to the following degrees of relationships, whether established by blood,
marriage, or other legal action: spouse, domestic partner (including parties to a civil union),
child, step-child, parent, step-parent, sibling, grandparent, grandchild, parent-in-law, son-in-law,
daughter-in-law, sister-in-law, brother-in-law, aunt, uncle, nephew, niece, cousin, or relations of
the same degree of a domestic partner. This policy also applies to romantic relationships.
If marriage or other action creates these kinds of relationships, one of the employees affected
must give up that position by the end of the fiscal year or within six months from the date the
relationship was established (whichever is the greater period). The employees will be permitted
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to determine which of them will resign. If the employees cannot make a decision, EMPYREAN
PRODUCTION SERVICES will decide who will remain in the position. At the sole discretion
of EMPYREAN PRODUCTION SERVICES, either or both of the employees may be allowed
to transfer to other positions within EMPYREAN PRODUCTION SERVICES.
INTRODUCTORY PERIOD
The employee’s first ninety (90) days of employment with EMPYREAN PRODUCTION
SERVICES are considered an introductory period. This introductory period will be a time for
getting to know fellow employees, managers and the tasks involved in the position, as well as
becoming familiar with EMPYREAN PRODUCTION SERVICES’s products and services.
The supervisor or manager will work closely with each employee to help them understand the
needs and processes of their job.
This introductory period is a try-out time for the employee and EMPYREAN PRODUCTION
SERVICES. During this introductory period, EMPYREAN PRODUCTION SERVICES will
evaluate employees’ suitability for employment and employees can evaluate EMPYREAN
PRODUCTION SERVICES as well. At any time during this first ninety (90) days, employees
may resign. If, during this period, employee work habits, attitude, attendance, performance or
other relevant factors do not measure up to our standards, EMPYREAN PRODUCTION
SERVICES may terminate employment.
At the end of the introductory period, the supervisor or manager will discuss each employee’s job
performance with them. During the course of the discussion, employees are encouraged to give
their comments and ideas as well.
Completion of the introductory period does not guarantee continued employment for any
specified period of time, nor does it require that an employee be discharged only for cause.
Completion of the introductory period also does not imply that employees now have a contract
of employment with EMPYREAN PRODUCTION SERVICES, other than at-will. Successful
completion of the introductory period does not alter the at-will employment relationship.
A former employee who has been rehired after a separation from EMPYREAN
PRODUCTION SERVICES of more than one year is considered an introductory employee
during their first ninety (90) days following rehire.
PERSONNEL RECORDS
EMPYREAN PRODUCTION SERVICES will maintain various employment files while
individuals remain an employee of EMPYREAN PRODUCTION SERVICES. Examples of
these files are employee personnel files, attendance files, I-9 files and files for medical purposes.
CHANGES TO PERSONNEL DATA
If any changes with respect to personal information, such as a change in home address and
telephone number or a change of name occur, employees are required to notify their supervisor
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or manager so the appropriate updates can be made to the files. EMPYREAN PRODUCTION
SERVICES will take reasonable precautions to protect employee files and employee personally
identifiable information in its records.
ACCESS TO EMPLOYEE RECORDS
Employee files have restricted access. Employees, their supervisor or manager, or their
designated agents, may have access to those personnel files. In the event that an employee (or
former employee) wishes to review their personnel file, they must do so in the presence of a
supervisor or manager.
Employees may review or obtain a copy of their personnel file by making a written request to
their supervisor or manager. The written request will become a permanent part of the personnel
file and EMPYREAN PRODUCTION SERVICES will make the contents of those personnel
records available to the employee within 30 days of receiving the request. Documents included
will be those related to the employee’s performance, any grievance concerning the employee,
payroll records, and any other document that contain the employee’s signature.
VOLUNTARY TERMINATIONS
If you decide to leave your employment with EMPYREAN PRODUCTION SERVICES, we
ask that you give us at least two weeks written notice. This will provide the opportunity to make
the necessary adjustments in our operation. If a two-week notice is not provided, the employee
will be ineligible for rehire.
INVOLUNTARY TERMINATIONS
While the decision to commence employment is consensual, the same is not always true when the
time comes to terminate the employment relationship. As an at-will employer, EMPYREAN
PRODUCTION SERVICES reserves the right to end the employment relationship at any time,
with or without cause or notice.
DRESS & APPEARANCE CODE
Your appearance can go a long way in making an impression on our guest and clients.
Professional appearance is expected at all times. You must arrive to work in work clothing that is
clean and, as applicable to your particular position, meets the following dress standards: we do
not want to divorce you from your individuality, but professional appearance is important in the
overall guest experience. Any questions regarding whether something would be appropriate
dress should be directed to a member of management. Employees who request special
accommodation on the basis of religious or other grounds should contact their Supervisor.
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SEXUAL AND OTHER UNLAWFUL HARASSMENT
Sexual harassment and unlawful harassment are prohibited behavior and against Company
policy. EMPYREAN PRODUCTION SERVICES is committed to providing a work
environment free of inappropriate and disrespectful behavior, intimidation, communications and
other conduct directed at an individual because of their sex, including conduct that may be
defined as sexual harassment.
Applicable federal and state law defines sexual harassment as unwanted sexual advances, requests
for sexual favors, or visual, verbal, or physical conduct of a sexual nature when: (1) submission of
the conduct is made a term or condition of employment; or (2) submission to or rejection of the
conduct is used as basis for employment decisions affecting the individual; or (3) the conduct has
the purpose or effect of unreasonably interfering with the employees work performance or
creating an intimidating hostile, or offensive working environment. The following list contains
examples of prohibited conduct. They include, but are not limited to:
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Unwanted sexual advances;
Offering employment benefits in exchange for sexual favors;
Making or threatening reprisals after a negative response to sexual advances;
Visual conduct such as leering, making sexual gestures, or displaying sexually
suggestive objects, pictures, cartoons, or posters;
Verbal conduct such as making or using derogatory comments, epithets, slurs,
sexually explicit jokes, or comments about any employee’s body or dress;
Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s
body, sexually degrading words to describe an individual, or suggestive or obscene
letters, notes, or invitations;
Physical conduct such as touching, assault, or impeding and/or blocking movements;
Retaliation for reporting harassment or threatening to report harassment.
Sexual harassment on the job is unlawful whether it involves coworker harassment, harassment
by a manager, or harassment by persons doing business with or for EMPYREAN
PRODUCTION SERVICES, such as clients, customers or vendors.
OTHER TYPES OF HARASSMENT
Prohibited harassment on the basis of race, color, religion, national origin, ancestry, physical or
mental disability, veteran status, age, gender identity, or any other basis protected under local,
state or federal law, includes behavior similar to sexual harassment, such as:
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Verbal conduct such as threats, epithets, derogatory comments, or slurs;
Visual conduct such as derogatory posters, photographs, cartoons, drawings, or
gestures;
Physical conduct such as assault, unwanted touching, or blocking normal movement;
Retaliation for reporting harassment or threatening to report harassment.
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RETALIATION
It is against Company policy and unlawful to retaliate in any way against anyone who has lodged
a harassment complaint, has expressed a concern about harassment, including sexual harassment
or has cooperated in a harassment investigation. Therefore, the initiation of a complaint, in
good faith, shall not under any circumstances be grounds for disciplinary action. However,
individuals who make complaints that are demonstrated to be intentionally false may be subject
to disciplinary action, up to and including termination.
ENFORCEMENT
All managers and supervisors are responsible for:
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Implementing EMPYREAN PRODUCTION SERVICES policy on harassment,
which includes, but is not limited to, sexual harassment and retaliation;
Ensuring that all employees they supervise have knowledge of and understand
EMPYREAN PRODUCTION SERVICES’ policy;
Taking and/or assisting in prompt and appropriate corrective action when necessary
to ensure compliance with the policy;
Conducting themselves in a manner consistent with the policy.
HARASSMENT COMPLAINT PROCEDURE
EMPYREAN PRODUCTION SERVICES’ complaint procedure provides for an immediate,
thorough and objective investigation of any claim of unlawful or prohibited harassment,
appropriate disciplinary action against one found to have engaged in prohibited harassment, and
appropriate remedies for any victim of harassment. A claim of harassment may exist even if the
employee has not lost a job or some economic benefit.
Anyone who has been subjected to the conduct prohibited under this policy, or who has
knowledge of such conduct, should report this information following the normal Complaint
Procedure as soon as possible. However, employees are not required to report any prohibited
conduct to a supervisor who may be hostile, who has engaged in such conduct, who is a close
associate of the person who has engaged in the conduct in question or with whom the employee
is uncomfortable discussing such matters. Complaints regarding harassment or retaliation may
be oral or in writing. Any individual who makes a complaint that is demonstrated to be
intentionally false may be subject to discipline, up to and including termination.
All reported incidents of prohibited harassment will be promptly investigated. When the
investigation is complete, a determination regarding the reported harassment will be made and
communicated to the employee who complained and to the accused harasser. During the
investigation, confidentiality will be preserved to the fullest extent possible without compromising
EMPYREAN PRODUCTION SERVICES’ ability to conduct a good faith and thorough
investigation.
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If EMPYREAN PRODUCTION SERVICES determines that prohibited harassment has
occurred, EMPYREAN PRODUCTION SERVICES will take effective remedial action
commensurate with the circumstances. Appropriate action will also be taken to deter any future
harassment. If a complaint of prohibited harassment is substantiated, appropriate disciplinary
action, up to and including discharge, will be taken.
EMPYREAN PRODUCTION SERVICES recognizes that actions that were not intended to be
offensive may be taken as such. An employee who believes that they have been subjected to
sexual harassment by anyone is encouraged, but not required, to promptly tell the person that
the conduct is unwelcome and ask the person to immediately stop the conduct. A person who
receives such a request must summarily comply with it and must not retaliate against the
employee for rejecting the conduct. EMPYREAN PRODUCTION SERVICES encourages,
but does not require, individuals to take this step before utilizing the above Complaint Procedure.
ANTI-BULLYING
In addition to EMPYREAN PRODUCTION SERVICES’ anti-harassment policy,
EMPYREAN PRODUCTION SERVICES believes it necessary to delineate a policy regarding
workplace bullying, as such bullying has numerous negative effects on both individual employees
and EMPYREAN PRODUCTION SERVICES as a whole. Workplace bullying may cause the
loss of trained and talented employees, reduce productivity and morale, and create legal risks.
EMPYREAN PRODUCTION SERVICES believes all employees should be able to work in an
environment free of bullying and abusive conduct.
Workplace bullying refers to repeated, unreasonable actions of individuals (or a group) directed
towards an employee (or a group of employees), which are intended to intimidate, degrade,
humiliate or undermine; or which create a risk to the health or safety of the employee(s).
Some examples of workplace bullying include repeated acts such as:
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Unwarranted or invalid criticism
Blame without factual justification
Being treated differently than the rest of the employees in a work group
Being the target of cursing or disrespectful language
Exclusion or social isolation
Being the target of shouting or other behavior intended to humiliate the employee
Excessive “prank” jokes or teasing of an employee
EMPYREAN PRODUCTION SERVICES considers workplace bullying unacceptable and will
not tolerate it under any circumstances. Supervisors and managers are to assume the
responsibility to ensure employees are not bullied. Any employee who bullies a co-worker will be
subject to disciplinary action, up to and including termination of employment.
EMPYREAN PRODUCTION SERVICES encourages all employees to report workplace
bullying to a supervisor or manager with whom employees are comfortable speaking, or directly
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to their supervisor, manager or designee. All complaints of workplace bullying will be treated
seriously and investigated promptly. In the investigation process, EMPYREAN
PRODUCTION SERVICES will attempt to maintain confidentiality to the fullest extent
possible.
It is a violation of Company policy to retaliate or otherwise victimize an employee who makes a
complaint or a witness who serves in the investigation of the workplace bullying allegation.
COMPLAINT PROCEDURE
EMPYREAN PRODUCTION SERVICES subscribes to the open door policy. Employees may
bring a particular complaint to their supervisor or manager for resolution. When matters cannot
be handled on an informal basis, EMPYREAN PRODUCTION SERVICES has established a
formal procedure for a fair review of any work-related controversy, dispute or misunderstanding.
A Complaint may be brought by one or more employees concerning any work-related problem
where the complaint has not been satisfactorily resolved in an informal manner.
Step 1
The complaint must be submitted in writing to a supervisor, manager or designee within three (3)
working days of the incident. A written request for a meeting must be submitted simultaneously.
Generally, a meeting will be held within three (3) working days of the employee’s request
depending upon scheduling availability. Witnesses will be allowed as necessary. If the problem is
not resolved during this meeting the supervisor, manager or designee will give the employee a
written resolution within three (3) working days. If the employee is not satisfied, the employee
may proceed to Step 2.
Step 2
If the employee is not satisfied after Step 1, the employee may submit a written request for review
of the complaint and Step 2 solution to the Empyrean Manager or their designee. Such request
must be made within three (3) working days following the receipt of the Step 1 resolution. The
manager or appointed representative will review the complaint and proposed solution and may
call a further meeting to explore the problem. This meeting is to be attended by the employee
concerned, the employee’s supervisor or manager, and any other employee of EMPYREAN
PRODUCTION SERVICES whom the aggrieved employee chooses. The manager or
appointed representative will render the final decision within ten (10) working days after
receiving the Step 2 request, assuming scheduling availability. The decision will be given to the
employee in writing and will become part of the employee’s personnel file.
PROHIBITED CONDUCT
In order to assure orderly operations and provide the best possible work environment,
EMPYREAN PRODUCTION SERVICES expects employees to follow rules of conduct that
will protect the interest and safety of personnel. It is not possible to list all the forms of behavior
that are considered unacceptable in the workplace, but the following are examples of infractions
of rules of conduct that may result in disciplinary action, including suspension, demotion, or
termination of employment.
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Falsification of employment records, employment information, or other records.
Recording another employee’s work time.
Theft or the deliberate or careless damage of any Company property.
Removing or borrowing Company property without prior authorization.
Unauthorized or illegal use of drugs while on EMPYREAN PRODUCTION
SERVICES premises or while on EMPYREAN PRODUCTION SERVICES
business. Any employee found using or in possession of illegal drugs on EMPYREAN
PRODUCTION SERVICES or client premises will be terminated.
Consuming, possessing, or being under the influence of alcohol during working hours
of EMPYREAN PRODUCTION SERVICES.
Provoking a fight, threatening behavior, or horseplay during work hours or on-site or
at any other time representing EMPYREAN PRODUCTION SERVICES.
Conduct and/or behavior which is disrespectful, insubordinate, immoral, and/or
indecent in nature while on company premises or while off company premises
including but not limited to solicitation of others for immoral purposes, gambling
and/or fighting on company premises or client/job premises.
Making or publishing false, malicious, and/or unauthorized statements about any
employee, manager and/or EMPYREAN PRODUCTION SERVICES including its
services.
Interference with and/or sabotage of company schedules, practices, or work product.
Failure to provide expected levels of courtesy and/or professional service.
Carrying firearms or any other dangerous weapons, at any time, on premises owned
or occupied by EMPYREAN PRODUCTION SERVICES. This includes
brandishing a weapon, to clients or other employees.
Insubordination, including but not limited to failure or refusal to obey the orders or
instructions of any Manager/Supervisor or member of management, or the use of
abusive or threatening language toward any Manager/Supervisor or member of
management.
Indecent or abusive language during work hours or on-site.
Failure to obtain permission to leave work during work time unless approved by
management.
Failure to observe working schedules.
Abuse of sick leave.
Sleeping or malingering on the job.
Failure to notify your Manager/Supervisor of inability to work. Consecutive
unreported absences of three days are considered job abandonment and a voluntary
termination.
Making or accepting excessive personal phone calls.
Working unauthorized overtime or refusing assigned overtime.
Failure to report an injury or unsafe working conditions.
Committing a fraudulent act or breach of trust in any circumstances.
There will be absolutely no taking of unauthorized photographs of any kind, or
requests for autographs on calls. If caught doing so, you will be disciplined.
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This statement of prohibited conduct does not alter or limit EMPYREAN PRODUCTION
SERVICES policy of employment at-will. Either you or EMPYREAN PRODUCTION
SERVICES may terminate the employment relationship at any time for any reason, with or
without cause or without notice.
CORRECTIVE ACTION
Although employment may be terminated at-will by either the employee or EMPYREAN
PRODUCTION SERVICES at any time, without following any formal system of discipline or
warning, EMPYREAN PRODUCTION SERVICES may exercise its discretion to utilize forms
of discipline that are less severe than termination. Examples of less severe forms of discipline
include verbal warnings, written warnings, demotions and suspensions. While one or more of
these forms of discipline may be taken in connection with a particular employee, no formal order
or procedures are necessary
DRUGS AND ALCOHOL
EMPYREAN PRODUCTION SERVICES is dedicated to providing employees with a
workplace that is free of drugs and alcohol. EMPYREAN PRODUCTION SERVICES
discourages drug and alcohol abuse by its employees. EMPYREAN PRODUCTION
SERVICES has a vital interest in maintaining safe and efficient working conditions for its
employees. Substance abuse is incompatible with health, safety, efficiency and success at
EMPYREAN PRODUCTION SERVICES. Employees who have any detectible amounts of
drugs or alcohol while on the job compromise Company interest, endanger the employee’s own
health and safety, and the health and safety of others. This can cause a number of other workrelated problems, including absenteeism and tardiness, substandard job performance, increased
workloads for co-workers, behavior that disrupts other employees, delays in the completion of
jobs, inferior quality in our products, and disruption of customer relations. Any identified usage
of drugs or alcohol, or any detectible amount during working hours will be grounds for discipline,
up to and including termination. EMPYREAN PRODUCTION SERVICES has a zero
tolerance policy regarding drugs and alcohol.
For the safety of our employees and clients, EMPYREAN PRODUCTION SERVICES reserves
the right to test any employee for the use of illegal drugs, marijuana or alcohol under state,
federal or local laws. This may be done in cases where the employee’s job carries a risk of injury
or accident due to such use, or if there is an apparent inability to perform the duties required of
that position. Specific jobs may, at EMPYREAN PRODUCTION SERVICES’ discretion,
require regular drug testing. Such a test may be conducted after an accident or with probable
cause of impairment while on the job. Under those circumstances the employee may be driven
to a certified lab at EMPYREAN PRODUCTION SERVICES’ expense, for the drug test.
Any employee found to use, sell, possess or distribute any illegal drugs under state, federal or
local laws, marijuana, or any unauthorized drugs (including excessive quantities of prescription
or over-the-counter drugs) while on EMPYREAN PRODUCTION SERVICES premises,
performing Company-related duties, or while operating any Company equipment is subject to
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disciplinary action, up to and including termination of employment. Any suspected illegal drug
confiscated will be turned over to the appropriate law enforcement agency.
Any employee taking medication should consult a medical professional to determine whether the
drug may affect their personal safety or ability to perform the essential functions of the job and
should advise their supervisor or manager of any job limitations. Upon notification of job
limitations, EMPYREAN PRODUCTION SERVICES will make reasonable efforts to
accommodate the limitation.
The moderate use of alcohol at Company approved meetings, with business meals, travel, and
entertainment or in an appropriate social setting is not prohibited by this policy.
To the extent any federal, state or local law, rule, or regulation limits or prohibits the application
of any provision of this policy, then to the minimum extent necessary and only for that
geographical area, this policy is deemed to be amended in compliance.
PUNCTUALITY & ATTENDANCE
Employee attendance is a major concern of EMPYREAN PRODUCTION SERVICES.
Unsatisfactory attendance including tardiness and leaving work early is unacceptable
performance. Employees will be rated in their performance appraisal in the categories of
attendance and punctuality.
If an employee is ill, injured, or an unexpected emergency arises which prevents them from
coming to work, the employee must notify their supervisor or manager no later than twenty-four
(24) hours before the start of their scheduled work day. If an employee’s supervisor, manager or
designee is not available, the employee should contact a member of management. If an
employee is physically unable to contact EMPYREAN PRODUCTION SERVICES, they
should direct another person to make the contact on their behalf. Leaving a message with a
fellow staff employee or with the answering service is not considered proper notification. Failure
to notify a supervisor within the 24-hour time period before start of shift will result in a written
warning.
When an employee calls in absent, they are to advise EMPYREAN PRODUCTION
SERVICES of their expected date of return. Management reserves the right to require proof of
illness, injury or accident, including a doctor’s statement or notice for any temporary disability.
Repeated absences, excessive absences (excused or unexcused) or a pattern of absences are
unacceptable job performance. If an employee is absent for three (3) consecutive days and has
not provided proper notification, EMPYREAN PRODUCTION SERVICES will assume that
the employee has abandoned their position and may be treated as having voluntarily terminated
employment with EMPYREAN PRODUCTION SERVICES.
If an employee becomes ill at work, they should notify their supervisor or manager immediately.
If an employee is unable to perform their job tasks, they may be sent home for the remainder of
the day or until able to work again.
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Revised 6-19-19
Employees shall be at their workstation ready to begin work at the start of their scheduled work
time or resumption of work duties. If employees are not prepared, they will be considered tardy.
Excessive tardiness, whether excused or unexcused, constitutes unacceptable work performance.
All absences are to be arranged as far in advance as possible. This includes vacations and time
off for other reasons. If a doctor or dental appointment must be scheduled during the workday,
it should be scheduled as early in the morning or as late in the afternoon as possible.
CONFIDENTIALITY
Information about EMPYREAN PRODUCTION SERVICES, its employees, guests, vendors,
and suppliers is to be kept confidential and divulged only to individuals within EMPYREAN
PRODUCTION SERVICES with both a need to receive and authorization to receive the
information. If in doubt as to whether information should be divulged, err in favor of not
divulging information and discuss the situation with your Manager/Supervisor.
All records and files maintained by EMPYREAN PRODUCTION SERVICES are confidential
and remain the property of EMPYREAN PRODUCTION SERVICES. Records and files are
not to be disclosed to any outside party without the express permission of the President or CEO.
Confidential information includes, but is no way limited to: financial records; pricing structures,
business, marketing, and strategic plans; personnel and payroll records regarding current and
former employees; the identity of, contact information for, and any other account information on
guests, vendors, and suppliers; programs, trade secrets, formulas, techniques, and processes; and
any other documents or information regarding company operations, procedures, or practices.
Confidential information may not be removed from Company premises without express
authorization.
Confidential information obtained during or through employment with EMPYREAN
PRODUCTION SERVICES may not be used by any employee for the purpose of furthering
current or future outside employment or activities or for obtaining personal gain or profit.
EMPYREAN PRODUCTION SERVICES reserves the right to avail itself of all legal or
equitable remedies to prevent impermissible use of confidential information or to recover
damages incurred as a result of the impermissible use of confidential information.
CONFLICT OF INTEREST
EMPYREAN PRODUCTION SERVICES is judged by the collective and individual
performance of its employees. EMPYREAN PRODUCTION SERVICES has a particular
interest in preserving its reputation and the reputation of its employees for the utmost honesty
and integrity. Thus, EMPYREAN PRODUCTION SERVICES holds itself and its employees
to the highest standards of lawful and ethical conduct.
Employees must be very careful that their relationship with clients or vendors and other activities
do no subject them or EMPYREAN PRODUCTION SERVICES to questions or undue
criticism. Employees must refrain from engaging in any activity that could be in conflict with
their status as a Company employee. This includes the use of an employee’s position with
EMPYREAN PRODUCTION SERVICES for personal profit, advantage, or entering into
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Revised 6-19-19
transactions or relationships where it may appear that an employee has a conflict of interest, are
improperly benefiting from an affiliation with EMPYREAN PRODUCTION SERVICES or are
violating laws governing fiduciary relationships. Good judgment should supplement these
provisions to avoid even the appearance of impropriety.
If an employee has questions of the propriety of a transaction or activity, they should seek
guidance from their supervisor or manager. If necessary, employees should seek written approval
before proceeding.
BUSINESS GIFTS
EMPYREAN PRODUCTION SERVICES wants at all times to avoid the appearance of
impropriety in the acceptance of gifts from business contact or clients. It is the policy of
EMPYREAN PRODUCTION SERVICES that employees are prohibited from either directly
or indirectly asking, demanding, exacting, soliciting, or seeking anything of value for themselves
or for any other person or entity.
Employees are also prohibited from either directly or indirectly accepting, receiving, or agreeing
to receive anything of value for themselves or for any other person or entity (other than employee
paychecks from EMPYREAN PRODUCTION SERVICES) for, or in connection with any
transaction or business of EMPYREAN PRODUCTION SERVICES that has a value of $50 or
more. If an employee is promised, offered, or given anything of value from any member,
perspective member, customer, or perspective customer for, or in connection with any
transaction or business of EMPYREAN PRODUCTION SERVICES, employees are to advise
their supervisor or manager at once.
OUTSIDE ACTIVITIES
Employees may engage in outside employment or personal educational activities during nonworking hours, provided that such activities do not interfere with their job performance or
constitute a conflict of interest. Prior to accepting outside employment, employees are to notify
their supervisor or manager in writing. The notice must contain the name of the potential
company, the title and nature of the position, the number of working hours per week, and the
time of scheduled work hours. If the position constitutes a conflict of interest or interferes with
the employee’s job, at any time, employees may be required to terminate such activity.
BUSINESS ETHICS AND CONDUCT
The successful business operation and reputation of EMPYREAN PRODUCTION SERVICES
is built upon the principles of fair dealing and ethical conduct of our employees. Our reputation
for integrity and excellence requires careful observance of the spirit and letter of all applicable
laws and regulations, as well as regard for the highest standards of conduct and personal
integrity. EMPYREAN PRODUCTION SERVICES will comply with all applicable laws and
regulation and expects its directors, officers, and employees to conduct business accordingly.
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Revised 6-19-19
Guests are among our organization’s most valuable assets. Every single employee represents
EMPYREAN PRODUCTION SERVICES to our guests, vendors, and the public. The way we
do our jobs presents an image of our entire organization.
The use of good judgment, based on high ethical principles, will guide you with respect to lines of
acceptable conduct. If a situation arises where it is difficult to determine the proper course of
action, the matter should be discussed openly with your Manager/Supervisor for advice and
consultation.
OPEN DOOR POLICY
EMPYREAN PRODUCTION SERVICES believes in an Open Door Policy for all employees.
Pursuant to this Policy, employees are encouraged to bring any issue or concern regarding any
aspect of their employment to the attention of any member of management. The purpose of
EMPYREAN PRODUCTION SERVICES’ Open Door Policy is to promote open
communication, feedback, and discussion about any matter of importance to an employee. Most
problems can and should be solved in discussion with your immediate supervisor; this is
encouraged as your first effort to solve a problem. However, an Open Door Policy means that
you may also discuss your issues and concerns with the next level of management.
EMPYREAN PRODUCTION SERVICES take such concerns seriously and will take
appropriate corrective action. No employee will be retaliated against for using this problemsolving process. Proprietary information or trade secrets, interference with contract, trade libel,
gross negligence, or any other claim for alleged wrongful conduct or breach of duty of loyalty.
Nevertheless, claims for workers’ compensation benefits and unemployment insurance, those
arising under a union collective bargaining agreement or the National Labor Relations Act,
discrimination or wage claims filed with a state or federal government agency, or any other
claims where mandatory arbitration is prohibited by law, are not covered by this arbitration
agreement, and such claims may be presented by either EMPYREAN PRODUCTION
SERVICES or you to the appropriate court or government agency.
WORK HOURS AND PAYDAYS
The standard pay period begins at 12:00 AM Sunday and ends at 11:59 PM Saturday. Because
of the nature of our business, your individual work schedule may vary depending on your
position.
All EMPYREAN PRODUCTION SERVICES employees are paid bi-weekly. Each paycheck
will include earnings for all work performed through the end of the previous payroll period. In
the event that a regularly scheduled payday falls on a day off such as a holiday, employees will
receive pay on the last day of work before the regularly scheduled payday.
Employees are permitted to have a designated representative pick up their paycheck but must
provide a signed authorization to the Manager in advance.
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Revised 6-19-19
GARNISHMENTS
If EMPYREAN PRODUCTION SERVICES receives an order to garnish your wages, it must
comply with that order. A garnishment will reduce your take-home pay.
TIMEKEEPING
All non-exempt employees are required to use the time clock system to record their hours
worked. Non-exempt employees are required to clock in/out for time off and other leave
tracking purposes.
Employees should clock in no sooner than five (5) minutes before their scheduled shift and clock
out no later than five (5) minutes after their scheduled shift. Additionally, employees are required
to clock in/out for their designated lunch periods. The length of the lunch period should have
the agreement of the employee’s manager. Lunch periods are unpaid time when employees are
relieved of all duties. Waiver of the lunch period requires prior approval of the employee’s
manager. Under no circumstance may the waiver of the lunch period result in overtime work.
Time records are rounded based on the following:
•
•
7 minutes or less are rounded down to the lower quarter hour increment
8 minutes or more are rounded up to the next quarter hour increment
Should an employee miss an entry into the timekeeping system, the employee will notify their
manager as soon as possible for correction.
Accurate time reporting is a federal and state wage and hour requirement, and employees are
required to comply. Continually failing to enter time into the timekeeping system in an accurate
and timely manner may result in disciplinary action, up to and including termination of
employment.
Non-exempt employees are not permitted to work overtime without prior authorization from
their manager. Overtime includes clocking in early, clocking out late, or working through the
scheduled lunch period. Non-exempt employees who work unauthorized overtime will be paid
for the time worked, but may be subject to disciplinary action, up to and including termination of
employment.
Employees may not ask another employee to clock in/out for them. If an employee is found
clocking in/out for another employee, both employees will be subject to disciplinary action, up to
and including termination of employment.
OVERTIME - CALIFORNIA EMPLOYEES
EMPYREAN PRODUCTION SERVICES complies with all applicable federal and state laws
with regard to payment of overtime work.
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Revised 6-19-19
Non-exempt employees will be paid overtime (one and one-half times the regular rate of pay) for
all hours worked over eight (8) in one work day, over forty (40) in one work week and for the first
eight (8) hours of work performed on the seventh consecutive work day in one (1) work week,
without regard to the total number of hours worked in the previous six (6) days.
Double-time is paid at the rate of double the regular rate of pay for every hour worked after the
completion of eight (8) hours worked on the 7th consecutive workday in any workweek. In
addition, double-time is paid at the rate of two (2) times the regular rate of pay for every hour
worked after the completion of twelve (12) hours worked in one (1) workday.
If EMPYREAN PRODUCTION SERVICES approves an employee’s request to make up work
time, the hours of that makeup work performed in the same week that the work was lost do not
count towards computing the total number of hours worked in a day, so long as the total number
of hours worked does not exceed eleven (11) hours.
Employees are required to work overtime when assigned. Any overtime worked must be
authorized by a supervisor or manager, in advance. Working unauthorized overtime or the
refusal or unavailability to work overtime is not acceptable work performance, subject to
discipline including but not limited to termination.
MEAL PERIODS - CALIFORNIA EMPLOYEES
Employees are entitled to take a non-compensated meal period each workday of 30 minutes. No
employee will be scheduled to work more than five (5) consecutive hours in a workday without
taking a meal period. In no case may any meal period be waived to shorten an employee’s work
hours or to be used in lieu of time without pay. Any employee who is scheduled to work not
more than six (6) hours in any workday may, by mutual agreement between EMPYREAN
PRODUCTION SERVICES and the employee, work without a meal period.
When the work period is ten (10) hours per day, a second meal period of at least thirty (30)
minutes will be provided. If the total hours worked is twelve (12) hours or less, the second meal
period may be waived by mutual consent of the employer and the employee and meal penalty
waiver signed by employee and manager and only if the first meal period was not waived. If the
nature of the work prevents relief from all duties, then the on-duty meal period will be
compensated.
Shift Length
Less than 5 hours
5-10 hours
6-10 hours
10-12 hours
12-14 hours
Number of Meal Periods
None
One meal period (at least 30 minutes due by
the start of the 5th hour of work.)
One meal period (30 minutes.)
Two 30-minute meal periods (60 minutes
total) unless 2nd meal period is mutually
waived.
Two 30-minute meal periods
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Revised 6-19-19
REST PERIODS – CALIFORNIA EMPLOYEES
Employees will take a ten-minute rest period during each half of a full workday or major fraction
thereof. However, a rest period need not be authorized for employees whose total daily work
time is less than three and one-half hours. Any variances in rest periods are subject to advance
management approval.
Shift Length
Less than 3.5 hours
3.5 to 6 hours
6 to 10 hours
10-14 hours
Number or Rest Periods
None
One break (10 minutes)
Two breaks (20 minutes total)
Three breaks (30 minutes total)
PAY ADJUSTMENTS, PROMOTIONS & DEMOTIONS
EMPYREAN PRODUCTION SERVICES is most interested in providing maximum
opportunity for employee advancement within EMPYREAN PRODUCTION SERVICES, if
advancement opportunities are available. Accordingly, present employees of EMPYREAN
PRODUCTION SERVICES may be considered for promotions and may be preferred for
promotion before any new employees are hired to fill vacancies that may arise. Of course,
EMPYREAN PRODUCTION SERVICES retains sole discretion to determine the factors be
applied in any promotion decision, and the relative weight of the factors.
All pay increases are based upon merit and market factors. There may not be an automatic
annual cost of living or salary adjustment to reflect current economic conditions. Employees pay
also may be adjusted downward. Salary decreases may take place when there is job
restructuring, job duty changes, job transfers or adverse business economic conditions.
PERFORMANCE EVALUATION
Managers/Supervisors and employees are strongly encouraged to discuss job performance and
goals on an informal, day-to-day basis. Formal performance evaluation swill be conducted
annually between May and June for all salaried employees to provide both Manager/Supervisor
and employee the opportunity to discuss job tasks, identify and correct weaknesses, encourage
and recognize strengths, and discuss positive, purposeful approaches for meeting goals.
WORKPLACE VIOLENCE AND SECURITY
It is the intent of EMPYREAN PRODUCTION SERVICES to provide a safe workplace for
employees and to provide a comfortable and secure atmosphere for customers and others with
whom EMPYREAN PRODUCTION SERVICES does business. EMPYREAN
PRODUCTION SERVICES has zero tolerance for violent acts or threats of violence.
EMPYREAN PRODUCTION SERVICES expects all employees to conduct themselves in a
non-threatening, non-abusive manner at all times. No direct, conditional, or veiled threat of
harm to any employee or Company property will be considered acceptable behavior. Acts of
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Revised 6-19-19
violence or intimidation of others will not be tolerated. Any employee who commits or threatens
to commit a violent act against any person while on Company premises will be subject to
immediate discharge.
Employees within EMPYREAN PRODUCTION SERVICES share the responsibility in
identification and alleviation of threatening or violent behaviors. Any employee who is subjected
to or threatened with violence, or who is aware of another individual who has been subjected to
or threatened with violence, should immediately report this information to their supervisor,
manager or designee. Any threat reported will be carefully investigated and employee
confidentiality will be maintained to the fullest extent possible.
ELECTRONIC ASSETS USAGE
EMPYREAN PRODUCTION SERVICES recognizes that use of the internet has many
benefits for EMPYREAN PRODUCTION SERVICES and its employees. The internet and
email make communication more efficient and effective. Therefore, employees are encouraged
to use the internet appropriately if required by their job. Unacceptable usage of the internet can
place EMPYREAN PRODUCTION SERVICES and others at risk.
The following guidelines have been established for using the internet and email in an
appropriate, ethical, and professional manner:
•
•
•
•
Company internet and email access may not be used for transmitting, retrieving, or
storing of any communications of a defamatory, discriminatory or harassing nature,
or materials that are obscene or X-rated. No messages with derogatory or
inflammatory remarks about an individual’s race, age, disability, religion, national
origin, physical attributes, sexual preference, gender identity, or any other federal or
state protected status shall be transmitted. Harassment of any kind is prohibited.
Disparaging, abusive, profane, or offensive language (materials that would adversely
or negatively reflect upon EMPYREAN PRODUCTION SERVICES or be contrary
to EMPYREAN PRODUCTION SERVICES’ best interests) and any illegal
activities including piracy, cracking, extortion, blackmail copyright infringement, and
unauthorized access to any computers on the internet or email are forbidden.
Copyrighted materials belonging to entities other than EMPYREAN
PRODUCTION SERVICES may not be transmitted by employees on EMPYREAN
PRODUCTION SERVICES’ network. All employees obtaining access to another
company’s or individual’s materials must respect all copyrights and may not copy,
retrieve, modify, or forward copyrighted materials except with permission or as a
single copy to reference only. If employees find something on the internet that may be
interesting to others, they should not copy or download it. Instead, they can give the
URL (uniform resource locator or “address”) to the person who may be interested in
the information and have that person look at it on their own.
Employees should not use the system in a way that disrupts its use by others. This
includes excessive phone usage, sending, or receiving many large files, and
“spamming” (sending email messages to an excessive number of users).
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Revised 6-19-19
•
•
•
•
The internet is full of useful programs that can be downloaded, but some of them may
contain computer viruses or spyware that can extensively damage our computers and
compromise security of Company information. Be sure to virus-check downloaded
files immediately. Also, many browser add-on packages (called “plug-ins”) are
available to download. There is no guarantee that such will be compatible with other
programs on the network and such may cause problems. Therefore, please refrain
from downloading such plug-ins.
Each employee is responsible for the content of all text, audio, or images that they
place on Company drives or send over EMPYREAN PRODUCTION SERVICES’
internet and email system. No email or other electronic communications may be sent
which hides the identity of the sender or represents the sender as someone else. Also,
be aware that EMPYREAN PRODUCTION SERVICES’ name is attached to all
messages so use discretion in formulating messages.
Email is not guaranteed to be private or confidential. All electronic communications
are Company property. Therefore, EMPYREAN PRODUCTION SERVICES
reserves the right to examine, monitor and regulate email messages, directories and
files, as well as internet usage. Also, the internet is not secure so don’t assume that
others cannot read or possibly alter messages.
Internal and external email messages are considered business records and may be
subject to discovery in the event of litigation. Be aware of this possibility when
sending email within and outside EMPYREAN PRODUCTION SERVICES.
All Company-supplied technology including computer systems and Company-related work
records belong to EMPYREAN PRODUCTIONS SERVICES and not the employee.
EMPYREAN PRODUCTIONS SERVICES routinely monitors usage patterns for its email and
internet communication. Although encouraged to explore the resources available on the internet
employees should use discretion in the sites that are accessed.
Since all the computer systems and software, as well as the email and internet connection are
Company-owned, all Company policies are in effect at all times. Any employee who abuses the
privilege of Company-facilitated access to email or the internet may be denied access to the
internet and, if appropriate, be subject to disciplinary action up to and including termination.
HEALTH & SAFETY
The health and safety of employees and others on company property are of critical concern to
EMPYREAN PRODUCTION SERVICES. We strive to attain the highest possible level of
safety in all activities and operations. EMPYREAN PRODUCTION SERVICES also intends
to comply with all health and safety laws applicable to our business.
Towards this end, EMPYREAN PRODUCTION SERVICES must rely upon employees to
ensure that work areas are kept safe and free of hazardous conditions. Employees should be
conscientious about workplace safety, including proper operating methods and known dangerous
conditions or hazards. You should report any unsafe conditions or potential hazards to your
Manager/Supervisor or the Safety Director immediately, even if you believe you have corrected
the problem.
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Revised 6-19-19
Any workplace injury, accident, or illness must be reported to your Manager/Supervisor as soon
as possible, regardless of the severity of the injury or accident. If medical attention is required
immediately, a Manager/Supervisor, will assist employees in obtaining medical care, after which
the details of the injury or accident must be reported.
BENEFITS
HEALTH INSURANCE
EMPYREAN PRODUCTION SERVICES has established group health plans for its eligible
employees which include medical coverage. Detailed information about the plans is set forth in
the official plan documents and insurance policies that govern the plans. Contact your manager
for more information and for employee contribution amounts.
Accordingly, if there are any real or apparent conflicts between the brief summaries contained in
this Handbook and the terms, conditions or limitations of the official plan documents, the
provisions of the official plan documents will prevail. To the extent of any conflict between this
policy and the benefits requirements provided by law, the legal benefits and requirements shall
govern.
WORKERS’ COMPENSATION
EMPYREAN PRODUCTION SERVICES provides insurance for all work-related injuries or
illnesses. The name of EMPYREAN PRODUCTION SERVICES’ workers’ compensation
insurance carrier and other pertinent information is posted. The carrier governs all insurance
benefits provided by EMPYREAN PRODUCTION SERVICES. These contracts shall not be
limited, expanded or modified by any statements of Company personnel or Company
documents. Any discrepancies shall be determined by reference to the insuring contracts.
SICK PAY - CALIFORNIA
Accrual
•
•
Employees accrue one hour of paid sick leave for every 30 hours worked.
Employees are not entitled to accrue paid sick leave for hours paid while not working
(such as vacation, paid holidays, or while using paid sick leave).
Availability
•
•
Employees are entitled to use their accrued, unused paid sick leave beginning on the 90th
calendar day after the start of their employment.
Although employees may accrue more than 3 days of paid sick leave under the 1 hour for
every 30 hours worked under an accrual method, the law allows employers to limit an
employee’s use of paid sick leave to 24 hours or 3 days during a year. EMPYREAN
PRODUCTION SERVICES does limit employee’s use of sick pay to 3 days per year.
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Revised 6-19-19
Authorized Uses of Paid Sick Leave
Care of the employee or the employee’s family member
•
Employees may use their accrued, unused paid sick leave hours to care for themselves or
a family member (definition below) for:
o Mental or physical illnesses, injuries, or health conditions;
o The need for medical diagnosis, care, or treatment of mental or physical illnesses,
injuries, or health conditions; or
o The need for preventive medical care.
•
For the use of paid sick leave for an employee’s family member, family member is defined
as:
o Child
§ Including a biological, adopted, or foster child, stepchild, or a child to
whom the employee stands in loco parentis, is a legal guardian, or is a de
facto parent, regardless of age or dependency status
o Parent
§ Including a biological, adoptive, de facto, 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 parentis when the
employee was a minor child
o Spouse
o Registered Domestic Partner
o Grandparent
o Grandchild
o Sibling
Closure of the company or the employee’s child’s school or place of care
•
•
Employees may use their accrued, unused paid sick leave when EMPYREAN
PRODUCTION SERVICES has been closed by order of a public official for any healthrelated reason
When an employee’s child’s school or place of care has been closed by order of a public
official for any health-related reason.
To address issues related to domestic violence, sexual assault, or stalking
•
Employees may use their accrued, unused paid sick leave to
o Seek legal or law enforcement assistance or remedies to ensure the health and
safety of the employee and their family members including, but not limited to:
Preparing for, or participating in any civil or criminal legal proceeding related to
or derived from domestic violence, sexual assault, or stalking
o Seek treatment by a health care provider for physical or mental injuries caused by
domestic violence, sexual assault or stalking
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Revised 6-19-19
o Attend health care treatment for a victim who is the employee’s family member
o Obtain, or assist the employee’s family member(s) in obtaining, services from: A
domestic violence shelter; a rape crisis center; or a social services program for
relief from domestic violence, sexual assault, or stalking
o Obtain, or assist a family member in obtaining, mental health counseling related
to an incident of domestic violence, sexual assault, or stalking in which the
employee or the employee’s family member was a victim of domestic violence,
sexual assault, or stalking
o Participating, for the employee or for the employee’s family member(s), in safety
planning; or temporary or permanent relocation; or other actions to increase the
safety from future incidents of domestic violence, sexual assault, or stalking
•
For purposes of leave related to domestic violence, sexual assault, or stalking, family
member has the following definition
o Any individual whose relationship to the employee can be classified as a child,
spouse, parent, parent-in-law, grandparent, or person with whom the employee
has a dating relationship
Paid Sick Leave Increments of Use
•
EMPYREAN PRODUCTION SERVICES requires employees to use paid sick leave in
increments of no more than eight (8) hours per day
Rate of Pay for Use of Paid Sick Leave
•
Employees must be paid their “normal hourly compensation” for each hour of paid sick
leave used
o “Normal hourly compensation” is the hourly rate that an employee would have
earned for the time during which the employee used paid sick leave
o Normal hourly compensation does not include tips, gratuities, service charges,
holiday pay, or other premium rates
•
For employees who use paid sick leave for hours that would have been overtime hours if
worked, EMPYREAN PRODUCTION SERVICES is not required to apply overtime
standards to an employee’s normal hourly compensation.
Carryover of Accrued, Unused Paid Sick Leave to the Next Year
Carryover Requirements
•
Accrued, unused paid sick leave balances of 40 hours or less must carry over to the
following year
o For example, if an employee has 25 hours of accrued, unused paid sick leave at
the end of the year, all 25 hours must carry over to the following year
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Revised 6-19-19
•
•
If an employee carries over unused paid sick leave to the following year, accrual of paid
sick leave in the subsequent year would be in addition to the hours accrued in the
previous year and carried over.
Sick Pay cannot be “cashed out” at the end of the year or at any time; it is not the
equivalent of PTO (Paid Time Off).
Separation and Reinstatement
Separation
•
If an employee separates from employment, there will not be financial or other
reimbursement to the employee for accrued, unused paid sick leave balances available at
the time of separation
Reinstatement of Paid Sick Leave Hours Upon Rehire
•
•
•
EMPYREAN PRODUCTION SERVICES must reinstate an employee’s previously
accrued, unused paid sick leave if it rehires an employee within 12 months of separation
Upon rehire, EMPYREAN PRODUCTION SERVICES must provide notification to
the employee of the amount of accrued, unused paid sick leave available for use by the
employee.
If an employee is rehired within 12 months of separation, the employee will not be
required to wait another 90 calendar days to use their accrued, unused paid sick leave if
the employee met that requirement during the previous period of employment
o If an employee did not meet the 90-day requirement for the use of paid sick leave
prior to separation, the previous period of time the employee worked for
EMPYREAN PRODUCTION SERVICES will count towards the 90 days for
purposes of determining the employee’s eligibility to use paid sick leave.
Retaliation Prohibited by Law
•
•
Any discrimination or retaliation against an employee for the lawful exercise of paid sick
leave rights is not allowed. EMPYREAN PRODUCTION SERVICES will not
discriminate or retaliate against an employee for the lawful exercise of Minimum Wage
Act rights.
EMPYREAN PRODUCTION SERVICES may not require, as a condition of an
employee taking paid sick leave, that the employee search for or find a replacement
worker to cover the hours during which the employee is on paid sick leave.
CONTINUATION OF BENEFITS
Under the Federal Consolidated Omnibus Budget Reconciliation Act (COBRA), employees may
be allowed to continue their health insurance benefits, at the employee’s expense, for up to
eighteen (18) months after experiencing a qualifying event as outlined below. Longer periods of
coverage may be available dependent upon the qualifying event.
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Revised 6-19-19
To qualify for COBRA continuation coverage, an employee must have a qualifying event that
causes the employee to lose group health coverage. The following are qualifying events for:
Employees
•
•
Voluntary or involuntary termination of employment for reasons other than gross
misconduct.
Reduction in number of hours worked.
Spouses
•
•
•
•
Loss of coverage by the employee because of one of the qualifying events listed above.
Covered employee becomes eligible for Medicare.
Divorce or legal separation of the covered employee.
Death of the covered employee.
Dependent Children
•
•
Loss of coverage because of any of the qualifying events listed for spouses.
Loss of status as a dependent child under the plan rules.
INSURANCE CONTINUATION WHILE ON LEAVE OF ABSENCE
While on an approved leave of absence, employees remain responsible for paying their normal
weekly contribution towards their insurance coverage. Employees will be required to remit
payment of the employee contribution (which is normally withheld from their paycheck) on the
first of the month, following the start of their leave of absence. Failure to remit payment in a
timely manner may result in the termination of insurance coverage.
LEAVES OF ABSENCE
EMPYREAN PRODUCTION SERVICES may grant an unpaid leave of absence in certain
circumstances. You should notify your Manager/Supervisor in writing as soon as you become
aware that you may need a leave of absence. EMPYREAN PRODUCTION SERVICES will
consider your request in accordance with applicable law and company leave policies. You will be
notified whether your leave request is granted or denied. If you are granted leave, you must
comply with the terms and conditions of the leave, including keeping in touch with your
Manager/Supervisor during your leave, and giving prompt notice if there is any change in your
return date.
NON-OCCUPATIONAL MEDICAL LEAVE
A medical leave of absence may be granted for medical disabilities upon the submission of a valid
and acceptable health care provider’s certification that an employee is disabled and unable to
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perform the functions of his or her position. The health care provider’s written certification must
also state when the disability began and when the employee is expected to be able to return to
work. A medical authorization is required for reinstatement after a leave of absence in excess of
5 days.
OCCUPATIONAL MEDICAL LEAVE
Employees with occupational illnesses, injuries, or disabilities will be granted an occupational
medical leave. EMPYREAN PRODUCTION SERVICES may offer the employee modified
work. Upon the submission of a medical certification that the employee is able to return to work,
the employee will be reinstated in accordance with applicable law. If an employee is disabled
due to an industrial injury EMPYREAN PRODUCTION SERVICES will attempt to
accommodate the employee.
PREGNANCY DISABILITY LEAVE (PDL) – CALIFORNIA EMPLOYEES
The Pregnancy Disability Leave (PDL) Act allows an employee who is disabled due to
pregnancy, childbirth, or related medical conditions to take a pregnancy-related disability leave
for the period of actual disability, up to a maximum of four (4) months. The duration of the
leave is determined by the employee’s physician. Part-time employees are entitled to leave on a
prorated basis. Employees will be required to provide medical certification supporting the need
to take time away under pregnancy disability leave.
Employees who take leave for pregnancy, childbirth, or a related medical condition will be
treated like an employee with any other disability and will be eligible for temporary disability
benefits in the same amount as any other employee on leave.
Regular and temporary full-time and part-time employees of EMPYREAN PRODUCTION
SERVICES are eligible for pregnancy leave without regard to length of employment. Any
accrued but unused sick leave will be substituted for unpaid pregnancy disability leave.
Employees may elect to substitute any other accrued but unused paid time off for unpaid
pregnancy disability leave.
Upon request of the employee and recommendation of the employee’s physician, the employee’s
work assignment may be changed to protect the health and safety of the employee and her child.
Temporary transfers due to health considerations will be granted when possible. The transferred
employee must be qualified for the position, and they will have an equivalent rate of pay and
benefits received in the position they occupied immediately before the leave.
EMPYREAN PRODUCTION SERVICES will maintain health coverage during the period of
actual disability, up to a maximum of four (4) months, in addition to the requirement to maintain
health coverage during an approved leave under the California Family Rights Act (CFRA) of up
to twelve (12) weeks, if applicable.
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At the end of the employee’s pregnancy disability leave, an employee who has a physical or
mental disability (related to pregnancy or otherwise) may be entitled to reasonable
accommodation, including additional leave, for that disability.
FAMILY MEDICAL LEAVE
The Federal Family & Medical Leave Act of 1993 (FMLA) as amended in 2008 and 2013
requires companies with 50 or more employees to provide eligible employees with unpaid leave.
The following provides a general overview of two types of leave available, including the basic 12week leave entitlement (Basic FMLA Leave), as well as the military family leave entitlements
(Military Family Leave) described in this policy. Employees with any further questions about
their eligibility for FMLA leave should contact Human Resources for more information.
Employees are eligible for FMLA leave if they:
1. Have worked for EMPYREAN PRODUCTION SERVICES for at least 12 months in
the last 7 years
2. Have worked at least 1,250 hours for EMPYREAN PRODUCTION SERVICES during
the 12 calendar months immediately preceding the request for leave; and
3. Are employed at a work site that has 50 or more employees within a 75-mile radius
BASIC FAMILY LEAVE
Employees who meet the eligibility requirements described above are eligible to take up to 12
weeks of unpaid leave during any 12-month period for one of the following reasons:
•
•
•
•
•
To care for the employee’s son or daughter during the first 12 months following birth
To care for a child during the first 12 months following placement with the employee
for adoption or foster care
To care for a spouse, son, daughter, or parent (“covered relation”) with a serious
health condition
For incapacity due to the employee’s pregnancy, prenatal medical or child birth; or
Because of the employee’s own serious health condition that renders the employee
unable to perform an essential function of their position.
MILITARY FAMILY LEAVE
There are two types of Military Family Leave available:
Qualifying exigency leave. Employees meeting the eligibility requirements described above may be
entitled to use up to twelve (12) weeks of their Basic FMLA Leave entitlement to address certain
qualifying exigencies. Leave may be used if the employee’s spouse, son, or daughter is on active
duty or called to active duty status in the National Guard or Reserves in support of a contingency
operation or deployment overseas with the armed forces. Qualifying exigencies may include:
•
Short-notice deployment (up to seven days of leave)
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Revised 6-19-19
•
•
•
•
•
•
•
•
Attending certain military events
Arranging for alternative childcare
Addressing certain financial and legal arrangements
Periods of rest and recuperation for the service member (up to fifteen days of leave)
Parental care
Attending certain counseling sessions
Attending post-deployment activities (available for up to ninety days after the
termination of the covered service member’s active duty status)
Other activities arising out of the service member’s active duty or call to active duty
and agreed upon by EMPYREAN PRODUCTION SERVICES and the employee
Leave to care for a covered service member. There is also a special leave entitlement that permits
employees who meet the eligibility requirements for FMLA leave to take up to 26 weeks of leave
to care for a covered service member during a single 12-month period. A covered service
member is a current member of the Armed Forces, including a member of the National Guard
or Reserves, who has been rendered medically unfit to perform their duties due to a serious
injury or illness incurred in the line of duty or while on active duty, and/or pre-existing injuries
or illnesses that were aggravated in the line of duty, that may render the service member
medically unfit to perform their duties for which the service member is undergoing medical
treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability
retired list. In addition, leave will be provided to eligible family members of certain veterans
receiving medical treatment, recuperation, or therapy if the veteran was a member of the Armed
Forces at any time during the five (5) year period preceding the date of the medical treatment,
recuperation, or therapy.
NOTICE
Employees taking FMLA should provide as much notice as practicable. When the need for leave
is foreseeable, 30 days’ advance notice is requested. Employees should make effort to schedule
FMLA leave in the least disruptive manner so as not to affect operations. An employee who is
taking FMLA leave may be required to report periodically to EMPYREAN PRODUCTION
SERVICES regarding their status and intent to return to work. An employee who fails to return
to work at the expiration of the leave without an approved extension will be considered to have
resigned. After the leave, the employee must be restored to the same or essentially-same position
held before the leave.
HEALTH CARE BENEFITS
If applicable, health care benefits will be maintained during the leave. The employee is
responsible for their portion of the medical insurance premium cost, if any. Failure to pay the
employee portion of the health insurance premiums in advance may result in the termination of
coverage. If eligible, the employee will receive notification of continuation of benefits.
EMPYREAN PRODUCTION SERVICES reserves the right to seek reimbursement from the
employee for the medical insurance premiums paid by EMPYREAN PRODUCTION
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SERVICES on behalf of the employee while the employee was on FMLA leave if the employee
fails to return from FMLA leave for reasons other than continuation, recurrence or onset of a
serious health condition of the employee or the employee’s family member, which would
otherwise entitle the employee to leave under the FMLA or other circumstances beyond the
employee’s control.
STATE DISABILITY INSURANCE (SDI) – CALIFORNIA EMPLOYEES
The State of California has a partial wage-replacement insurance plan for California workers.
The cost of this insurance if fully paid by the employee through payroll deductions. The SDI
program includes both Disability Insurance and Paid Family Leave.
DISABILITY INSURANCE
Employees who lose wages when an illness, injury or pregnancy-related disability prevents them
from working and who meet all the state eligibility requirements can collect disability insurance
benefits. The benefits are calculated as a percentage of employee salary up to a weekly
maximum as specified by law, for up to 52 weeks. Employees who apply for this benefit must
provide written notice of disability, including a doctor’s certificate stating the nature of the
disability and the expected date of return to work. Employees are responsible for filing their
claim and other forms promptly and accurately with the Employment Development Department.
A claim form may be obtained from the Employment Development Department online, by
telephone, or in person.
PAID FAMILY LEAVE (PFL)
Employees may be eligible for partial wage replacement benefits under the Paid Family Leave
Act for up to a maximum of six (6) weeks for the following reasons:
•
•
To bond with a new child after birth or placement for adoption or foster care
To care for a serious health condition of an employee’s child, parent, spouse, or registered
domestic partner.
The Paid Family Leave Act provides benefits based on past quarter earnings for up to six (6)
weeks in a twelve (12)-month period. The cost of the insurance is fully paid by the employee.
The twelve (12)-month period begins on the first day an employee submits a claim.
To be eligible for benefits, employees may be required to provide medical and/or other
information that supports a claim for time off to bond with a new child or to care for a child,
parent, spouse or registered domestic partner with a serious health condition.
The employee is responsible for filing their claim for family leave insurance benefits and other
forms promptly and accurately with the Employment Development Department. A Claim form
may be obtained from the Employment Development Department by telephone, letter, the
Internet or in person. All eligibility and benefit determinations are made by the Employment
Development Department.
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Employees may not be eligible for Paid Family Leave benefits if they are receiving disability
insurance, unemployment compensation insurance or workers’ compensation benefits.
The Paid Family Leave Act does not provide a right to leave, job protection, or return to work
rights. Further, this policy does not provide additional time off; rather, family leave insurance
may provide compensation during an approved leave pursuant to any Company provided leave.
BEREAVEMENT LEAVE
Salaried employees are eligible to take up to three (3) workdays off with pay to attend a funeral
and take care of personal matters related to the death of a member of your immediate family.
Non-salaried employees may take up to three (3) days unpaid. Immediate family includes a
parent, spouse, spouse’s parent, child, brother, or sister. At the discretion of management,
additional unpaid leave may be granted.
JURY/WITNESS DUTY
Salaried employees who are called to serve on jury duty will be paid up to five (5) days providing
they notify their Manager immediately so that work schedules can be adjusted and that a “notice
of service” from the court is provided when returning to work. All other employees will be
granted time off for jury duty service either paid or unpaid based on applicable State law. Please
notify your Manager in advance so that a replacement can be scheduled. A “notice of service”
from the court must be provided when returning to work.
WITNESS LEAVE – CALIFORNIA EMPLOYEE
If an employee is absent from work to serve as a witness in response to a subpoena in a criminal
case, the employee will be granted a witness leave without pay for such time as it is necessary to
comply with the request. Employees are to report to work on any day, or portion thereof, which
is not actually spent in the performance of serving as a witness. For each week of witness leave, a
certificate of service shall be certified by the Court and filed with EMPYREAN PRODUCTION
SERVICES no later than Wednesday of the following week.
FAMILY MILITARY LEAVE – CALIFORNIA
An employee who works an average of twenty (20) or more hours per week whose spouse is a
member of the Armed Forces, National Guard or Reserves that has been deployed during a
period of military conflict is eligible to receive up to ten (10) unpaid days off when their spouse is
on leave from military deployment.
An employee must provide their supervisor with a notice of intention to take leave within two (2)
business days of receiving official notice that their spouse will be on leave from deployment.
Employees taking family military leave must also provide EMPYREAN PRODUCTION
SERVICES with written documentation certifying their spouse will be on leave from
deployment.
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CIVIL AIR PATROL LEAVE – CALIFORNIA EMPLOYEES
EMPYREAN PRODUCTION SERVICES will provide not less than ten (10) days of leave per
year for voluntary members of the California Wing of the Civil Air Patrol in order for volunteers
to respond to an emergency operational mission.
The employee volunteer must be employed for at least ninety (90) days immediately preceding
the commencement of leave. Employees are required to give EMPYREAN PRODUCTION
SERVICES as much notice as possible of the intended leave dates. Upon return, the employee is
entitled to their position or position with equivalent seniority, benefits, pay and other terms of
employment unless conditions unrelated to leave render such restoration impractical.
CIVIC DUTY LEAVE – CALIFORNIA EMPLOYEES
EMPYREAN PRODUCTION SERVICES will permit those employees who are volunteer
firefighters, reserve peace officers, or emergency rescue personnel to take temporary leave of
absence, not to exceed an aggregate of fourteen (14) days per calendar year, for the purpose of
engaging in fire or law enforcement training including emergency rescue training.
If an employee is participating as a volunteer firefighter, reserve duty police officers and
emergency rescue personnel they must alert their supervisor so that they may be aware that the
employee may have to take (unpaid) time off for emergency duty. An employee who is a health
care provider shall notify EMPYREAN PRODUCTION SERVICES at the time the employee
becomes designated as emergency rescue personnel and when the employee is notified that they
will be deployed as a result of that designation. In the event that an employee needs to take time
off for emergency duty, they are asked to alert their supervisor before doing so whenever possible.
MILITARY LEAVE
If employees are on an extended military leave of absence, they are entitled to be restored to
their previously held position or similar position, if available, without loss of any rights, privileges
or benefits provided the employee meets the requirements specified in the Uniformed Services
Employment and Reemployment Rights act (USERRA).
An employee who is a member of the reserve corps of the armed forces of the United States or of
the National Guard or the Naval Militia will be granted temporary leave of absence without pay
while engaged in military duty as required by state employment law. A letter from the
employee’s commanding officer is required to establish the dates of duty.
VOTING LEAVE – CALIFORNIA EMPLOYEES
If an employee cannot vote because of their scheduled work hours, then the employee will be
given additional time off to vote in any state or federal election.
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Employees must apply for leave at least two (2) days before Election Day. EMPYREAN
PRODUCTION SERVICES may specify the time during the day that leave can be taken.
Generally, time off will be at the beginning or end of their shift, whichever allows the most free
time for voting and the least time off from the regular working shift, unless otherwise mutually
agreed upon.
Up to two (2) hours shall be compensated at the employee’s regular rate of pay. Additional time
off, when necessary, will be unpaid for non-exempt employees.
(CALIFORNIA ONLY)
CALIFORNIA FAMILY RIGHTS ACT – CALIFORNIA EMPLOYEES
The California Family Rights Act (“CFRA”) allows a California employee who is eligble as
defined under the FMLA as described above to take 12 weeks of unpaid leave for family care and
medical leave. Family care and medical leave includes the birth of a child of the employee or
employee’s life partner, the adoption of a child, or the serious health condition of a child of the
employee. Leave to care for a parent, spouse, or life partner who has a serious health condition,
or leave because of an employee’s own serious health condition are also covered. EMPYREAN
PRODUCTION SERVICES will reinstate an employee who takes leave to the same or an
equivalent position upon return. CFRA leave will not affect the accrual of benefits. This leave
can run alongside or concurrently with the FMLA in some circumstances depending on the type
of leave requested or used.
Leave may be taken on an intermittent or reduced schedule basis if it is required for the care of a
family member with a serious medical condition. The basic minimum duration of a California
Family Leave request is two (2) weeks when the leave is taken for the birth, adoption, or fostercare placement of a child. However, EMPYREAN PRODUCTION SERVICES will only grant
a request for such a leave of less than two (2) weeks duration on two occasions. In addition, leave
taken for the birth, adoption, or foster-care placement of a child must be completed within one
(1) year of the qualifying event.
If foreseeable, an employee should provide EMPYREAN PRODUCTION SERVICES with 30
days’ advance notice of the intent to take medical leave. When this is not possible due to the
unexpected nature of the leave, notice should be given as soon as possible. An employee should
also request eligibility confirmation from EMPYREAN PRODUCTION SERVICES prior to
taking this leave. EMPYREAN PRODUCTION SERVICES may request certification from a
licensed physician concerning an employee’s serious medical condition but will not require the
employee to divulge the exact condition or illness.
Pregnancy disability leave is treated separately from family care and medical leave in California.
An employee may take both pregnancy leave and leave for birth of a child. Please contact
Human Resources for additional details on which leave laws may apply to your circumstances.
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VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT &
STALKING LEAVE – CALIFORNIA EMPLOYEES
EMPYREAN PRODUCTION SERVICES will not discriminate against employees who are
victims of domestic violence, sexual assault, or stalking for taking time off from work to obtain or
attempt to obtain any relief, including but not limited to a temporary restraining order,
restraining order, or other injunctive relief to help ensure the health, safety, or welfare of a victim
or their child.
EMPYREAN PRODUCTION SERVICES will also not discriminate against an employee who
is a victim of domestic violence, sexual assault, or stalking for taking time off from work to seek
medical attention for injuries caused by such domestic violence or sexual assault, to obtain
services from a domestic violence, sexual assault, or stalking program, to obtain psychological
counseling related to the domestic violence, sexual assault, or stalking or to participate in actions
to increase safety from future domestic violence, sexual assault, or stalking including temporary
or permanent relocation. EMPYREAN PRODUCTION SERVICES will make reasonable
accommodation for victims of domestic violence, sexual assault, or stalking, including but not
limited to the implementation of safety measures.
Affected employees must give EMPYREAN PRODUCTION SERVICES reasonable notice
that they are required to be absent for a purpose stated above, except for unscheduled or
emergency court appearances or other emergency circumstances. In such a case, EMPYREAN
PRODUCTION SERVICES will take no action against affected employees if, within a
reasonable time after the appearance, they provide EMPYREAN PRODUCTION SERVICES
with documentary evidence that their absence was required for any of the above reasons.
This leave will be unpaid. However, affected employees may use any unused sick or vacation
time towards the leave. Exempt employees may be provided time off with pay when necessary to
comply with state and federal wage and hour laws.
SCHOOL LEAVE (DISCIPLINARY MATTER ATTENDANCE) –
CALIFORNIA EMPLOYEES
EMPYREAN PRODUCTION SERVICES will grant unpaid time off for employees who are
parents or guardians of school-age children who need time off to attend disciplinary events at
school such as hearings and/or meetings for other events including suspension and expulsion.
Employees are required to give reasonable notice to EMPYREAN PRODUCTION SERVICES
that they need to take time off.
The employee must use available vacation or personal leave for school visitation and must take
leave without pay if no paid leave is available. Exempt employees may be provided time off with
pay when necessary to comply with state and federal wage and hour laws.
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SCHOOL LEAVE (SCHOOL ACTIVITY ATTENDANCE) –
CALIFORNIA EMPLOYEES
EMPYREAN PRODUCTION SERVICES will grant employees who are the parent, guardian,
or grandparent having custody of children in grades k-12, or of children attending a licensed
daycare facility, up to forty (40) hours of leave without pay per calendar year to participate in
activities of their child’s school or daycare facility. This leave should not exceed eight (8) hours in
any calendar month. Request for such leave must be made in advance of the planned absence
and employees must provide documentation from the school or daycare facility as proof of their
participation in school or daycare activities.
The employee must use available vacation or personal leave for school visitation and must take
leave without pay if no paid leave is available. Exempt employees may be provided time off with
pay when necessary to comply with state and federal wage and hour laws.
REPORTING TIME PAY – CALIFORNIA EMPLOYEES
Non-exempt employees who are required to report to work and are subsequently sent home by
EMPYREAN PRODUCTION SERVICES without completing their assigned shift due to a lack
of work will be paid any applicable reporting time pay.
Employees may be paid for half of their regularly scheduled shift, but no less than two hours and
no more than four hours. All time worked prior to dismissal count toward these totals.
Reporting time pay will be compensated at the employee’s regular rate of pay. Reporting time
hours, with the exception of any actual hours worked, will not count toward overtime
calculations.
If an employee is required to report to work a second time in any one workday and is furnished
less than two hours of work on the second reporting, they will be paid for two hours at their
regular rate of pay.
Reporting time pay will not apply if operations cannot begin or continue due to threats to
employees or property, or when civil authorities recommend that work not begin or continue;
when public utilities fail to supply electricity, water, or gas, or there is a failure in the public
utilities or sewer system; when the interruption of work is caused by an Act of God or other cause
not within the employer’s control, or if the employee is not fit to work, or has not reported to
work on time and is fired or sent home as a disciplinary action. Employees who are regularly
scheduled to work a shift of less than two hours do not qualify for reporting time pay.
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** IMPORTANT – PLEASE READ CAREFULLY **
EMPLOYEE ACKNOWLEDGMENT OF RECEIPT OF EMPLOYEE HANDBOOK
I acknowledge receipt of EMPYREAN PRODUCTION SERVICES employee handbook. I
agree to read the handbook and to follow the guidelines and policies set forth in the handbook
and any amendments to the handbook along with the other policies and procedures of
EMPYREAN PRODUCTION SERVICES.
I understand that I am not being hired for any definite period of time even though my wages are
paid regularly. I further understand that I am an at-will employee and my employment can be
terminated at any time, with or without cause and with or without prior notice either by
EMPYREAN PRODUCTION SERVICES or myself. No promises or representations have
been made to me that I can be disciplined or discharged from my employment with
EMPYREAN PRODUCTION SERVICES only under certain circumstances or after certain
events.
I am aware that the contents of the employee handbook are presented as a matter of information
and that except for the at-will provisions, the handbook can be amended at any time. I realize
that nothing in this handbook is intended to infringe upon my rights under Section Seven (7) of
the National Labor Relations Act (NLRA).
I understand and agree that the handbook is for informational purposes only and is not intended
to create a contract, nor is it a contract of employment or continuing employment between
myself and EMPYREAN PRODUCTION SERVICES. I also understand that neither the
handbook nor any policy of EMPYREAN PRODUCTION SERVICES is a guarantee or
promise of employment or continuing employment. I am aware that Company policy requires
employees to be hired at-will and this policy cannot be changed by any oral modifications. My
at-will employment status with EMPYREAN PRODUCTION SERVICES has been fully
explained and I have been given an opportunity to ask questions regarding Company policies
and my at-will employment status.
______________________
Dated
___________________________
Signature
___________________________
Print Name
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